Scotland’s High Court of Justiciary has made the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2026, laid before the Scottish Parliament on 16 January 2026 and commencing 21 February 2026. The instrument refines criminal court reporting procedures and updates the standard notice given to offenders about police notification duties under Part 2 of the Sexual Offences Act 2003.
On reporting restrictions, the Act inserts a new paragraph into rule 56.2 of the Criminal Procedure Rules. For an interim order made after the jury has been balloted, and which lasts only until the jury oath or affirmation is taken, the clerk is no longer required to send a copy of that interim order to interested persons or to specify, within the interim order, why a final order is being considered. This narrow carve‑out is designed for the short interval between ballot and swearing. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513/schedule/2/part/VII/chapter/56?utm_source=openai))
Outside this short window, the existing framework continues to apply. When a reporting restriction order is actually made, the clerk must still send a copy to any registered interested person and arrange for publication of the making of the order on the Scottish Courts and Tribunals Service website. Applications to vary or revoke remain available under Chapter 56. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513/schedule/2?utm_source=openai))
For editors and court reporters, the practical effect is that there may be no immediate email or website notification during the brief period after a jury is selected but before it is sworn. Awareness will therefore come from what is said in court at that moment. If a restriction extends beyond the swearing of the jury, the usual notification and publication steps apply once a full order is made. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513/schedule/2?utm_source=openai))
The Act also updates the notice served on conviction: Form 20.3A‑B (notice of requirement to notify police under Part 2 of the Sexual Offences Act 2003). The form will now make explicit that a person subject to notification requirements must tell the police if they have applied for a gender recognition certificate and the application has not yet been determined, or if they later obtain a full gender recognition certificate issued on or after the relevant date. Ministers trailed this change alongside the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025. ([parliament.scot](https://www.parliament.scot/chamber-and-committees/official-report/search-what-was-said-in-parliament/meeting-of-parliament-26-11-2025?iob=142759&meeting=16711))
During scrutiny of the 2025 draft Regulations, the Cabinet Secretary for Justice and Home Affairs told Parliament that the additional disclosure relates only to those already subject to the register and is intended to inform risk management under MAPPA. She also confirmed that the ‘relevant date’ is normally the date of conviction and that there is no duty to notify where an individual already held a GRC before conviction. ([parliament.scot](https://www.parliament.scot/chamber-and-committees/official-report/search-what-was-said-in-parliament/meeting-of-parliament-26-11-2025?iob=142759&meeting=16711))
This change does not alter the process for obtaining a GRC. It adds to the information set Police Scotland receives about individuals who are already on the register, without creating new barriers to recognition. The Cabinet Secretary emphasised that the requirement is about public protection and should not be read as conflating the wider transgender community with offending. ([parliament.scot](https://www.parliament.scot/chamber-and-committees/official-report/search-what-was-said-in-parliament/meeting-of-parliament-26-11-2025?iob=142759&meeting=16711))
Failure to comply with notification requirements under Part 2 of the 2003 Act remains a criminal offence. Police Scotland guidance notes that breaches can result in prosecution and a sentence of up to five years’ imprisonment, underscoring the need for accurate and timely notifications. ([scotland.police.uk](https://www.scotland.police.uk/about-us/what-we-do/specialist-crime-division/sex-offender-policing-units/policing-of-registered-sex-offenders/?utm_source=openai))
Operationally, courts and practitioners should ensure the revised Form 20.3A‑B is in use from 21 February 2026 and that sentencing remarks and post‑conviction notices reflect the added duties. Court teams should also brief media officers and list subscribers that very short interim restrictions between ballot and oath may proceed without immediate circulation, with standard Chapter 56 processes resuming for any order that continues beyond the jury being sworn. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513/schedule/2/part/VII/chapter/56?utm_source=openai))