A sharp slice of what matters in Scottish law
Scottish Edition
4th March 2026
 
THE HOT STORY
Lord Advocate attended half of Cabinet meetings
Lord Advocate Dorothy Bain has attended nearly half of all SNP Cabinet meetings since taking up the role five years ago, reigniting debate over her dual position as head of the prosecution service and senior legal adviser to the Scottish Government. Critics argue her regular presence risks conflicts of interest, particularly after she shared details of the criminal case against former SNP CEO Peter Murrell with ministers before the information was public. The Scottish Government insists Bain operates independently, attending Cabinet only to provide legal advice, but opposition parties continue to call for a split of the role to safeguard impartiality. Meanwhile, Scottish Conservative leader Russell Findlay has continued to criticise Bain for informing the First Minister about the dropped investigation into Nicola Sturgeon before Sturgeon was told, calling the situation "untenable" and likening Scotland to a "banana republic."

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PRISONS
Scotland's prison population set to soar
Scotland's prison population is projected to rise significantly by July, potentially reaching between 8,200 and 8,800 inmates. As of February 27, the population was 8,310, down from a peak of 8,441 in November. The Scottish Government's report indicates that without the emergency early release (EER) scheme, the population would be 180 to 200 higher. Justice Secretary Angela Constance said: "Scotland is not alone in facing challenges from a rising and increasingly complex prison population." She added: "We are taking a number of actions to tackle this, including maximising the estate with additional capital funding put in place, increasing investment in community justice, and making greater use of home detention curfew."


 
SENTENCING
New rape sentencing guidelines unveiled
New sentencing guidelines for rape in Scotland mandate a minimum five-year prison term, increasing to seven years for offences against young children. The Scottish Sentencing Council developed these guidelines after extensive research and public consultation. Approved by the High Court, they provide judges with sentencing ranges from five to 13 years for rape and seven to 14 years for child rape. Lord Beckett, Chair of the Council, noted: "These guidelines will greatly assist judges in determining appropriate and consistent sentences." Rape Crisis Scotland's Alev Taylor emphasised the importance of justice for survivors.

 
STV
INDUSTRY
Money laundering controls in professional services ‘perform poorly’, says UK watchdog
The Financial Conduct Authority has warned that the supervision of anti-money laundering controls at professional services organisations could be improved and urged bodies supervising the firms to fix the problems.
Legal sector leads on leadership diversify
Analysis by Lubbock Fine suggests that the accountancy sector has fallen behind the legal profession when it comes to diversity across its leadership. The report shows that across 220 accountancy firms analysed, 50% had at least one woman at the board or partnership level, compared with 71% in the 258 law firms analysed. Data from the Solicitors Regulatory Authority shows that 32% of full-equity partners at regulated law firms across England and Wales are women, despite women making up 53% of the workforce.
POLICING
Police overwhelmed by mental health calls
Jo Farrell, Chief Constable of Police Scotland, has said that officers are increasingly responding to mental health incidents rather than focusing on crime. She emphasised that mental health is "not a justice issue" and called for a shift in priorities. Currently, around 80% of police callouts involve no criminality, with officers attending nearly 700 mental health-related incidents daily. Scottish Labour's justice spokesperson, Pauline McNeill, highlighted the crisis in mental health services, stating that police are overburdened and unable to provide adequate support. Justice Secretary Angela Constance acknowledged the issue and noted ongoing efforts to improve mental health response systems.
THE LAW
Cost of assisted dying remains unclear
Health Secretary Neil Gray has acknowledged uncertainties regarding the financial implications of the proposed Assisted Dying for Terminally Ill Adults (Scotland) Bill. He stated it is challenging to estimate costs without a clear delivery model. Conservative MSP Edward Mountain raised concerns that implementation could cost "tens of millions of pounds" and questioned which NHS services might be affected. In contrast, Liberal Democrat MSP Liam McArthur cited evidence from other countries suggesting no service cuts occur with assisted dying legislation. Gray emphasised that the Scottish Government remains neutral, noting: "Ultimately this is a conscience decision for MSPs to take."

 
STV
CASES
Family's 'torturous' fight for answers after prison death
Allan Marshall, 30, died in 2015 at HMP Edinburgh after being restrained face down by up to 17 prison officers, in what the Scottish Prison Service (SPS) later admitted was an unlawful death. His aunt has described the decade-long struggle for answers and justice as "torture," with the family now seeking £100,000 in damages in Scotland's first case under Article 2 of the Human Rights Act. The Court of Session in Edinburgh heard that excessive force was used despite Marshall's mental health crisis and underlying heart condition, and all relevant authorities have since issued apologies. Kenneth McBrearty KC, representing the family, said they were seeking £100,000 from SPS as a "just and equitable" sum.
ECONOMY
OBR cuts growth forecast
Chancellor Rachel Reeves has presented her Spring Statement, revealing that the Office for Budget Responsibility (OBR) has revised the UK's GDP growth forecast for 2026 down to 1.1%, from a previous projection of 1.4%. Despite this, economic growth projections for 2027 and 2028 have been lifted to 1.6% for each year. The OBR also adjusted its inflation forecast to 2.3% for 2026, down from 2.5%, but said the outlook would be "particularly uncertain" following spikes in gas and oil prices due to events in the Middle East. Ms Reeves also told MPs that the unemployment rate is "set to peak later this year," with the OBR saying it is on track to hit 5.33% in 2026 before falling 4.9% in 2027 and 4.4% in 2028. Office for National Statistics data shows that unemployment lifted to a five-year-high of 5.2% in the three months to December. Ms Reeves said her fiscal decisions are "starting to pay off," adding: "Borrowing is down, living standards are up, and the economy is growing."
OTHER
Right to roam restriction approved for Center Parcs
Scottish Borders Council (SBC) has approved a by-law restricting the right to roam on the site of Scotland's first Center Parcs near Hawick. SBC leader Euan Jardine stated the decision was "warmly welcomed," highlighting the economic benefits and job creation expected from the project. However, concerns were raised by Ramblers Scotland and ScotWays about the potential negative impact on outdoor access rights. Despite these objections, SBC deemed the development an "exceptional case," with the by-law set to take effect in April. It is hoped the park will open by 2029 and create around 1,200 permanent jobs.

 

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