A sharp slice of what matters in Scottish law
Scottish Edition
28th January 2026
 
THE HOT STORY
Scotland's prison release scheme falters
Scotland's early release programme has freed 286 inmates since November, but the prison population has only decreased by 68, remaining above the 7,805 design capacity. Justice Secretary Angela Constance acknowledged the overcrowding challenges but said the emergency early release scheme in place had "stringent safeguards to protect public safety." The scheme targets inmates serving less than four years and within 180 days of release. However, the Scottish Prison Service warns that the current measures are insufficient for long-term relief. Future releases are planned, but governors can veto cases if they deem a prisoner poses a risk.

 
PRISONS
GEOAmey loses prisoner transport contract
GEOAmey will lose its prisoner transport contract with the Scottish Prison Service due to a series of failings, including the escape of rapist Aaron Strachan. Strachan, 21, escaped while at Edinburgh High Court for sentencing. The new contract, awarded to Mitie, will start on January 27, 2027, and is valued at £415m. Scottish Prison Service chief executive Teresa Medhurst stated: "It is important that, working together, we deliver a prisoner escort contract that meets the needs of those in our care." GEOAmey opted not to bid for the new contract, citing concerns over the risk/reward profile.
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THE LAW
Expert warns prostitution laws fuel violence
Dr Claire Methven O'Brien from the University of Dundee has warned that Scotland's prostitution laws may encourage gender-based violence against women. Her legal opinion, commissioned by MSP Ash Regan, critiques the current framework, which criminalises soliciting but not paying for sex. O'Brien cites the UN Convention on the Elimination of All Forms of Discrimination Against Women, stating that existing laws breach international obligations. She supports the Nordic model, which criminalises buying sex while decriminalising selling it. Regan's proposed bill aims to address these issues, but opposition remains strong from various groups.
Pornhub blocks new UK users
Pornhub will restrict access in the UK starting 2 February, allowing only existing account holders to view content. The company cites the "failure" of the Online Safety Act (OSA) to effectively enforce age verification as a reason for the decision. Alex Kekesi, head of community and brand at Pornhub's parent company Aylo, described the move as "difficult," adding: "Our sites, which host legal and regulated porn, will no longer be available in the UK to new users, but thousands of irresponsible porn sites will still be easy to access." Solomon Friedman of Ethical Capital Partners, which owns Aylo, asserted that while Ofcom is acting in good faith, the underlying law is flawed.
CASES
Judicial review of Palestine Action ban approved
The Court of Session in Scotland has permitted a judicial review of the ban on Palestine Action, a group proscribed as a terror organisation since July 2022. Lord Young's ruling follows a hearing where ex-diplomat Craig Murray, represented by Joanna Cherry, KC, argued the case's constitutional significance. Cherry stated: "This is a case of great constitutional significance which impacts on fundamental liberty and human rights of people living and working in Scotland." The UK Government plans to defend the proscription in court. A procedural hearing is set for February 23.
Agoraphobic ecologist loses case over Christmas party snub
A Scottish ecologist with agoraphobia has lost a tribunal case after suing her employer for disability harassment over being excluded from the office Christmas party. Shelby Caughman, who suffers from multiple mental health conditions including ADHD, autism, PTSD, and agoraphobia, argued that being snubbed by Echoes Ecology in December 2024 was discriminatory. However, the tribunal ruled that the company's decision to exclude her - made to prevent causing additional anxiety - was justified under UK employment law.
Foster carers guilty of horror abuse
An elderly couple have been convicted of subjecting foster children to severe abuse after locking one child in a chicken coop and inflicting a catalogue of degrading punishments at their Glasgow home in the late 1980s and early 1990s. Douglas Daniel, 80, and his wife Barbara, 75, were unanimously found guilty of six charges of cruel and unnatural treatment of children in their care, following harrowing testimony from multiple victims. The sheriff described the abuse as "unspeakable", saying a home meant to provide sanctuary had instead become "a house of horrors." Sentencing was deferred until March pending background reports.
Women 'silenced' over transgender prisoner policy
Women speaking out about transgender prisoners face intimidation, a court heard. Advocate Aidan O'Neill, representing For Women Scotland, raised concerns over the Scottish Government notifying police about allegations without court approval. He stated this action appears to silence women rather than investigate their claims. O'Neill said: "It rather looks to me like an attempt to silence, to intimidate." In response, Advocate Gerry Moynihan, representing Scottish Ministers, argued that notifying police was responsible due to the seriousness of the allegations. He emphasised the need for proper investigation of the claims made.
HEALTH
Reopen hospital inquiry, says Labour leader
Scottish Labour leader Anas Sarwar has called for Lord Brodie, chair of the Scottish Hospitals Inquiry, to reopen the inquiry to "investigate and question those responsible for the political decision-making" around the Queen Elizabeth University Hospital. Mr Sarwar described events at the hospital, which was hit by a number of deaths linked to infections, as "criminal incompetence", and said those responsible "must be held to account" by the inquiry, which heard closing submissions last week. While the inquiry, he said, has looked "in detail at the decision-making and the decision-making gaps in the managers and the staff on the site", it has not heard from Nicola Sturgeon, John Swinney, or Shona Robison, who were First Minister, Deputy First Minister, and Health Secretary at the time.
IMMIGRATION
Black market for visa sponsorship revealed
Criminal networks are exploiting Britain's immigration system by selling fake jobs to migrants for thousands of pounds. These bogus positions help individuals secure genuine work visas from the Home Office. Shanti Das, Senior Investigations Reporter at the Times, uncovers the broken visa sponsorship system that enables this trade. Agents offer fake job placements to migrants, charging up to £20,000 for sponsorship certificates without actual employment. The Home Office has announced an urgent investigation into these illegal activities.
PROPERTY
HMRC tightens grip on property deals
HM Revenue & Customs (HMRC) has increased its scrutiny of property transactions, with investigations rising 88% to 3,035 in the 2024/25 tax year. This surge follows Angela Rayner's resignation after underpaying £40,000 in stamp duty on her Hove apartment. The additional tax recovered has also jumped 135% to £200m. Graham Caddock, director at Lubbock Fine, noted that investigations are likely to increase, particularly concerning second property acquisitions. He said: "HMRC looks at many different factors to decide what counts as your main residence." Increased complexity in Stamp Duty Land Tax (SDLT) rules has led to more errors and potential investigations.
TAX
Families rush to set up trusts
Tens of thousands of families are establishing trusts to avoid inheritance tax as reforms approach. In the 2024-25 tax year, 121,000 trusts were registered, a rise from 115,000 the previous year, according to HM Revenue & Customs. The inheritance tax nil-rate band has been frozen at £325,000 since 2009, prompting families to seek alternatives. Marc Acheson from Utmost Wealth Solutions said: "The continued growth in trust registrations is entirely understandable." Chris Etherington from RSM said businesses and farms had driven interest in trusts following changes to business and agricultural property relief.

 

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