Legal Matters Scotland
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27th March 2025

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Starmer calls for Lord Advocate reform
Prime Minister Keir Starmer has urged John Swinney to reform the role of the Lord Advocate following Operation Branchform and the decision not to charge Nicola Sturgeon. Starmer said: "This is a really important issue. Labour in Scotland have been really clear they would separate the roles, that is the right thing to do." Starmer highlighted concerns over potential conflicts of interest, as the current system allows the head of the prosecution service to also be a Cabinet member. He noted that calls for reform have been ongoing since 2021, yet the SNP has not acted. The Crown Office clarified that the Lord Advocate had distanced themselves from the decision not to charge Sturgeon and former SNP treasurer Colin Beattie, who were both involved in a police investigation. Meanwhile, Peter Murrell, the former SNP chief executive, has been charged with alleged embezzlement.


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THE LAW
Assisted dying would be implemented in 'safe and practicable' way, says PM
Sir Keir Starmer says the assisted dying bill would be implemented "in a way that is safe and practicable" if passed into law. This came after Kim Leadbeater, the Labour MP behind the Bill, has proposed a delay, extending its implementation period from two to four years, insisting that she did so "with some reluctance." Campaigners argue that the delay is unreasonable. The bill aims to establish a voluntary assisted dying service, but concerns have been raised about the removal of High Court safeguards. Ms Leadbeater insists the amended bill is "safer, fairer, and more workable." Meanwhile, MPs opposed to assisted dying have called the bill "irredeemably flawed and not fit to become law." Meg Hillier, one of six Labour MPs who have spoken out, said "significant new risks" emerged during the scrutiny process of the bill.
New legislation targets dog theft
The Dog Theft (Scotland) Bill, proposed by Scottish Conservative MSP Maurice Golden, aims to establish dog theft as a standalone offence, carrying a potential prison sentence of up to five years. However, Chief Inspector Michael Booker from Police Scotland expressed doubts about its deterrent effect, stating: "I don't believe it would deter people." He noted that many cases involve domestic disputes over ownership, which would persist regardless of the legislation. Dr Paula Boyden from Dogs Trust echoed this sentiment, suggesting that while it may not deter serious crime, it would underscore the seriousness of dog theft. Stuart Munro from the Law Society of Scotland highlighted the need for resources to support investigations and prosecutions, emphasising that the bill could lead to better data collection on dog theft incidents. The financial memorandum estimates the bill's first-year costs between £150,488 and £190,291.
Outdoor Education Bill could transform lives
New legislation proposed by Conservative MSP Liz Smith aims to ensure that every school pupil in Scotland can experience five days of residential outdoor education. Ahead of a Holyrood debate on the Schools (Residential Outdoor Education) (Scotland) Bill, Ms Smith emphasised that such opportunities should be available to all children, "not just those whose parents can afford to pay for it." The Scottish Parliament's Education, Children and Young People Committee has estimated the cost of implementing the Bill could range from £24.3m to £40.6m, raising concerns about funding and accessibility for pupils with additional support needs. Ms Smith believes the Bill could be "transformative for young people," stating that outdoor education can enhance mental health, life skills, and teamwork, which are crucial in addressing post-Covid challenges in Scottish education.


