Legal Matters Scotland
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10th September 2025

A free early morning round up of news for legal professionals across Scotland.
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SENTENCING
Record number of offenders diverted from prosecution
New Scottish Government figures show 3,600 diversion from prosecution cases in 2024-25, the highest in a decade and up 7% from 2023-24. The scheme allows people accused of offences to avoid court by receiving support for issues such as addiction, mental health, or homelessness. Critics, including Conservative justice spokesperson Liam Kerr, argue the rise reflects the SNP’s "soft-touch justice," claiming offenders increasingly face "a slap on the wrist." The Government says decisions rest with the independent Lord Advocate and highlight recorded crime has halved since 1991. Young people dominate diversions: 16-17-year-olds make up 23% of cases despite being just 3% of the population. Additionally, home detention curfew reports surged 47% to 1,100, the highest in six years, as authorities assess offenders before early release under monitoring.
Lifelong sentences face human rights scrutiny
Human rights advocates warn that Orders for Lifelong Restriction (OLRs) in Scotland may lead to "inhuman and degrading" treatment of prisoners. Introduced nearly 20 years ago, OLRs aim to protect the public from serious offenders. However, many prisoners experience psychological distress due to uncertainty about their release. Currently, 277 prisoners serve OLRs, with only 14 released after completing their minimum sentences. Shirley Hutton, whose brother is serving an OLR, said: "How do you keep somebody hopeful when there is no hope?" The Scottish Human Rights Commission calls for a review of OLR operations to safeguard human rights.

Strengthening Legal CPD in Scotland – Denovo's Partnership with RFPG

Denovo have partnered with the Royal Faculty of Procurators in Glasgow (RFPG) to support their renowned CPD Education Programme. This collaboration reflects Denovo's commitment to helping the Scottish legal community stay ahead in a profession that’s constantly evolving.
As part of the programme, Denovo will be delivering an exclusive seminar on AML & Risk Management this October, showcasing practical tools, expert insights, and the latest technology to help firms strengthen compliance and save time.

Read on to discover more about the partnership, the event, and how Denovo are working with RFPG to support legal practitioners across Scotland.

 
COURTS
Scottish courts to address sexual offences backlog
The Justice Secretary Angela Constance has confirmed plans to establish standalone sexual offences courts as part of the Victims, Witnesses and Justice Reform Bill, aiming to tackle Scotland’s significant trial backlog of 17,873 cases. The proposed courts would focus on complex sexual offence cases, streamlining processes, reducing adjournments, and ensuring quicker trials. Constance argues this would improve efficiency by better deploying judicial resources across Scotland’s existing High Court and sheriff court locations. She also announced a pilot project allowing more rape survivors to deliver personal impact statements, either in person or via pre-recording. While Constance highlights benefits for victims, critics from Scottish Labour and Conservatives have raised concerns about costs, bureaucracy, and whether resources would be better spent improving trauma-informed practices within existing courts.



 
PRISONS
Scotland's prison population crisis deepens
Scotland's prison population has risen to 8,359, surpassing the level that prompted the early release of over 300 inmates earlier this year. The Scottish Prison Service (SPS) reported that this increase is destabilising jails, with projections suggesting numbers could reach 8,750 by year-end. Factors contributing to this rise include a backlog of court cases, with 22% of inmates awaiting trial, and a surge in serious crimes, particularly sexual offences. Justice Secretary Angela Constance stated: "There is no single reason for the increase and there is no single solution."
CRIME
Domestic abuse rape charges soar
Domestic abuse-related rape charges in Scotland increased by 11% from 573 to 635 in 2024/25, averaging nearly two per day. The Crown Office reported that 552 of these charges were sent to court. Additionally, charges of domestic abuse-related sexual assault rose by 10% to 319. Lord Advocate Dorothy Bain, KC, stated: "Gender-based violence and abuse is driven by underlying attitudes." Victims Minister Siobhian Brown expressed concern over the rising domestic abuse and stalking charges, highlighting the need for accountability and prevention measures.
Scotland's hate crime numbers spike
The Hate Crime and Public Order Act, introduced in April 2024, has led to a significant rise in reported hate crimes in Scotland. From April 2024 to March 2025, police recorded 9,342 incidents, marking a 37% increase from the previous year. Almost 60% of these crimes were race-related. The Scottish Government emphasised the need for strong legislation to protect victims and hold offenders accountable. A consultation is underway to include women and girls as a protected characteristic under the Act.

