A sharp slice of what matters in Scottish law

The Scottish Child Abuse Inquiry has concluded that pupils at Fettes College were exposed to sexual, physical and emotional abuse at the boarding school from the 1950s onwards, with female pupils treated as "second-class citizens" after the school began taking female day pupils in 1972 and went fully co-educational in 1983, while racism was "normalised into the 1990s". The inquiry's chair, Lady Smith, said children "were wholly failed by the school", and that had "complaints been listened to and acted upon at the outset, many children would have been saved from abuse". Fettes' chair, Lady Wise, issued an unreserved apology, praising the bravery of those who gave evidence to the inquiry. Thompsons Solicitors, representing several Fettes College abuse victims, recently settled a case against the school for £450,000. It criticised the school for past negligence, saying its acknowledgment of failings "doesn’t go far enough."

 

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The National

The Times

BBC News

Herald Scotland

 

The Scottish Government has announced a 13% increase in legal aid fees, in a bid to boost access to justice. The increase is part of a broader support package, which includes funding for 40 legal aid traineeship positions. Patricia Thom, president of the Law Society of Scotland, stated: "This announcement gives solicitors a reason to remain in the legal aid system." The changes aim to stabilise the legal aid system amid concerns over a declining number of legal aid solicitors. The new fees will take effect in September, pending parliamentary approval.

 

Herald Scotland

The Scotsman

 

Police Scotland has said it will continue recording non-criminal 'hate incidents', even as the practice is set to be scrapped in England and Wales under reforms announced by the Home Secretary, Shabana Mahmood. The policy, which allows incidents perceived as prejudiced to be formally logged despite no crime being committed, has proved controversial amid concerns over free speech and the impact on background checks. Scottish Conservative MSP Murdo Fraser, who previously challenged being recorded under the system, urged Police Scotland and SNP ministers to abandon the practice, warning it may be unlawful and a breach of human rights. Critics argue the system diverts police resources from serious crime, while supporters say it provides intelligence to prevent future offences.

 

The Times

The Scottish Government has proposed regulations to include sex as a protected characteristic in hate crime legislation. Initially, sex was excluded from the Hate Crime and Public Order (Scotland) Act, which aimed to create a separate misogyny offence. Justice Secretary Angela Constance stated that these regulations will enhance protections for women and girls against sex-based offences. The regulations, if approved, will take effect on April 5, 2027, allowing Police Scotland time to prepare. Constance noted: "Women and girls will have the same protections as victims targeted for other characteristics."

 

Daily Mail

Ash Regan's Prostitution (Offences and Support) (Scotland) Bill, known as the 'Unbuyable' Bill, has received backing from the Bishops Conference of Scotland. The Bill aims to criminalise the purchase of sex and repeal solicitation offences. The bishops stated: "The Bill is a vital step toward protecting some of the most vulnerable individuals in our society."

 

Herald Scotland

The US has defended the removal of two crew members from the Russian-flagged tanker Marinera, insisting they were "lawfully" taken into US custody to face prosecution, despite a Scottish Court of Session order temporarily barring their removal. The incident has sparked criticism, with Justice Secretary Angela Constance and Green MSP Ross Greer suggesting a lack of respect for Scots law, while Aamer Anwar, acting for the wide of the vessel's captain, described their extraction as an unlawful "abduction." The Court of Session subsequently recalled the interim interdict after being informed that the US had already taken the captain and first officer onto a Coast Guard vessel. Scottish ministers and the Lord Advocate emphasised that Scottish authorities never detained the crew, and the US acted after a mutual legal assistance request was withdrawn.

 

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The Daily Record

Matthew Cohen, a 50-year-old lawyer from Aberdeen, has avoided jail after admitting to embezzling £45,755.50 from clients over three years. He inflated invoices and withdrew funds without consent from executors managing death estates. The Law Society of Scotland struck him off in 2019 after an inspection revealed his financial misconduct. Fiscal depute Rebecca Thompson noted that Cohen's "poor accounting" practices consistently benefited him. Sheriff Craig Findlater described Cohen as a "troubled man" with an undiagnosed mental disorder. He must complete 300 hours of unpaid work and will be supervised for 18 months.

 

The Press and Journal

The Scottish Land Court has dismissed a long-running eviction case against a tenant farmer on the outskirts of Glasgow, ruling that a nearly 20-year delay in pursuing the action made a fair trial impossible. The court found the delay to be "inordinate" and "inexcusable", noting that both original parties and multiple witnesses had died, severely undermining the reliability of any evidence. Stewart Miller, whose family has farmed Flenders Farm for more than 140 years, said the decision brought an end to nearly two decades of uncertainty. The ruling is understood to be the first time the Land Court has formally confirmed its power to strike out proceedings for excessive and unjustified delay.

 

BBC News

David Toshack, a trainee prison custody officer, has told an employment tribunal he was unfairly dismissed by GeoAmey for refusing to use a transgender prisoner's chosen pronouns, citing his Christian beliefs and views on biology. He claims he offered a compromise by using the prisoner's chosen name but not female pronouns, but was sacked after a brief meeting just days before completing training. GeoAmey says it will present its evidence to the tribunal, while free speech campaigners have backed Toshack and accused the firm of discrimination.

 

BBC News

The Health Secretary has stated that instructing the Scottish Hospitals Inquiry to investigate political decisions would breach legal protocols. Scottish Labour leader Anas Sarwar proposed a motion to have inquiry chairman Lord Brodie examine the Scottish Government's role in the Queen Elizabeth University Hospital's commissioning and construction. Sarwar highlighted the need for testimony from former ministers, including Nicola Sturgeon. He warned that without scrutiny, the inquiry's findings could misrepresent the Government's responsibility. The Health Secretary acknowledged the concerns but insisted that the inquiry's independence must be maintained under the Inquiries Act.

 

Border Telegraph

Angela Constance, Scotland's Justice Secretary, has insisted that women's rights remain a priority amid a judicial review of the Scottish Prison Service's transgender policy. The review, initiated by For Women Scotland, challenges the Government's delay in implementing changes following a Supreme Court ruling linking sex to biology. Constance rejected claims that women's rights have been deprioritised, stating: "I will dispute vigorously the suggestion that women's rights have fallen down the agenda." The current policy allows transgender women to be housed in female prisons if they do not pose an "unacceptable risk of harm."

 

Herald Scotland

German prosecutors have raided Deutsche Bank's offices in Frankfurt and Berlin as part of a money-laundering investigation into the bank's past dealings with companies engaged in money laundering. German media reported the case carries possible links to Russian billionaire Roman Abramovich.

 

Financial Times

BBC News

Scotland has become the first UK nation to mandate the installation of swift bricks in new buildings, following a vote by the Scottish Parliament. The law aims to protect endangered cavity-nesting birds, particularly swifts, which have seen a 60% decline since 1995. Minister Gillian Martin stated: "This iconic species was once a very common sight across Scotland... but they are under threat." The legislation contrasts with England, where similar measures have faced delays.

 

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