Legal Matters Scotland
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3rd February 2025

A free early morning round up of news for legal professionals across Scotland.
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PRISONS
SNP releases hundreds of prisoners with GPS tags
Ministers in Scotland have announced a change in early release rules this week meaning hundreds of prisoners are set to be fitted with a GPS enabled ankle tags. Lawmakers hope using satellite tracking will allow them to release more inmates, reducing populations in overcrowded prisons while keeping the public safe. However, opposition politicians accused the SNP of failing to address the​ central problem of overcrowding. Liam Kerr, the Scottish Conservative MSP and justice spokesman, said​ the move resembled a “forced response to a self-inflicted prison crisis by the SNP​.” He added: “These devices are far from fail-safe and ministers must guarantee that these offenders will be properly monitored now they will be back on Scotland’s streets​.”


Overcoming the Challenges of Moving to Modern Case Management

Are you a lawyer or firm manager stuck with outdated case management software? You know that technology is the key to efficiency, but the idea of transitioning to a new system seems daunting. You’re not alone. Many law firms understand the advantages of modern software yet feel held back by concerns about cost, disruption, and – especially – data migration. Denovo have supported hundreds of Scottish law firms in moving to a more efficient software platform, and their team of data migration specialists exists to make this process simpler than you might expect. Their fully customisable, whole practice management software, CaseLoad, incorporates everything modern law firms need: practice management, case management, and legal accounting software, all built into one platform.

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INDUSTRY
Scotland welcomes new Lord Justice Clerk
First Minister John Swinney has congratulated Lord Beckett on his appointment as Scotland's new Lord Justice Clerk, succeeding Lady Dorrian. Swinney praised Beckett's "long and distinguished career" in the legal system, highlighting his previous roles, including Solicitor General and Supreme Court judge. Beckett has been instrumental in reviewing court procedures for sexual offence cases and improving trauma training for judges. Lady Dorrian, the first woman in this senior judicial role, leaves a significant legacy, particularly in advocating for vulnerable victims. Lord President Lord Carloway commended Beckett as a "very experienced judge" with extensive knowledge of criminal cases.
Scotland's judiciary sees leadership change
John Sturrock KC, who served as the Director of Training and Education at the Faculty of Advocates, pays tribute to Lord Carloway and Lady Dorrian who are stepping down this week. He highlights Lady Dorrian's pivotal role in adapting advocacy techniques from the United States and Australia for Scottish use. Notably, she re-wrote the foundational case study for criminal advocacy, PF v MacBier. Mr Sturrock adds that Lord Carloway, as Treasurer of the Faculty in the mid-1990s, facilitated the development of the training programme, including the refurbishment of the Mackenzie Building, which became central to the training of new advocates. He adds that as both retire, their impact on the Scottish Bar's evolution is commendable.
Government's gag clause scandal exposed
The Sunday Telegraph has uncovered that the Government attempted to silence victims of the infected blood scandal by proposing a 'gag clause' in legal contracts. This move aimed to prevent victims and their lawyers from discussing compensation issues with the press, following criticism of the slow and convoluted compensation scheme. Over 30,000 individuals were infected with tainted blood products, leading to at least 3,000 deaths and numerous lifelong health issues. Sir Brian Langstaff's inquiry report highlighted systemic failures, stating that “a significant part of the harm… could have been prevented.” Victims are concerned that the same issues of “institutional defensiveness” identified in the inquiry are resurfacing, jeopardising the compensation process.


