Legal Matters Scotland
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18th August 2025

A free early morning round up of news for legal professionals across Scotland.
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THE LAW
Scottish Government faces legal challenge on gender
For Women Scotland is pursuing further legal action against the Scottish Government over policies it claims violate a recent UK Supreme Court ruling on gender definitions. The group argues that current guidance on transgender pupils in schools and transgender people in custody remain in place and are inconsistent with the court's April 2025 decision, which defined "woman" and "sex" as referring to biological sex. Guidance also allows biological boys to compete against girls in school sports if they say they identify as female. For Women Scotland have filed a case in the Court of Session to quash these policies. The Scottish Government declined to comment on ongoing court proceedings. Separately the National Library of Scotland (NLS) has been warned it faces legal action after removing a gender-critical book from a major exhibition commemorating its centenary. Maya Forstater, the chief executive of the charity Sex Matters, argued that the decision represented unlawful discrimination and harassment under the Equality Act 2010, which protects gender-critical beliefs.


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INDUSTRY
Examination of facts hearings surge
The use of 'examination of facts' hearings in Scotland, where accused individuals deemed medically unfit to stand trial have their cases heard without risk of conviction, has nearly tripled in four years, rising from 37 in 2021/22 to 90 in 2024/25. Campaigners and lawyers warn that the system is leaving victims traumatised while offenders face no punishment, are not jailed, and often avoid even being placed on the sex offenders register. The recent case of former teacher John Young, found to have abused pupils for nearly three decades but spared trial or sanction due to ill health, has heightened concerns. Critics argue that the sharp rise in such hearings undermines trust in justice, with calls for a review to ensure survivors' voices are heard without compromising accountability.



 
PRISONS
Prison rule breaches soar to 100k
Prison rule breaches in Scotland have surged, with nearly 100,000 incidents reported since January 2022. The Scottish Conservatives revealed that breaches rose from 6,017 in 2022 to 6,659 in 2023, peaking at 6,904 in 2024. In the first seven months of 2025 alone, 4,556 breaches occurred. Liam Kerr, Scottish Conservative justice spokesman, stated: "No inmate who is found breaking prison rules should be considered for early release." The Scottish Government acknowledged the challenges posed by a rising and complex prison population, stating that rule breaches are factored into release decisions.
CASES
Alex Salmond's widow continues action against Scottish Government
Moira Salmond, widow of former first minister Alex Salmond, is pressing ahead with his legal case against the Scottish Government over its handling of harassment claims, appointing a full legal team to pursue the action. Reports suggest Nicola Sturgeon's recent memoir, which dismisses Salmond's claims of a conspiracy and criticises his behaviour, has strengthened her resolve to defend his reputation. A family friend said she is determined to ensure "the full truth comes out" following Salmond's death last year.
Chief Superintendent to stand trial for allegedly assaulting wife
Police Scotland's Chief Superintendent, Pat Campbell, is facing trial for allegedly assaulting his wife. Campbell, who has served for three decades, is accused of pinning the woman to a bed and repeatedly punching her at a home in Plains, Lanarkshire. Prosecutors claim he threatened suicide when she called emergency services and demanded she withdraw her report against him. Campbell was suspended when the allegations were made and is due to stand trial in October.
Edinburgh gang sentenced to 101 years in prison
A criminal gang in Edinburgh has been sentenced to 101 years in prison for a series of brutal attacks. The sentencing at the High Court in Glasgow was a result of a lengthy trial that revealed a campaign of violence, including a machete attack that left a man's hand "literally hanging off" and the torching of prison officers' cars. Michael Heeps, a known associate of crime boss Mark Richardson, received the longest sentence, 23 years.
DATA PRIVACY
Primary pupils added to explicit WhatsApp group
Midlothian primary pupils, some as young as ten, have been allegedly asked to send "nude photos" after being added to a WhatsApp group. More than 80 children were reportedly added to the group and encouraged to add their peers. In an email to parents, the head teacher of Paradykes Primary described the messages as "highly inappropriate" with some "referring explicitly to body parts." Midlothian Council conducted an investigation and confirmed the group did not affect devices issued by the local authority. A Police Scotland spokesperson said: "We are aware of reports of children from a primary school in Midlothian being added to an inappropriate group on a messaging app. Enquiries are at an early stage."
Council censured after school bullying 'whitewash' claim
East Dunbartonshire Council has been censured by the Information Commissioner's Office after it was found to have backdated records of a bullying incident, breaching data protection laws. The council had previously denied altering the records but later admitted modifications were made weeks after the event, despite earlier assurances. The controversy involves the nationwide Seemis IT system, used to log pupil data and track bullying, with concerns that records may be under-reported or altered. Campaigners have called for stricter safeguards to ensure school records are accurate.
EMPLOYMENT
Is employee surveillance crossing the line?
PwC's recent launch of a "traffic light system" for tracking employee attendance has reignited discussions about workplace surveillance. The system categorises staff as "amber" or "red" based on their office attendance, potentially leading to sanctions. HSBC is also enhancing its surveillance with more cameras and biometric access due to theft incidents. Professor Phoebe Moore from the University of Essex noted a rise in such technologies, stating: "The rise during Covid was just to make sure people were working. Now it's to find out where they're working." The Information Commissioner's Office is increasing enforcement against unlawful surveillance practices, having last year ordered Serco Leisure, a chain of gyms, to stop using facial recognition technology and fingerprint scanning after it found the biometric data of more than 2,000 employees had been unlawfully processed to check on their attendance.
CORPORATE
Meta slammed for AI harms to children
US lawmakers have launched an investigation into Meta after reports showed AI chatbots on Facebook were engaging children in romantic or sexual conversations. An internal Meta policy document reveals the social media company’s guidelines for its chatbots allowed for this sort of interaction with children, as well as generating false medical information and backing assertions that black people are "dumber than white people". According to an internal policy document seen by Reuters, titled "GenAI: Content Risk Standards", the controversial rules for chatbots were approved by Meta’s legal, public policy and engineering staff, including its chief ethicist.
HOUSING
Scottish Government urged to act on RAAC
Campaigners are pressing the Scottish Government for support regarding homes built with Reinforced Autoclaved Aerated Concrete (RAAC). Housing Secretary Mairi McAllan has agreed to meet with the UK RAAC Campaign Group to discuss the crisis. Wilson Chowdhry, chair of the group, expressed relief at the meeting but frustration over delays. He commented: "Families have been living in financial and emotional freefall for months." The Scottish Government has acknowledged the issue and is working with local authorities to address RAAC concerns, while campaigners call for a national compensation fund and public inquiry.
FRAUD
Fraud crisis: A national security threat
The Royal United Services Institute (Rusi) warns that bank fraud and money mules in Britain represent a national security threat. Their report highlights how criminals exploit weak crime controls to launder money through unsuspecting individuals, often targeting vulnerable groups like students. Many mules are unaware they are involved in illegal activities, lured by promises of easy cash. Rusi's research shows that over half of funds in mule accounts are transferred within an hour, complicating law enforcement efforts.
 


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