Legal Matters Scotland
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29th October 2025

A free early morning round up of news for legal professionals across Scotland.
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CRIME
Homicide deaths in Scotland decline
Homicide deaths in Scotland fell to their lowest level in nearly 50 years, with 45 victims recorded in 2024-25, down 12 from the previous year. Over the past decade, homicides dropped by 24%, and by 53% over the last 20 years. Deaths among 16- to 24-year-olds also declined sharply. All cases last year were solved, with 30 men and 15 women killed. Most male victims (63%) were killed by acquaintances, while nearly half of female victims (47%) died at the hands of a partner or ex-partner. Sharp instruments were the most common method. Justice Secretary Angela Constance called the trends "positive and welcome" while emphasising ongoing vigilance is needed.
Drug deaths report must be 'wake-up call'
The Scottish Conservatives have urged the Scottish Government to take "real action" to tackle drug deaths after the latest quarterly Rapid Action Drug Alerts and Response (RADAR) report revealed that suspected drug deaths between June and August, while down on the previous quarter, were still 12% higher than the same period in 2024. The RADAR report revealed that the number of drug-related attendances at emergency departments was up 8% on the previous quarter and 5% year-on-year. Conservative drugs spokesperson Annie Wells said the report should be a "wake-up call" for ministers to "take real action to address this national crisis".