 
CASES
Police Scotland seeks judicial review
Police Scotland is pursuing a judicial review regarding the Scottish Government's handling of the inquiry into Sheku Bayoh's death in police custody on May 3, 2015. Chief Constable Jo Farrell expressed concerns about the proposed extension of the inquiry's terms of reference, stating that it has been “impossible for the service to properly engage” due to a lack of shared relevant material. Aamer Anwar, acting for the Bayoh family, has urged Deputy First Minister Kate Forbes to broaden the inquiry to include the Crown's decision-making process. A Scottish Government spokesperson acknowledged the proceedings but refrained from commenting further.
Play centre owner sentenced for child sexual abuse
Steven Paul McInally, the owner of a Scottish soft play centre, has been jailed for 25 years after being caught entering the US with thousands of images of child sexual abuse on his mobile phone. McInally, 36, was searched by border guards upon arriving in Florida with his family. He pleaded guilty to transporting and possessing child sexual abuse material in November and was sentenced to 25 years in a US federal prison. Police Scotland is investigating whether McInally committed similar crimes in the UK.
TRANSPORT
Local government urged to act on rail safety
Three years after the Stonehaven rail tragedy, victims have been frustrated over the lack of accountability and action on safety recommendations. Of the 20 recommendations made by the Rail Accident Investigation Branch (RAIB), only nine have been fully implemented, leaving 11 still open. Neil Davidson, a partner at Digby Brown Solicitors, said: “The people of Scotland need to know they can trust their public transport and trust those who manage it.” The crash, which resulted in the deaths of three individuals, was attributed to management failings and inadequate safety measures. Despite Network Rail's guilty plea to criminal charges, concerns persist regarding the commitment to implement necessary changes. Davidson emphasised the need for justice: “Until the recommendations are implemented in full, there is likely to remain an element of distrust from the victims and families.”
THE LAW
Scottish LibDems propose amendment to Care Bill
The Scottish LibDems are advocating for a name change to the Government's National Care Service (Scotland) Bill after the original plans for a comprehensive adult social care system were abandoned. The proposed amendment aims to rename the bill to the Care and Carers (Scotland) Bill, reflecting the shift towards creating an advisory body to assess Scotland's social care landscape. Scottish LibDem leader Alex Cole-Hamilton stated: "Care is in crisis in Scotland. Thousands aren't getting the care they need, staff have been let down, and family carers are desperate for more support," highlighting the urgent need for reform in the care sector.
Scotland should look to Wales on speed limits - Greens
The Scottish Green party have called on the Scottish Government to follow Wales' example when implementing nationwide 20mph speed limits, following reports of safety improvements across the nation. Data from the Welsh Government shows that 100 fewer people were killed or seriously injured on roads during the first year of the lower speed limit implementation. MSP Mark Ruskell, who has championed lower speed limits since 2018, said he was pleased that the Scottish Budget will provide sufficient funding for councils to implement wider 20mph speed limits across Scotland in the coming year.
EDUCATION
Scottish schools face weapon crisis
The Scottish Government is facing pressure to address a concerning increase in weapon-related incidents in schools, with 523 reports made to police since 2017. The data reveals a significant rise in incidents since the pandemic, with 293 cases reported post-COVID-19. The EIS, Scotland's largest teaching union, emphasised the need for more resources to combat violence in schools. A Scottish Government spokesperson acknowledged the issue, commenting: "Weapons should never be in our schools" and highlighted a £4m investment in the Violence Prevention Framework to tackle this crisis. Meanwhile, Miles Briggs, an education spokesman for the Scottish Conservatives, said: "The huge rise in pupils using dangerous weapons highlights a terrifying collapse of discipline in Scotland's schools under the SNP."
FINANCE
Perth and Kinross eyes tourist tax
Perth and Kinross Council is considering the introduction of a tourist tax, following Edinburgh's lead as the first Scottish city to implement a visitor levy. Council officials plan to engage with local businesses and residents to discuss the proposal, which could generate significant revenue. Edinburgh City Council anticipates raising around £50m annually from its 5% accommodation surcharge starting next summer. While supporters argue that the tax could fund local initiatives, critics warn it may deter visitors. The consultation process in Perth and Kinross is expected to take over two years, with the earliest implementation date projected for summer 2027.
COURTS
New magistrates sworn in at Inverness
Five new Justice of the Peace magistrates have been sworn in at Inverness Sheriff Court by Sheriff Principal Derek Pyle. The new magistrates include Darren MacLeod, Neil Mackenzie, Helen Eunson, Moses Anderson, and Isobel Mackenzie, who will serve at Fort William Sheriff Court. Sheriff Pyle congratulated them on completing "the difficult process over the past few months" to become JPs.
INDEPENDENCE
Sturgeon calls for Scottish referendum process
Nicola Sturgeon has advocated for Scotland to establish a formal process for holding an independence referendum, similar to the mechanism in Northern Ireland for a border poll. In an interview with the Institute for Government, she said: "There definitely needs to be a process that is founded on respect for democratic autonomy." Sturgeon highlighted the need for the UK Government to understand devolved responsibilities and cease using obscure provisions of the Scotland Act to block legislation, referencing the Gender Recognition Reform (GRR) Act vetoed by the UK Government. Current First Minister John Swinney has echoed her sentiments, arguing for a consistent democratic approach, noting: "There has to be an acceptance of a route for Scotland."
MEDIA
Channel 4 in hot water over deepfake
Channel 4's use of AI-generated footage featuring Scarlett Johansson in lingerie has raised significant legal concerns. The footage was part of the documentary Vicky Pattison: My Deepfake Sex Tape, which addresses the issue of non-consensual AI-generated pornography. Experts warn that the broadcast may violate the Sexual Offences Act 2003, which prohibits the non-consensual distribution of images depicting individuals in underwear. A Channel 4 spokesman said: "We have ensured that we have adhered to all relevant laws and regulations."
 


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