The High Court of Justiciary has approved an Act of Adjournal amending the Criminal Procedure Rules 1996 to implement aspects of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025. The instrument focuses on juror affirmations and the administration of oaths or affirmations for newly recognised juror communication supporters. (parliament.scot)
The 2025 Act creates a statutory route for appointing a juror’s communication supporter by inserting a new section 88A into the Criminal Procedure (Scotland) Act 1995. Scottish Government guidance explains that support may include British Sign Language interpretation, speech‑to‑text reporting or guide communication, and confirms that, where appointed, the supporter may accompany jurors during deliberations. (gov.scot)
To operationalise that role, the Act of Adjournal inserts Rule 14.3A into Chapter 14 (solemn proceedings). Where a supporter has been appointed under section 88A(2) or (5), the presiding judge must administer an oath or, if elected, an affirmation to that supporter, using the prescribed wording in new Forms 14.3A‑A (oath) and 14.3A‑B (affirmation). The purpose is to place the supporter’s duties and restrictions on the record for the duration of the trial.
Separately, the appendix to the Rules is updated so that jurors who choose to affirm do so collectively rather than individually. This follows changes to the statutory form of affirmation in the Oaths Act 1978, which are referenced in the instrument’s note. Section 6 of the 1978 Act sets the baseline for solemn affirmations; the Rules now align courtroom practice with that framework. (en.wikipedia.org)
Commencement is staged. The provisions on supporter oaths/affirmations take effect when section 64(2) of the 2025 Act is brought into force, while the replacement of the juror affirmation form is tied to commencement of section 63. The Scottish Government has signalled that provisions of the 2025 Act will commence in phases, via separate regulations. Practitioners should therefore await a commencement instrument before applying the new forms in court. (gov.scot)
Analysis: Court staff should plan for an additional step during empanelling whenever a section 88A appointment has been made, ensuring the supporter’s oath or affirmation is administered and minuted. Collective affirmation requires a modest change to swearing‑in choreography where some jurors opt to affirm, but it is likely to shorten the process overall in mixed panels.
For jurors, the reforms are intended to remove a practical barrier to service for people with certain physical disabilities while preserving the secrecy and integrity of deliberations. The Scottish Government’s impact material emphasises that the policy is intentionally broad and future‑proofed, allowing courts to appoint a range of communication supporters as needed. (gov.scot)
Forms and practice materials will reflect the changes. The Scottish Courts and Tribunals Service lists the standard juror oath and affirmation forms within the criminal forms suite; following commencement, practitioners should expect to see the revised Form 14.3‑B and the two new 14.3A forms published alongside existing materials, with companion guidance from the Judicial Institute’s Jury Manual (updated January 2026). (scotcourts.gov.uk)
Next steps: monitor for a commencement SSI bringing sections 63 and 64 of the 2025 Act into force, and for any SCTS notices confirming when High Court and sheriff court solemn trials should begin using the collective affirmation and the supporter oath/affirmation in practice. (parliament.scot)