Legal Matters Scotland
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5th August 2025

A free early morning round up of news for legal professionals across Scotland.
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COURTS
SNP accused of failing to clear court backlogs
Victims of serious crimes in Scotland now face an average wait of 1,032 days for a verdict in the High Court, nearly double the 520 days recorded before the Covid pandemic. The backlog of cases has surged, with scheduled trials rising from 390 to 818 since 2021. Liam Kerr, Scottish Conservative justice spokesman, stated: "These damning figures highlight that the SNP is miserably failing to clear the horrendous backlogs in Scotland's courts." The Scottish Government claims to have invested over £201m in recovery funding to address these delays. The Scottish Police Federation has warned that delays and collapsed trials are placing strain on frontline capacity.


 
THE LAW
Families demand justice for murder victims
The families of murder victims Suzanne Pilley and Arlene Fraser are urging SNP Justice Secretary Angela Constance to expedite the introduction of 'Suzanne's Law'. This would require parole decisions to consider whether killers have withheld information about the location of their victims' remains. The families expressed their anxiety over the situation, stating: "It is imperative that MSPs take into account the strain the families are under." Ms Constance is due to meet both families at their request to discuss the amendment to the Victims, Witnesses and Justice Reform Bill, which is due to face a final vote after the summer recess.
Channel migrant deportations to start soon
The UK will begin deporting Channel migrants under a new treaty with France, announced by Sir Keir Starmer. The agreement allows for the detention and return of migrants arriving on small boats, with an estimated 50 deportations per week expected to rise. By year-end, around 800 migrants will be returned to France. Sir Keir stated: "If you come here illegally on a small boat you will face being sent back to France." The deal includes accepting an equal number of asylum seekers with family ties to the UK, subject to checks.



 
POLICING
SHRC warns on protest policing
The Scottish Human Rights Commission (SHRC) has warned that Police Scotland may have violated human rights laws in its handling of pro-Palestine protests following the UK Government's proscription of Palestine Action as a terror group. In letters to senior legal officials, SHRC chair Professor Angela O’Hagan expressed concern over arrests made under terrorism laws, stressing that peaceful protest and political expression remain protected under the European Convention on Human Rights and urging law enforcement to distinguish between support for a banned organisation and broader political expression.
FINANCE
FLA hits back at FCA's redress scheme
The Finance and Leasing Association (FLA) has criticised the Financial Conduct Authority's (FCA) proposed redress scheme for car finance mis-selling, calling it "completely impractical." Stephen Hadrill, FLA's representative, expressed concern about the scheme covering loans dating back to 2007, stating that both firms and customers may lack necessary documentation. The FCA estimates the scheme could cost the industry between £9bn and £18bn, with individual compensation likely under £950. Hadrill warned that the scheme's costs could lead to fewer car financing options for consumers, saying: "The more expensive lending becomes, the more expensive borrowing becomes."
CASES
Nominal confiscation order for human trafficker
Donglin Zhang, 51, a human trafficker, has agreed to a nominal settlement of £1 in a proceeds of crime action. Zhang was sentenced to eight years in prison in 2022 for her role in a gang exploiting women for prostitution. During a hearing at the High Court in Edinburgh, her counsel Paul Keenan stated that while Zhang benefited £144,373.75 from her criminal conduct, the amount available for confiscation was nil. Judge Douglas Brown noted the degrading nature of the crime, emphasising the victim's loss of autonomy. The Crown may seek further confiscation if assets are discovered later.
PRISONS
Reform UK prisons tsar: Don’t ban trans women from female jails
Reform UK leader Nigel Farage has been forced to distance himself from Vanessa Frake’s claim that some trans women should be held in all-female jails. Farage was accused of putting women at risk after failing to challenge his prison tsar’s comments. Tory leader Kemi Badenoch said Farage had let down "women who’ve been sexually assaulted and terrorised behind bars." A spokesman later said Farage did not share Frake’s view, adding: "An ex-prison governor who is advising Colin Sutton’s task force has a different opinion. That does not constitute party policy." Frake also called for US-style supermax prisons but in addition improved prisoner "rehabilitation" for those willing to change. 
FRAUD
AI fuels identity fraud surge
Cifas has reported a significant rise in identity fraud, with over 118,000 suspected cases recorded from January to June 2025. The Fraudscape report highlights the role of AI in creating synthetic identities that evade security checks. Many individuals are selling their identities for financial gain, risking debts incurred by criminals using their credentials. Cifas CEO Mike Haley stated: "Fraud is a national emergency – and AI has supercharged the threat." The report also noted an increase in employee fraud against employers, including concealed backgrounds and multiple undisclosed jobs.
TAX
Wealthy Brits flee UK amid tax changes
The UK Government's recent non-dom tax reforms are prompting a significant exodus of wealthy individuals, including high-net-worth British nationals. Wealth advisers report a surge in inquiries from affluent Brits seeking relocation to avoid inheritance tax (IHT) liabilities. James Quarmby, a partner at Stephenson Harwood, noted a "large increase in British clients" seeking advice since the changes took effect. The new rules allow individuals to escape UK IHT after ten years abroad. Experts warn that this trend could worsen public finances, with potential losses estimated at £12.2bn if many wealthy individuals leave the UK.
OTHER
SNP majority and constitutional convention will step up indy pressure
SNP depute leader Keith Brown has told the National that a victory for the party at next year's Holyrood elections, along with a constitutional convention to push for Scotland's right to decide its own future, will step up pressure on the UK Government to grant a Section 30 order allowing a second independence referendum. Mr Brown said he understood "cynicism" from those who do not believe Westminster will grant a Section 30 order even in the face of an SNP majority, but said that "if you get the convention campaign right", bringing together civic bodies, businesses, individuals and politicians, "those two things together will mean that Westminster won't have the ability, they've nowhere to hide in relation to this".
 


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