 
PRISONS
Scottish prisons at crisis point, say bosses
Scottish prisons are facing a "crisis point," according to the Prison Officers' Association. The prison population has reached a record high of 8,430, prompting Justice Secretary Angela Constance to propose the early release of 1,000 prisoners by April 2026. The association's report highlights severe overcrowding and understaffing, leading to increased violence and drug misuse. Phil Fairlie, assistant general secretary, stated: "Crisis point really has been reached in Scotland's prisons." The union calls for increased funding to address these issues and improve the prison service's capacity for rehabilitation.
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FINANCE
Booking platforms struggle with visitor levy complications
Industry bodies have urged the Scottish Government to review the law around local visitor levies - saying City of Edinburgh Council's decision to apply a percentage-based levy rather than a flat rate, and to cap the levy at five nights, has introduced unnecessary complexity that has stopped major booking platforms from being able to properly calculate the levy that needs to be paid. David Weston from the Scottish B&B Association said accommodation providers are "in a ridiculous and unacceptable situation" where they are "forced to either break the law on the visitor levy or break the laws on price marking and price quoting, because they're literally in the position where systems can't do it".
POLICING
Police Scotland's NCHI transparency questioned
Police Scotland is facing criticism for not disclosing the number of non-crime hate incidents (NCHIs) it logs. Recent data revealed 2,467 hate crimes recorded between April and June, but no figures for NCHIs were published. Chief Superintendent Rob Hay of the Association of Scottish Police Superintendents called for transparency, stating that the current NCHI policy should be scrapped. He noted the potential chilling effect on free speech and public trust. Fiona McAnena from the charity Sex Matters echoed these concerns, questioning what Police Scotland is hiding by not releasing NCHI data.
THE LAW
Historic voting law passes in Scotland
Tracy Gilbert, Labour MP for Edinburgh North & Leith, has successfully passed her Absent Voting (Scotland and Wales) Bill, becoming the first Private Member's Bill to receive Royal Assent in the current parliament. The new law allows voters in Scotland and Wales to apply for postal or proxy votes online, streamlining the process for those with disabilities or living abroad. Gilbert stated: "I'm incredibly proud that my Bill has now become law... ensuring voters can benefit from this new, more accessible system." The changes will be implemented ahead of the upcoming Scottish and Welsh elections.
New law bars citizenship for extremists
A new law prevents extremists stripped of British citizenship from regaining it until all appeals are completed, closing a previous "loophole." Between 2018-2023, an average of 12 people per year lost citizenship for national security reasons. The Deprivation of Citizenship Orders (Effect during Appeal) Act 2025 also stops individuals from renouncing other nationalities, ensuring deportation or statelessness rules remain enforceable.
Scottish government’s bid to break up rural estates ‘too complex’
The Scottish Government's land reform bill faces criticism for being overly complex, potentially ineffective, and failing to address the concentration of land ownership.
INDUSTRY
May warns Tories against criticising the judiciary
Theresa May, the former Prime Minister, has cautioned the Conservative Party against populism and criticising the judiciary. In a Lords debate, she said that judges face unwarranted attacks from those promoting populist narratives. Mrs May emphasised the importance of maintaining public trust in the judiciary, saying: "By undermining the judiciary we further erode public trust in the institutions of our democracy."
REGULATION
FCA to ease short-seller disclosure rules
The Financial Conduct Authority (FCA) will no longer require firms short-selling UK-quoted companies to disclose their identities. Instead, only total short positions will be published. This change aligns UK regulations more closely with US practices and raises the threshold for notifying the FCA about short positions from 0.1% to 0.2%. The City watchdog is consulting on the plans, with an aim for the final rules to come into effect in the second half of 2026.
EMPLOYMENT
Peers defy Government on workers' rights
The House of Lords has resisted Government reforms to the Employment Rights Bill, resulting in multiple defeats for the Government. Peers inflicted defeats on zero-hours contracts, unfair dismissal claims from day one, industrial action ballot thresholds and union members paying a political levy. 
HOUSING
Edinburgh housing chief suspended amid turmoil
Lezley Marion Cameron, Edinburgh's housing chief, has been suspended by the Labour group after refusing to resign. Cameron, who has held the position for 10 months, broke party lines by suggesting a reduction in the affordable housing requirement from 35%. Council leader Jane Meagher stated: "We do need the third sector and the private sector and developers to know absolutely crystal clarity what the council position is on affordable housing allocation." Cameron is set to be formally removed tomorrow.
CORPORATE
Legal battle brews over Scottish DRS
Lorna Slater, Scotland's former circularity minister, has accused Alister Jack, the former Scottish secretary, of acting in "bad faith" by blocking the Scottish deposit return scheme (DRS). Slater testified in the Court of Session that Jack's decision undermined the scheme and was politically motivated. She stated: "Alister Jack saw a political opportunity... to give the SNP a black eye." Jack denied these claims, asserting his duty to protect businesses and consumers. Biffa Waste Services is suing the Scottish Government for tens of millions over the DRS delay.
ENVIRONMENT
ExxonMobil fined for flaring chaos
ExxonMobil has been fined £176,000 for breaching its environmental permit during six days of unplanned flaring at the Fife Ethylene Plant in April 2019. The incident generated over 900 complaints, with residents describing the noise as "like a jet engine." The Scottish Environment Protection Agency (SEPA) conducted a thorough investigation, revealing that ExxonMobil had failed to follow proper procedures. ExxonMobil has since invested over £140m to improve operations and reduce flaring incidents.
MIGRATION
Mahmood to fight for deportations
Shabana Mahmood, the Home Secretary, has successfully countered multiple last-minute legal attempts to halt the deportation of Channel migrants under the one in, one out scheme. The High Court rejected at least five appeals, citing a "strong public interest" in maintaining the policy. Ms Mahmood said: "I will fight any legal challenge and scale up removals of those who have no right to be in our country."
GOVERNMENT
Labour's Chagos Islands decision challenged
The High Court is hearing a challenge against Labour's decisions regarding the Chagos Islands. Bertrice Pompe, Misley Mandarin, and Michel Mandarin claim the Government failed to consult Chagossians about their rights to reside on the islands. Prime Minister Sir Keir Starmer's plan to transfer sovereignty to Mauritius, while leasing back Diego Garcia for 99 years, has faced backlash. Philip Rule KC, representing the Chagossians, stated the Foreign Office did not adequately consult them. The ruling by Mrs Justice Stacey is pending, with the agreement awaiting parliamentary approval.
 


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