The High Court of Justiciary has approved a narrow technical change to criminal procedure with effect from 21 February 2026. The Act of Adjournal updates how courts handle immediate notification of interim reporting‑restriction orders at the point a jury is sworn, and revises the standard notice given to offenders subject to Sex Offender Notification Requirements (SONR).
Under Chapter 56 of the Criminal Procedure Rules 1996, “interested persons” (typically accredited media on a list kept by the Lord Justice General) must be sent a copy of any interim reporting‑restriction order and the court must set out why a final order is being considered. The 2026 instrument inserts a carve‑out: if an interim order is made after the jury is balloted and it lasts only until the oath or affirmation, the duties to copy the order to interested persons and to include provisional reasons do not apply. This change operates solely during that short pre‑swearing interval. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513/schedule/2/part/VII/chapter/56?utm_source=openai))
Chapter 56 was last overhauled in 2020 to require that where a judge is considering a reporting restriction, an interim order is made first. The new carve‑out sits on top of that framework, preserving the interim‑first approach while removing the immediate copying and reasoning requirements for ultra‑short orders that expire once jurors are sworn. ([legislation.gov.uk](https://www.legislation.gov.uk/ssi/2020/27/made?utm_source=openai))
In practical terms, clerks of court will not send interim orders made in this narrow window to the interested‑person list, and those orders need not recite the court’s provisional reasons. Once the jury has taken the oath or affirmation, the exemption falls away; any order that continues beyond that point engages the usual notification and representation procedures under Rule 56.2–56.3. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/1996/513/schedule/2/part/VII/chapter/56?utm_source=openai))
Separately, the appendix is amended so that Form 20.3A‑B-the notice given to individuals who become subject to SONR under Part 2 of the Sexual Offences Act 2003-now expressly requires notification to police where the person has made an application for a gender recognition certificate (GRC) which is not yet determined, or has obtained a full GRC issued on or after the relevant date. The form‑level change aligns the court’s standard notice with forthcoming regulatory duties. ([scotcourts.gov.uk](https://www.scotcourts.gov.uk/rules-and-practice/forms/criminal-procedure-forms/forms-2001-to-2999?utm_source=openai))
The regulatory basis for those duties is the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Amendment Regulations 2025. The Scottish Parliament’s Criminal Justice Committee recommended approval of the draft in November 2025, which would add GRC application and certification to the information/events that registered sex offenders must notify under the 2003 Act framework. ([digitalpublications.parliament.scot](https://digitalpublications.parliament.scot/Committees/Report/CJ/2025/11/27/f8241905-2245-4a78-846c-5efec68e9f47))
SONR obligations already include prompt in‑person notification of core identity details and changes, periodic confirmation, and advance notice of foreign travel. Failure to comply remains a criminal offence; Police Scotland guidance notes that breaches can attract penalties up to five years’ imprisonment on indictment. The updated Form 20.3A‑B ensures these GRC‑related duties are communicated at the point of registration. ([gov.uk](https://www.gov.uk/government/publications/guidance-on-part-2-of-the-sexual-offences-act-2003/guidance-on-part-2-of-the-sexual-offences-act-2003-accessible-version?utm_source=openai))
For practitioners, the immediate actions are straightforward. Court administrators should update local checklists for reporting restrictions at the swearing‑in stage; Crown and defence teams should assume no media intimation for interim orders that expire at oath and plan applications accordingly; and police/SCTS should deploy the revised Form 20.3A‑B so registrants are clearly advised of the new GRC notification requirements. ([scotcourts.gov.uk](https://www.scotcourts.gov.uk/rules-and-practice/forms/criminal-procedure-forms/forms-2001-to-2999?utm_source=openai))