A sharp slice of what matters in Scottish law

Liberal Democrat MSP Liam McArthur has ruled out reintroducing his assisted dying bill in the next Scottish Parliament after it was defeated by 69 votes to 57 at Holyrood. The proposal, which would have allowed terminally ill adults to seek medical assistance to end their lives, split MSPs and prompted an emotional debate, with concerns raised about safeguards for vulnerable people. McArthur said the result was a "woefully inadequate" response to end-of-life suffering but expressed confidence the issue would return, citing growing public support. He added that after five years of work on the proposal, it was time to pass the baton to someone else after May's Holyrood election. Meanwhile, Marie Curie Scotland has warned that people with terminal illnesses are being "written off" by the country’s health and care systems, highlighting major gaps in palliative care provision. The charity is calling for a legal right to palliative care following the rejection of the assisted dying legislation, amid concerns about a postcode lottery in end-of-life support.

 

BBC News

The Scotsman

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In 2023-24, 54 deaths occurred in prison custody, marking an increase of 15 from the previous year and the highest level since 2012. The overall death toll since 2012 reached 399. Probable suicides, accounting for 29% of deaths, were the leading cause, with 10 recorded in the recent year. Other significant causes included diseases of the circulatory system and drug misuse, with 12 and 12 deaths, respectively, in 2023-24. The risk of death among male prisoners has been consistently lower than in the general male population, although probation risks for suicide were notably higher during certain years. The Justice Secretary acknowledged these deaths as tragedies and emphasised the government's commitment to enhancing safety measures, including the introduction of new suicide prevention policies. The Scottish Prison Service expressed deep concern over each loss, highlighting their commitment to improving care and safety in prison facilities.

 

STV

Daily Mail (Scot)

The Daily Record

Scotland's human rights watchdog has urged ministers to prioritise discussions on revising the prison service's transgender policy, warning it does not adequately consider the rights of female prisoners. The Scottish Human Rights Commission said the current approach fails to fully reflect the human rights of all groups, despite supporting an individualised assessment in principle. The intervention comes as the Court of Session considers a legal challenge to the policy, introduced after controversy over the placement of a transgender prisoner in a women's prison. While the commission has raised concerns, it has stopped short of seeking a formal ruling on the policy's legality, instead calling for engagement with ministers after the court's decision.

 

The Herald

 

The Government has abandoned its proposed 'opt-out' model for AI firms to use copyrighted material without permission. This decision follows significant backlash from the creative sector, which argued that the model would undermine copyright protections. Technology Secretary Liz Kendall said that while the Government's "preferred way forward was to enable AI developers to train on copyrighted works, with an opt-out for rightsholders... This was overwhelmingly rejected." She added that ministers had listened to concerns and would now explore alternative frameworks.

 

City AM

BBC News

The Guardian

Greyhound racing has been officially banned in Scotland after MSPs passed legislation making it a criminal offence, with penalties including up to five years in prison. The move follows the closure of Scotland’s last track and is supported by animal welfare groups, who argue it will prevent injuries and deaths among racing dogs. However, critics say the ban is unnecessary given the sport had already effectively ended in Scotland and argue it will have little impact on animal welfare. The vote comes shortly after a similar decision in Wales, adding momentum to calls for wider restrictions across the UK.

 

BBC News

New regulations governing cosmetic procedures, including Botox, will soon be implemented in Scotland. The Scottish Parliament approved the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill with a unanimous vote of 124 in favour. The legislation prohibits non-surgical treatments like chemical peels, dermal fillers, and microneedling for individuals under 18.

 

The Scotsman

A group of Scottish women is suing Johnson & Johnson, accusing the company of selling talcum powder contaminated with asbestos, which they claim led to various cancers. This lawsuit, the first of its kind in Scotland, is part of a larger movement in the UK, paralleling extensive litigation in the US. Lawyers representing the women highlight a 1960s memo indicating concerns over the safety of tremolite, an asbestos-linked mineral found in talc. Notably, Helene Rose, a member of the group diagnosed with ovarian cancer after decades of talc use, emphasises her belief in the product's expected safety for babies. The ongoing UK litigation could seek hundreds of millions in damages, potentially making it the largest product liability case in British history. Johnson & Johnson denies the allegations, asserting they have sold safe products.

 

BBC News

The prosecution of Scottish activists accused of terrorism has been postponed and moved to the High Court. Originally set for Edinburgh Sheriff Court, the hearing aimed to debate the compatibility of terror laws with human rights. The Crown, representing the Lord Advocate, requested the referral to the High Court, anticipating a potential win for the defendants. A spokesperson for Defend our Juries Scotland expressed surprise at this move, suggesting it indicates the Crown's concern over the case's outcome. They said: "We are confident that our human rights will be upheld in the High Court." Nearly 3,000 individuals await trial for similar charges across the UK.

 

thenational.scot

Herald Scotland

The Financial Conduct Authority has launched a review to investigate whether its regulations are contributing to limited access to finance for start-ups and SMEs amid concerns that UK demand for external funding is lower than in comparable countries. The regulator is seeking feedback on how its rules may affect the cost, risk, and availability of different types of finance, including debt, equity, and alternative lending, and is open to revising or clarifying requirements if needed. The move follows a report by the British Business Bank, which found strong competition in low-risk lending but highlighted persistent gaps - particularly for smaller loans, early-stage businesses, and firms based on intellectual property. It also noted that borrowing costs remain high due to structural constraints. The FCA will co-ordinate with the Prudential Regulation Authority on issues such as capital requirements, and its work will complement broader reviews into barriers to SME financing and investment by the Treasury, the Bank of England, and the Department for Business and Trade.

 

The Times

The Scottish Government has said councils will receive no additional funding to enforce regulations on vape retailers, maintaining that local authorities already have the resources despite a significant decline in trading standards staff. The stance comes amid scrutiny following a major Glasgow city centre fire linked to an unregistered vape shop, raising concerns about gaps in enforcement and the effectiveness of the national retail register. Ministers stressed that legal powers and sanctions are already in place, placing responsibility on councils to ensure compliance, while indicating the system could be reviewed. However, opposition MSPs and industry bodies warned that depleted local enforcement capacity risks undermining public safety.

 

Herald Scotland

Jonathan Hall KC, the reviewer of terrorism laws, has called for a ban on under-16s using social media, citing the inability of platforms to effectively regulate content. He emphasised that children are at risk of radicalisation through online gaming and "gaming-adjacent communication platforms" which predators exploit. Mr Hall said: "We need to get out of the habit of thinking about the online world as an extra. It needs to be front and centre of everything, of all national security decisions." The Global Terrorism Index shows that minors accounted for 42% of terror-related investigations in Europe and North America in 2025, with this marking a three-fold increase since 2021. In 2025, 39 out of 255 suspects arrested for terrorism offences in England and Wales were aged under 18.

 

The Standard

Andrew Linehan, a Dundee University graduate and former Army tank commander, has been elected president of the Scottish Agricultural Arbiters and Valuers Association (SAAVA). He is the first lawyer to hold this position since SAAVA's founding in 1925. Linehan, a partner at Murray Beith Murray, previously served as vice-president and legal adviser to SAAVA.

 

The Press and Journal