Scotland’s High Court of Justiciary has made the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Affirmations and Oaths) 2026 (S.S.I. 2026/99). The instrument updates the Criminal Procedure Rules to implement elements of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12) and is made under section 305 of the Criminal Procedure (Scotland) Act 1995. It was made on 18 February 2026 and laid before the Scottish Parliament on 19 February 2026. (parliament.scot)
The instrument inserts a new Rule 14.3A into Chapter 14 (solemn proceedings). Where the court appoints a juror’s communication supporter under new section 88A of the 1995 Act, the presiding judge must administer the supporter’s oath in the precise form set out in Form 14.3A‑A, or the supporter’s affirmation in Form 14.3A‑B if the supporter elects to affirm. Either form is to be treated as satisfying section 88A(4) or (6) of the 1995 Act. The Scottish Government’s published Business and Regulatory Impact Assessment confirms that section 88A provides the appointment process and that the 1995 Act is also amended to allow a supporter to be present during jury deliberations. (gov.scot)
Separately, Form 14.3‑B (affirmation for juror) is substituted. In consequence of amendments to section 6 of the Oaths Act 1978 made by section 63 of the 2025 Act, jurors who choose to affirm will now do so collectively rather than individually. Rule 14.3 on the administration of the oath or affirmation to jurors otherwise remains in place.
Commencement is tied to the 2025 Act. Most provisions of this Act of Adjournal come into force on the date section 64(2) of the 2025 Act (inserting section 88A) commences; the substituted juror affirmation form and associated schedule take effect on the date section 63 commences. The principal commencement instrument for the 2025 Act was made in December 2025, with an amending commencement regulation published in February 2026; court users should check the latest commencement orders before implementation. (parliament.scot)
For judicial practice, this creates a defined moment for administering an oath or affirmation to a communication supporter before any assistance begins. The Judicial Institute’s Jury Manual was updated in January 2026, indicating that bench guidance is being refreshed in parallel with legislative changes. (judiciary.scot)
For administrators, the Scottish Courts and Tribunals Service is expected to plan for the procurement and scheduling of appropriate support services, as set out in the Government’s impact assessment. Examples referenced include BSL interpreting, speech‑to‑text reporting and other communication support to enable effective participation by physically disabled jurors. (gov.scot)
Practitioners should prepare revised courtroom scripts and clerk instructions covering: the judge’s oath or affirmation for the communication supporter in the new forms; and the move to a collective affirmation where jurors elect to affirm. The SCTS forms page currently lists Forms 14.3‑A and 14.3‑B for juror oath and affirmation; updates reflecting new Forms 14.3A‑A and 14.3A‑B are expected to follow commencement. (scotcourts.gov.uk)
As with all Acts of Adjournal, a certified copy will be inserted in the Books of Adjournal. These instruments are Scottish Statutory Instruments made by the High Court of Justiciary under section 305 of the 1995 Act; they are laid before the Scottish Parliament but are not subject to parliamentary procedure. (gov.uk)