Legal Matters Scotland
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26th June 2025

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Lord Advocate defends child rape policy
Lord Advocate Dorothy Bain has defended the presumption against prosecuting children accused of rape, stating it aims to balance support for vulnerable youths with community safety. During a session with Holyrood's public petitions committee, she acknowledged concerns that the policy may be "out of kilter with public opinion." Bain emphasised that while the presumption is for all children, it is rebuttable when public interest demands prosecution. She stated: "The more serious the offence, the more likely it is that the offence is prosecuted in court." The discussion follows a campaign urging that under-16s charged with rape be treated as adults in the justice system. Bain reiterated that serious sexual offences are treated with utmost seriousness by the Crown Office and Procurator Fiscal Service.


 
THE LAW
New rules for cosmetic procedures
The Scottish Government is set to introduce new regulations for injectable cosmetic procedures, including dermal fillers and Botox, requiring supervision by qualified healthcare professionals. Public health minister Jenni Minto said: "It is deeply upsetting to hear of cases where people have suffered as a result of non-surgical cosmetic procedures going wrong." The proposed Bill aims to address safety concerns in the non-surgical cosmetic industry, which is currently unregulated, allowing anyone to perform these procedures without formal training. The regulations will establish a minimum age of 18 for all procedures and classify treatments into three groups, with the latter two requiring a regulated setting by Healthcare Improvement Scotland.
Alba plans to ban sex purchase
Alba's Ash Regan has presented a bill to the Criminal Justice Committee aimed at criminalising the purchase of sex in Scotland. Regan warned that without such measures, Scotland risks becoming a "pimp nation." She stated: "Prostitution is not a theoretical debate. It is happening right now - in our cities, towns, and communities—to real women, many of whom are poor, addicted, traumatised, or displaced." The proposed legislation would impose fines of up to £10,000 and six-month jail sentences for sex buyers, while decriminalising the selling of sex. This follows allegations from a former prostitute claiming that current MSPs have purchased sex from her. Scottish Labour leader Anas Sarwar has called for an investigation into these "horrifying" claims.
Starmer defends assisted dying funding
Sir Keir Starmer has responded to concerns regarding the funding of assisted dying, asserting that he is "confident we've done [the] preparation" necessary for the new law. Health Secretary Wes Streeting expressed worries about the lack of budget for the service, stating that "setting up this service will take time and money that is in short supply." The recent approval of the Terminally Ill Adults (End of Life) Bill allows assisted dying for terminally ill adults with fewer than six months to live. Doctors have called for face-to-face reviews with specialists to prevent coercion, highlighting the need for adequate palliative care resources. A survey revealed that 61% of adults support the assisted dying bill, despite concerns about palliative care quality.