 
TECHNOLOGY
AI threatens future of lawyers
The legal profession faces significant disruption due to the rise of artificial general intelligence (AGI), which is expected to match human cognitive abilities by 2035. Richard Susskind, author of How to Think about AI, notes that "the market is driving this tech rampage," with substantial investments and advancements in AI technology. While some lawyers believe AGI is implausible, others acknowledge its rapid development, particularly in tasks like document drafting and legal research. As clients increasingly seek efficient outcomes, traditional legal roles may diminish, with AGI systems potentially handling complex tasks such as negotiation and dispute resolution. The future of law may require lawyers to adapt or risk obsolescence in a world dominated by AI.
POLICING
Police Scotland launches body worn video initiative
Police Scotland has commenced the national rollout of body worn video cameras, starting with 750 officers in Tayside. Over the next 18 months, more than 10,500 Home Office approved Motorola Solutions VB400 cameras will be distributed to frontline officers and police custody staff across the country. Chief Constable Jo Farrell said: "Body worn video can significantly enhance public confidence and support officer and public safety." The initiative aims to improve public trust, reduce complaints, and enhance the quality of evidence in court, ultimately leading to faster justice for victims. The rollout is part of a £33m Scottish Government initiative to improve digital evidence sharing in the criminal justice system.
SOCIAL
Ministers hope to mitigate impact of welfare funding cuts
Finance Secretary Shona Robison has said the Scottish Government will "do everything within our power" to avoid "pushing vulnerable people into poverty" following Chancellor Rachel Reeves' Spring Statement, with Ms Reeves' plans to cut funding for the Personal Independence Payment (PIP) set to impact funding for Scotland's devolved benefit, the Adult Disability Payment (ADP). The Times notes expert estimates that the Chancellor's reforms will see Holyrood receive £177m less in 2027/28, rising to £455m by 2029/30. Ms Robison has said she may "turbo charge" plans to deliver public sector efficiency savings, potentially including a recruitment freeze, introducing more shared services between different organisations, and bringing down administration costs.
FIRMS
Scullion Law shines at Home-Start UK Volunteer Awards
Scullion Law has been nominated for the Home-Start UK Volunteer Awards in the Corporate Volunteer category, recognising its commitment to Home-Start Glasgow North and North Lanarkshire (HSGNNL). The Family Law Team has raised £3,259 since 2021 through its initiative of donating £1 from every Fee Note and has actively participated in fundraising events like the Glasgow Kiltwalk. Judith Higson, Head of Family Law at Scullion Law, stated: "We're honoured to be shortlisted for the Corporate Volunteer Award from Home-Start UK." The firm has also provided pro bono legal advice and enhanced the charity's garden space, creating a welcoming environment for families.
ENVIRONMENT
Councils and charities call for action on cars idling outside schools
Senior councillors at four of Scotland's biggest local authorities have joined environmental charities, health professionals, and parent and teacher groups in urging Transport Secretary Fiona Hyslop calling for new laws to allow councils to crack down on idling cars outside schools. While idling is technically illegal, Glasgow City Council transport convener Cllr Angus Millar says enforcement "can currently only take place in very limited circumstances, and in the very few cases where penalties are issued these are at a historically low level set decades ago".
REGULATION
CMA complaints up by almost a quarter
Complaints to the Competition and Markets Authority (CMA) were up by 23% - from 4,728 to 5,823 - in the year to March 30, 2024. Research commissioned by law firm Pinsent Masons shows that veterinary services were the subject of the most complaints, with 424. Supermarkets were second, with 316, followed by digital markets (281), property management (247), and digital entertainment (229). Life insurance saw the biggest increase in complaints, with a 475% spike. The research comes ahead of the CMA being granted new consumer law enforcement powers that will enable it to hand out substantial fines, including the potential for individuals to be fined up to £300,000. Pinsent Masons partner Angelique Bret said the scale of potential fines "has been chosen to make complying with consumer protection law a boardroom issue."
SFO lawyers face serious risks
Lawyers at the Serious Fraud Office, reportedly among the most at risk in the UK's legal profession, are often issued with stab vests for protection. A source highlights that these solicitors and barristers participate in dawn raid teams, putting them in potentially dangerous situations.
ECONOMY
Scottish economy outperforming the UK
Deputy First Minister Kate Forbes has welcomed new Scottish Government data showing that Scotland's economy outperformed the wider UK economy in January, with onshore GDP up 0.3% month-on-month against an overall 0.1% decline in overall UK GDP. Scotland's economic improvement was driven by an estimated 0.5% growth in the services sector, while production contracted by 1% and construction contracted by 0.2%. Ms Forbes said the figures were evidence of a "strong start to the year for the Scottish economy, particularly in the context of global economic uncertainty", and urged the UK Government to "provide swift clarity on how today's Spring Statement, including its profoundly concerning planned cuts to welfare, will impact Scotland's economy and Budget".
AND FINALLY...
Alba Party elects new leader
Kenny MacAskill has been elected as the leader of the Alba Party, securing the backing of 1,331 (52.3%) of the party's members, narrowly beating rival candidate Ash Regan, who received 1,212 votes (47.7%). Members also backed Neale Hanvey to succeed Mr MacAskill as depute leader over the party's former general secretary Chris McEleny by a margin of 77.8% to 22.2% amid an ongoing dispute between Mr McEleny and Mr MacAskill over the future of the party.
 


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