 
STV
THE LAW
UK Government urged to act on assisted dying
The UK Government will receive a formal request to address legislative competency issues regarding the Assisted Dying for Terminally Ill Adults (Scotland) Bill, as confirmed by Health Secretary Neil Gray. Key aspects of the bill, including the approved substance for assisted dying and health professional regulations, fall under Westminster's jurisdiction. Gray's letter seeks the UK Government's views on resolving these issues. Liberal Democrat MSP Liam McArthur, who introduced the bill, noted the urgency due to the upcoming Holyrood election. He stressed the need for collaboration to ensure a safe and effective assisted dying law in Scotland.
Concerns halt Scottish Education Bill progress
The Education, Children and Young People Committee has opted not to recommend the proposed Scottish Government Education Bill due to significant concerns over costs. The Bill aims to enhance funding for apprenticeships and improve governance at the Scottish Funding Council. Committee convener Douglas Ross remarked: "We've taken the unusual step of not making a recommendation because of our significant concerns around the lack of clarity over the costs."

 
STV
Trade unions oppose Supreme Court trans ruling
Delegates at the Trades Union Congress (TUC) have voted unanimously in favour of a motion opposing the Supreme Court ruling that "sex" in equality law refers to biological sex. The motion argues that the April ruling went against the European Court of Human Rights (ECHR) while interim guidance issued by the Equality and Human Rights Commission (EHRC) following the ruling was "flawed and inconsistent".
Scottish protests spotlight rape shield laws
Protests occurred outside Holyrood yesterday regarding Scotland's rape shield laws. Approximately 70 members of Justice for Innocent Men (JFIM) demonstrated against the laws, citing concerns over their interpretation. Kirsty McDermott, a JFIM member, stated: "The courts are interpreting rape shield laws in a very restrictive way." In contrast, around 20 campaigners for rape survivors held a counter-protest, with Ellie Wilson asserting that victims are not treated fairly.
Glasgow Council demands gambling reform
Glasgow has the highest number of bookmakers outside London, prompting Shettleston councillor Laura Doherty to criticise the UK Government for inaction on gambling harm. She is urging council members to reaffirm their commitment to addressing this issue following the Government's gambling levy announcement. The council's chief executive has contacted the Secretary of State for Culture, Media and Sport for assurances on a public health approach.
CASES
Council failed in child protection
The Fatal Accident Inquiry (FAI) into the death of 13-year-old Robyn Goldie revealed a "systemic failure" by North Lanarkshire Council in handling her case. Sheriff Linda Nicholson stated that Robyn's death could have been avoided if her mother, Sharron Goldie, had sought medical help. Goldie was jailed for neglecting her daughter, who died from peritonitis after being left unattended. The inquiry found that while council procedures were not followed, these failures did not contribute to Robyn's death. The council has since implemented changes to improve child protection measures.
Long-awaited inquiry into Eljamel starts
A public inquiry into former NHS Tayside neurosurgeon Sam Eljamel has begun in Edinburgh, welcomed by the Patients Action Group (PAG) as "about time" after years of campaigning. Eljamel, suspended in 2013, is accused of harming dozens of patients. The inquiry will examine his appointments, how concerns were handled, and whether patient safety systems failed. PAG supports the process but fears limited powers to compel evidence and seeks stronger scrutiny of regulatory bodies.
INDUSTRY
UK legal services thrive post-Brexit
The UK's legal services trade balance increased significantly, rising from £4.8bn in 2020 to over £7.4bn last year, according to the Law Society. Legal exports surged by 44%, reaching £9.02bn. The primary markets include the EU and the US, valued at nearly £3bn and £2.6bn, respectively. Richard Atkinson, president of the Law Society, commented: "London's world-leading commercial dispute courts... fuel the UK economy." However, he cautioned against complacency, urging the Government to invest in court infrastructure to maintain the UK's global standing in legal services.
SOCIAL
Scotland braces for migrant influx
Scotland is preparing for a significant influx of migrants due to a new Home Office policy that reduces the accommodation period for asylum seekers from 56 days to 28. Glasgow City Council leader Susan Aitken warned this change could lead to increased homelessness, stating: "This is a decision that reeks of panic and pandering." Local authorities and charities are calling for more support to manage the expected rise in demand for housing. The number of homeless individuals in Glasgow has reached a record 8,530, with many being refugees granted leave to remain in the UK.
FIRMS
Burges Salmon reports strong financial growth
Burges Salmon reported a 9.2% increase in turnover, rising from £163m to £178m for the financial year ending 30 April 2025. Net profit surged by 25% from £50.5m to £63m, while profit per equity partner (PEP) remained steady at £660,000. The firm has achieved nearly 50% revenue growth over four years, expanding its workforce from 850 to over 1,200.
AND FINALLY...
Gala Ball raises £70,000 for charity
The House of Hope hosted its inaugural Gala Ball at Prestonfield House in Edinburgh, raising £70,000 for its support centre for those affected by breast cancer. Founded by Lisa Fleming, the charity offers wellbeing therapies and emotional support services. BTO Solicitors LLP, which sponsors the charity, celebrated the event's success. The charity aims to continue its fundraising efforts with future initiatives.
 


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