The High Court of Justiciary has made the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2026, signed on 15 January 2026 and coming into force on 21 February 2026. The instrument makes a narrow change to reporting‑restriction notifications at jury empanelment and revises the standard notice served on those subject to Part 2 of the Sexual Offences Act 2003. The rules are made under section 305 of the Criminal Procedure (Scotland) Act 1995.
Under the current Criminal Procedure Rules, when a court issues an interim reporting‑restriction order, the clerk must immediately send a copy to any “interested person”. An “interested person” is someone who has asked to see such orders and whose name appears on a list kept by the Lord Justice General. These definitions and duties sit in Chapter 56 and Rule 56.2 of the 1996 Rules. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513/schedule/2/part/VII/chapter/56?utm_source=openai))
The 2026 Act inserts an exception into Rule 56.2. Where an interim order is made after the jury is balloted and it lasts only until the jury has taken the oath or affirmation, the usual requirements in Rule 56.2(2) and (3) to send the order to interested persons and to specify reasons do not apply. This is limited to that short window between ballot and oath.
The change does not alter the general framework that allows interested persons to make representations on interim orders or the obligations that apply when a final order is made. Outside the specific jury‑oath window, the existing timetable for representations under Rule 56.3 and the duty to publish the making of any order on the Scottish Courts and Tribunals Service website under Rule 56.4 continue to operate. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513?utm_source=openai))
Separately, the Act updates Form 20.3A‑B (the notice of requirement to notify police under Part 2 of the Sexual Offences Act 2003). The revised form now requires a person subject to the notification regime to inform the police if they have applied for a gender recognition certificate (GRC) and the application is undetermined, or if they obtain a full GRC issued on or after the relevant date. Form 20.3A‑B is the long‑standing vehicle for advising individuals of these statutory duties. ([legislation.gov.uk](https://www.legislation.gov.uk/ssi/2004/206/made?utm_source=openai))
The form change is consequential on the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025, approved by the Scottish Parliament in December 2025. Those regulations extend the information to be provided by relevant offenders to include GRC applications and certificates; the court form is adjusted so notices given after conviction reflect the updated law. ([parliament.scot](https://www.parliament.scot/chamber-and-committees/official-report/search-what-was-said-in-parliament/meeting-of-parliament-03-12-2025?iob=142850&meeting=16723&utm_source=openai))
Operationally, courts should ensure that, from 21 February 2026, reporting‑restriction mail‑outs are not triggered by interim orders made between jury ballot and oath, while all other interim and final orders remain subject to the standard notification and publication regime. Clerks should also adopt the revised Form 20.3A‑B for cases that engage Part 2 notification following conviction or finding. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513/schedule/2/paragraph/56.2?utm_source=openai))
For police and offender‑management teams, the updated form will translate into additional notifications concerning GRC applications and certificates. Failure to comply with Part 2 notification requirements remains a criminal offence; national guidance sets out the obligations and enforcement approach, including maximum penalties on conviction. ([gov.uk](https://www.gov.uk/government/publications/guidance-on-part-2-of-the-sexual-offences-act-2003?utm_source=openai))
For legal practitioners and media organisations on court lists, the practical effect is clarity about when circulation will occur during jury selection: no immediate copies of such short‑lived interim orders will issue to the interested‑person list before the jury is sworn, but the scope to make representations and to challenge any subsequent order remains unchanged. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513?utm_source=openai))
The combined effect of the changes is technical and time‑specific: a targeted carve‑out to reduce administrative steps during empanelment, and alignment of a standard notice with updated notification requirements. No wider change is made to the test for reporting restrictions or to the structure of the Criminal Procedure Rules. ([scotcourts.gov.uk](https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/criminal-procedure-rules/?utm_source=openai))