Humanist Win! New jury rules protect privacy of non-religious

March 30, 2026

Jurors who choose to make a secular affirmation will now be treated fairly under new legislation passed in Scotland. Previous rules for oaths and affirmations undermined free choice and failed to protect the privacy of non-religious jury members. The changes agreed by MSPs come as a result of campaigning by Humanist Society Scotland.

In Scotland, jury members must make a solemn declaration that they will act impartially and with integrity in their role. Jurors have the option of taking a religious oath or making a secular affirmation.

Oath: “Do you swear by Almighty God that I will well and truly try the accused and give a true verdict according to the evidence?”

Affirmation: “Do you solemnly, sincerely and truly declare and affirm that you will well and truly try the accused and give a true verdict according to the evidence?”

Affirmation not a genuine free choice

Up until recently, the legal process for oaths and affirmations was different. Jury members choosing to swear the religious oath did so as a group. For jurors opting for the secular alternative, the law required them to affirm individually and name themselves to the court.

In practice, this meant that jurors were treated differently according to their personal beliefs. The law presented the religious oath as the default, and affirmations the exception. The 2022 Census found that 51% of people in Scotland have no religion.

The requirement to stand up in front of a court and tell everyone who you are is a daunting prospect. We argued that this discouraged non-religious jurors from acting in line with their beliefs, as taking the oath would be seen by many as the easier option. The fact that affirming jurors had to waive their anonymity to the court meant that it wasn’t a genuine free choice.

Unfair rules scrapped by MSPs

We highlighted the unfair treatment of non-religious jury members to the Scottish Courts and Tribunal Service in 2023. In response, the Scottish Parliament passed an amendment to the Oaths Act 1978 to scrap the separate rules for oaths and affirmations. The changes were agreed as part of the wide-ranging Victims, Witnesses and Justice Reform (Scotland) Bill.

Jurors can now make an affirmation collectively and without declaring their name to the court. This is in line with current procedure for the religious oath. Explaining the Scottish Government’s rationale, Justice Secretary Angela Constance MSP said:

“Humanist Society Scotland has raised concerns that the differences in wording mean that jurors who choose to affirm are treated differently from those who take the oath. Jurors should be able to expect to be treated with consistency and parity in front of the court, regardless of their religious or non-religious beliefs. The amendment will create that consistency for all jurors.”

Our Policy and Campaigns Officer, Joe Higgins, said:

“Humanist Society Scotland is delighted that non-religious jury members now have the same right to privacy as their religious counterparts. The choice between the oath and affirmation should be a genuinely free one. With these important changes, we hope that all jurors feel supported and empowered to act in line with their beliefs.”

Support our campaign work, make a donation today

Our campaign work is funded by the generous support of our members and supporters. Support our campaign work and help to create a fairer Scotland and world.

Find out more

Donate now

Cartoon showing a person dropping a coin into a collection box.

Join us!

Your membership will help to fund our campaign work to make Scotland a more secular, rational, and socially just country, and to ensure everyone in Scotland has access to humanist ceremonies to mark important life events.

Find out more

Join now