The High Court of Justiciary has made the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Affirmations and Oaths) 2026 (S.S.I. 2026/99). Signed on 18 February 2026 and laid before the Scottish Parliament on 19 February 2026, it comes into force in line with paragraph 1(2) and (3), which tie commencement to the relevant provisions of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.
The instrument amends the Criminal Procedure Rules 1996 by inserting a new rule 14.3A in Chapter 14 for cases where a juror’s communication supporter is appointed. It prescribes two new forms for that purpose-Form 14.3A‑A (oath) and Form 14.3A‑B (affirmation)-and provides that an oath or affirmation administered in these terms is treated as given for the statutory requirement. It also substitutes a revised Form 14.3‑B for jurors who elect to affirm.
The link to primary legislation is direct. Under the 2025 Act, courts may appoint a juror’s communication supporter to assist a juror with communication needs arising from physical disability; that supporter must take an oath or affirm before assisting, and may be present in the jury room when deliberations occur. The new court rules supply the forms and wording needed to give effect to those duties in practice. (parliament.scot)
The revised juror affirmation form is consequential on changes made by the 2025 Act to the manner of affirming. Current law requires individual affirmations under section 6 of the Oaths Act 1978 and the existing Rules; the Act enables jurors who choose to affirm to do so collectively and without stating their names, aligning procedure with the existing group oath. (parliament.scot)
Commencement is staged. Paragraph 1(2) of this Act of Adjournal ties rule 14.3A and the new supporter forms to the date section 64(2) of the 2025 Act comes into force; paragraph 1(3) ties the substituted juror affirmation form to the commencement of section 63. Ministers may commence different provisions on different days, and may differentiate by court or proceeding, so users should confirm commencement regulations before deploying the new forms. (parliament.scot)
For court administration, the Scottish Government’s impact assessment anticipates the Scottish Courts and Tribunals Service arranging access to communication support (for example, BSL interpreters, speech‑to‑text reporters or other supporters) and putting procurement routes in place to meet juror needs when section 88A is commenced. (gov.scot)
For judges and practitioners, the operational sequence is straightforward: where a supporter is appointed under the new statutory power, the presiding judge must administer the oath in Form 14.3A‑A or the affirmation in Form 14.3A‑B; once sworn or affirmed, the supporter may assist the juror throughout the trial, including deliberations, subject to the safeguards set in the 1995 Act as amended. (parliament.scot)
These court rule changes sit within a wider reform package. The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 received Royal Assent on 30 October 2025 and includes measures on jury practice and verdicts alongside the new support for jurors and affirmation changes; the Act is being commenced in stages. (parliament.scot)
In practical terms, practitioners should plan for a period of dual running. Until section 63 is commenced, the existing individual affirmation for jurors remains in use; after commencement, the collective affirmation form in the substituted Form 14.3‑B applies. Similarly, the supporter oath and affirmation will become operational only when section 64(2) is brought into force, at which point the new Forms 14.3A‑A and 14.3A‑B must be used.