A sharp slice of what matters in Scottish law

The Scottish Government has announced a 13% increase in legal aid fees, aimed at improving access to justice. This increase, effective from September pending approval, is part of a broader support package that includes £1.5m funding for 40 legal aid traineeship positions. Patricia Thom, president of the Law Society of Scotland, called the fee rise "significant" and essential for stabilising the legal aid system. Siobhian Brown, minister for victims and community safety, stated: "Access to justice is a fundamental right," highlighting the Government's commitment to a sustainable legal aid system.

 

The Scotsman

 

Scottish ministers are appealing a ruling from the Information Commissioner regarding the disclosure of communications related to an investigation into Nicola Sturgeon. Christine O'Neill KC, representing the ministers, argued that the commissioner's decision inadequately considered the public interest in maintaining legal professional privilege (LPP). The Information Commissioner had previously ordered the release of information that the Scottish Government withheld, claiming it was protected by privilege. O'Neill said: "The general approach to the public interest has simply been insufficient." The case continues in the Court of Session.

 

London Evening Standard

The Daily Record

 

Shabana Mahmood, the Home Secretary, recently announced the removal of non-crime hate incidents in England and Wales. But critics, including Prof Stephen Macdonald from Durham University, argue the decision could harm disabled individuals by eliminating crucial data on lower-level abuse. Macdonald said: "Stopping the recording of non-crime hate incidents would be a disaster for disabled people." Campaigners argue that these incidents often precede serious hate crimes and are vital for understanding patterns of abuse. Police Scotland plans to continue recording such incidents for community monitoring.

 

The Guardian

The assisted dying bill, backed by Lord Falconer, is facing significant opposition in the House of Lords. Critics, including Baroness Ilora Finlay, argue that using the Parliament Act to bypass the Lords, as some backers have threatened to do, would be "outrageous." The Terminally Ill Adults (End of Life) Bill has progressed slowly, with over 1,200 amendments proposed, raising concerns about its safety and adequacy. Baroness Finlay, a doctor, professor of palliative care and former president of the Royal Society of Medicine, said "trying to hammer the bill through with all the dangers [in it] is incredibly irresponsible". But one of the Bill's highest profile supporters, Dame Esther Rantzen, has written to peers urging them to "stop inventing fictitious excuses" to block the proposed legislation. The bill must pass through the Lords and return to the Commons by May to avoid falling.

 

Sky News

Daily Mail

The I

The Independent UK

A significant rebellion is emerging within the SNP regarding its stance on the Prostitution (Offences and Support) (Scotland) Bill. Female MSPs, including Michelle Thomson, Ruth Maguire, and Annabelle Ewing, are backing independent MSP Ash Regan's proposal, which aims to criminalise paying for sex while repealing the offence of soliciting. The SNP's representatives on the criminal justice committee recently blocked support for the Bill, and the Scottish Government expressed "significant concerns" about its current form. Regan stated: "This Bill is about protecting vulnerable individuals."

 

Daily Mail (Scot)

Sheriff Christopher Shead has prohibited defendants from wearing shorts in court, warning of contempt charges for non-compliance. The decision followed an incident where Calum Hardie, 30, appeared in grey cargo shorts and was sentenced to 300 hours of unpaid work for assaulting police officers. Sheriff Shead expressed disbelief at Hardie's attire, stating: "For the avoidance of doubt, don't ever come back to this court dressed in shorts again." Hardie's behaviour included verbal abuse and physical aggression towards officers after being treated for drug use.

 

STV	Daily Mail (Scot)

Angela Constance, the SNP Justice Secretary, has faced severe criticism for releasing sex offender William Cox on compassionate grounds. Cox, a serial paedophile, was sentenced to two years for making indecent images of children aged four to twelve. Local Labour MSP Michael Marra condemned the decision, stating: "Men found guilty of such sickening crimes should serve their sentence." Cox was released early due to terminal renal cancer, just before Christmas, and died on New Year's Day. A Scottish Government spokesperson defended the decision, citing a rigorous assessment process for compassionate releases.

 

The Daily Record

Lee Hulse, a 32-year-old offshore worker, died after falling from over 80ft due to Ensco Offshore Ltd's failure to conduct a safety check. The Health and Safety Executive (HSE) found the company breached the Health and Safety at Work Act 1974 and Management of Health & Safety at Work Regulations 1999. The incident occurred on 14th November 2025 while Hulse was working on the Valaris 121 in Shell's Shearwater field. The HSE issued an improvement notice, stating: "You failed to make an assessment of the risks to the health and safety of your employees."

 

The Press and Journal

A new report from the Scottish Human Rights Commission (SHRC) has called for compensation to be paid to victims and their families affected by the so-called "Tinker Experiment", a decades-long set of policies intended to abolish the traditional nomadic lifestyle of the Gypsy Traveller community between the 1940s and 1980s. The SHRC welcomed First Minister John Swinney's recent apology for the scheme as a "positive first step", but outlined a number of "urgent" recommendations to address the "ongoing harms" caused by past council and Government policies, including financial compensation and a "culturally appropriate review" of the adequacy of accommodation at Gypsy Traveller sites.

 

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BBC News

Herald Scotland

The Daily Record

David Toshack, a former trainee prison custody officer, claims he was unfairly dismissed by GeoAmey for refusing to use chosen pronouns for transgender prisoners. During a tribunal in Edinburgh, Toshack stated he was not "hostile" during discussions on the matter. He argued that his dismissal stemmed from his unwillingness to comply with company policies that conflicted with his beliefs. "I would not lie," he asserted. The tribunal continues as Toshack's case raises questions about the intersection of personal beliefs and workplace policies on diversity and inclusion.

 

The Independent UK

BBC News

Edinburgh’s finance convener Mandy Watt has rejected claims from Glasgow housing chief Ruaridh Kelly that £60m of unspent housing funds should be redirected from Edinburgh to Glasgow. Watt said underspends are not unusual, citing slippage, limited properties to buy, and value-for-money duties. Critics argue failing to spend during a housing emergency shows poor focus, while Glasgow says reallocating funds could help address its acute housing pressures.

 

Herald Scotland

Orkney Islands Council has launched an investigation into fake objections, believed to have been generated with the help of artificial intelligence (AI) tools, lodged against plans for a new hotel in Kirkwall. The objections were submitted using names and addresses linked to real local businesses, whose owners were unaware of the objections. A spokesperson for the council said that on being contacted by the affected residents and businesses it "immediately removed the representations and are now investigating the submissions, including working to trace their source".

 

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Herald Scotland

The National Trust for Scotland (NTS) has warned that current VAT laws are harming the preservation of historic buildings. The charity argues that the 20% VAT on restoration contrasts sharply with zero-rated new builds, leading to neglect and demolition. A recent survey revealed that 58% of the public supports VAT relief for historic structures. Philip Long, NTS chief executive, stated: "Current policies are far from being joined up and actually mitigate against our built heritage." The NTS calls for political action to amend these policies, which could inject £15bn into the economy and create 95,000 jobs.

 

The Herald

First Minister John Swinney is considering calls from the Scottish Greens to remove American troops from Prestwick Airport. This follows an incident where the US Coastguard took two crew members from a Russian oil tanker, defying a Scottish court order. Ross Greer, co-leader of the Scottish Greens, condemned the US military's actions as an "abduction" and urged the First Minister to respond. Swinney acknowledged the strong feelings surrounding the issue but stated that the Scottish Government has limited powers regarding the situation. He emphasised the importance of adhering to legal processes in Scotland.

 

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