Scottish Ministers have signed the first commencement regulations for the Victims, Witnesses, and Justice Reform (Scotland) Act 2025. Made on 9 December 2025 and laid before the Scottish Parliament on 11 December, the instrument brings core jury provisions into force on 1 January 2026 and parole-related provisions on 23 March 2026. The Regulations are cited as S.S.I. 2025/393.
From 1 January 2026, juries in solemn proceedings will deliver a verdict of either guilty or not guilty. A guilty verdict will require a majority, defined as at least 10 jurors where the jury consists of 14 or 15, at least 9 where it consists of 13, and at least 8 where it consists of 12. The Act therefore replaces Scotland’s previous three-verdict model and sets a two‑thirds threshold for conviction depending on the number of jurors remaining.
For summary proceedings, the Act provides that the court must return a verdict of either guilty or not guilty for each charge, aligning summary outcomes with the new approach in solemn cases.
The jury-size and quorum changes clarify that a trial may continue after a juror’s death or discharge only where at least 12 jurors remain and the court considers it in the interests of justice to proceed, after hearing representations from the parties. This sets the practical floor for a properly constituted jury under the amended Criminal Procedure (Scotland) Act 1995.
The commencement instrument includes a transitional rule: the new jury size, majority and verdict provisions do not apply to trials that commenced before 1 January 2026. For these purposes, a trial is taken to have commenced when the oath is administered to the first witness in summary proceedings, or when the jury is sworn in solemn proceedings.
Two further sections start on 1 January 2026 to enable research into juries. With the Lord Justice General’s leave, researchers may lawfully obtain and publish specified particulars of deliberations in solemn cases, notwithstanding the usual contempt restrictions. Where the Scottish Ministers commission such research, they must publish a report and a formal response and lay both before the Parliament.
From 23 March 2026, the Parole Board must take account of two additional statutory considerations. First, in murder or culpable homicide cases where a victim’s remains have not been recovered, the Board must consider whether there are reasonable grounds to believe the prisoner has information about the remains and has withheld it. Second, in all cases, the Board must consider the likely impact of its decision on the safety and security of any victim and any victim’s family member.
For court administrators and practitioners, the timetable implies immediate operational changes from the start of 2026. Indictments, written directions and verdict forms should be checked against the new verdict framework; case management systems must reflect the majority thresholds for different jury sizes; and judges should be prepared to record reasons where a trial continues with 12 to 14 jurors following a discharge, after hearing parties on the interests of justice.
The transitional protection avoids disrupting live cases. Any solemn trial with a jury sworn before 1 January 2026 will conclude under the old rules. Any summary trial where the first witness was sworn before that date will similarly continue on the previous basis. New cases starting on or after 1 January must apply the revised verdict structure and majority rules.
Section 116 of the 2025 Act authorises commencement by regulations and permits transitional or saving provision. Royal Assent was on 30 October 2025, with the commencement framework in sections 112 to 116 available the following day. The new instrument applies that framework to the first tranche of jury and parole measures.