 
SOLICITOR VACANCY


 
POLICING
Police Scotland updates search protocols
Police Scotland has introduced interim guidance mandating that searches involving the removal of more than outerwear must be conducted based on a person's biological sex. This decision follows a landmark UK Supreme Court ruling clarifying that terms like 'man' and 'woman' in the Equality Act 2010 refer to a person's sex at birth. Assistant Chief Constable Catriona Paton stated: "This is a complex and important area of policing," highlighting the need to balance legal obligations with respect for personal dignity. The guidance allows for transgender individuals to request searches by officers matching their lived gender, provided written consent is obtained. Police Scotland is committed to ensuring compliance with the Equality Act and the Human Rights Act while reviewing its operational procedures.
CASES
Fraudster jailed for tea deception
Thomas Robinson, a 55-year-old from Dunkeld, Perthshire, has been sentenced to three and a half years in prison for defrauding luxury hotels and genuine Scottish tea growers. Operating under the guise of The Wee Tea Plantation, he misled clients by claiming to sell premium, locally grown tea plants while actually importing them from Italy. His fraudulent activities, which spanned from January 2014 to February 2019, resulted in losses of approximately £550,000. Helen Nisbet, Procurator Fiscal for Tayside, Central and Fife, stated: "Fraud is not a victimless crime," highlighting the financial and reputational damage caused by Robinson's deceit. Following a thorough investigation by Food Standards Scotland, Robinson will also face confiscation proceedings under Proceeds of Crime legislation.
Inquiry exposes decades of abuse at school
An inquiry into Merchiston Castle School in Edinburgh has revealed that child abusers were "protected by tradition" for 60 years, with abuse becoming "normalised for generations of boys." The Scottish Child Abuse Inquiry (SCAI), led by Lady Smith, found that eight teachers, including prolific abusers James Rainy Brown and Mervyn Preston, engaged in various forms of abuse from the 1950s to the early 21st century. The report highlighted that "their longstanding service and positions of power in boarding houses rendered them virtually untouchable." The inquiry was part of a £95m investigation into child abuse in Scotland.
SOCIAL
First Minister apologises for Tinker Experiments
First Minister John Swinney has made a statement at Holyrood to apologise for previous Governments' past treatment of Gypsy Travellers, including the so-called "Tinker Experiments" which forced Travellers into permanent settlements under threat of having their children removed and taken into care. Mr Swinney said it "falls to this Government to state without ambiguity that what happened to Gypsy Traveller communities was unacceptable", and that it is "clear to the Government that stark prejudice and lack of cultural awareness led to a series of unfair and unjust policies". "The Tinker Experiments should not have happened", he said, "Those policies were wrong and we recognise it is still hurting so many today. On behalf of Scotland, we are sorry." 
HOUSING
Scotland's housing crisis worsens
David J Alexander, CEO of DJ Alexander Scotland Ltd, writes in the Scotsman that the latest quarterly housing statistics in Scotland reveal a troubling trend. He notes that newbuild starts across all sectors have declined significantly, with an 11.2% drop overall, including a 21.3% decrease in affordable housing supply. Alexander says the data highlights a pressing need for urgent action to address the crisis, as waiting lists grow and house prices soar. He calls for immediate coordination among stakeholders to create a housing market that meets Scotland's needs. Alexander adds that without prompt intervention, the housing emergency is likely to worsen, impacting countless individuals and families.
TAX
Aberdeenshire survey seeks views on visitor levy
Aberdeenshire Council has launched a three-week survey to seek public input on proposals for a visitor levy on tourist accommodation, ahead of a "more detailed consultation process" later in the year. The initial survey asks residents and businesses for their views on a suitable rate for any future levy, which times of year it should apply, and how any money raised should be used. Cllr Alan Turner said it is "essential that we fully understand both the impact and the opportunities that a visitor levy may bring and that is why our initial engagement with the sector and our communities is so important".
IHT changes spark concern
Recent changes to inheritance tax (IHT) announced by Chancellor Rachel Reeves have raised significant concerns among legal professionals and the farming community. A survey by Brodies revealed that only 26% of respondents fully understand the implications of the reforms, which will limit relief on business and agricultural property from April 2026 and include unspent pensions in IHT from 2027. Mark Stewart, a partner at Brodies, commented: "These reforms fundamentally shift the taxation landscape for estates, businesses, and trusts." The survey also highlighted that 28% of participants worry about equitable distribution of assets, while 23% fear conflicts arising from wealth transfer. Brodies emphasised the urgent need for proactive dialogue between clients and advisers to avoid potential disputes and ensure effective estate planning.
TECHNOLOGY
Data may have been stolen in council cyber-attack
Glasgow City Council has confirmed that it has been impacted by a cyber-attack, with a number of council services taken offline and an investigation underway to confirm whether customer data has been stolen. Services impacted include tools for reporting school absences and paying penalty charges - with the latter also affecting North Lanarkshire Council, whose fines are processed by the city council. The council said it is "operating on the presumption that customer data related to the currently unavailable web forms may have been exfiltrated", and that Police Scotland, the Scottish Cyber Coordination Centre, and the National Cyber Security Centre have launched a joint investigation.
REGULATION
Political environment shifts against CMA
The Competition and Markets Authority (CMA) has proposed new measures to regulate Google's search business, aiming to designate the tech giant with "strategic market status." This designation would allow the CMA to impose conditions on Google, such as altering search result rankings and providing users with more options. However, the CMA faces challenges due to a political shift favouring big tech investment, which may limit its enthusiasm for taking a hardline approach. That said, Tom Smith, a competition lawyer at Geradin Partners and a former CMA legal director, argues that the regulator is still implementing the UK’s competition regime properly, pointing out that the US Department of Justice had proposed measures that could lead to a breakup of Google.
WESTMINSTER
Tories vow to scrap Labour's workers' rights Bill
The Conservatives have committed to abolishing Labour's workers' rights Bill if they regain power. Kemi Badenoch's party argues that Angela Rayner's proposed reforms would "grind our economy to a halt" and disrupt the employment tribunal system by encouraging frivolous claims. The Deputy Prime Minister's plans include allowing staff to take employers to tribunal for unfair dismissal from day one and reducing controls on strike ballots. Andrew Griffith, the shadow business secretary, will highlight the potential for trade unions to gain excessive power, stating that the Bill would "hand enormous power to trade unions who grind our economy to a halt." He also plans to establish a Backing Business Advisory Board to shape future Conservative policies, stressing the need for business experience in leadership roles.
 


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