A sharp slice of what matters in Scottish law
Scottish Edition
9th February 2026
 
THE HOT STORY
Scottish judges urged to rethink short sentences
The Scottish government is being urged to discourage judges from issuing prison sentences shorter than two years to address the rising prison population. Justice Secretary Angela Constance established the Scottish Sentencing and Penal Policy Commission, which recommends extending the current presumption against short sentences from one year to 24 months. The report highlights that Scotland's prison population reached a record high of 8,420 last October. Constance said: "There is no silver bullet but these considered recommendations can help us achieve a sustainable prison population." A national decarceration plan is also proposed.

 
SENTENCING
AI's role in criminal justice debated
Martyn Evans, chairman of the Scottish Sentencing and Penal Policy Commission, is advocating for the use of artificial intelligence (AI) in assessing the risk of releasing offenders. He believes AI can assist judges in making informed decisions about jail time and community service. The commission aims to reduce prison populations by nearly half over the next decade, proposing alternatives to short sentences. However, concerns about AI's accuracy and potential for "hallucination" remain significant.
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PRISONS
Prisoners used as drug guinea pigs
The Prison Officers' Association (POA) Scotland has reported that prisoners are being exploited to test new drugs, leading to a surge in overdoses. Overcrowding in prisons has hindered staff's ability to manage the situation effectively. In 2025, drug overdoses reached 64, a significant increase from previous years. Phil Fairlie, assistant general secretary at POA Scotland, said: "The increasing figures for prison overdoses are symptomatic of the conditions our members are finding daily inside our prisons." The Scottish Government is under pressure to address the crisis and reduce the prison population.
CASES
Man jailed for EasyJet flight sexual assault
A man has been sentenced to six years in prison for attempted rape on an EasyJet flight from Naples to Edinburgh. The incident occurred on May 13, 2025, when Nicola Cristiano, 45, moved seats to sit next to his victim. He assaulted her by grabbing her hand and neck, attempting to force her to touch him. After the woman alerted cabin crew, Cristiano was arrested upon landing. Judge Alison Stirling stated: "Custody is the only appropriate sentence with regard to the serious nature of the offending."
Four charged over 'salmon-selling fraud'
Four individuals have been charged with fraud after allegedly mis-selling salmon to Aldi. The defendants, who worked for Bleiker's Smokehouse, are accused of falsely labelling salmon as RSPCA-assured and Scottish, when it actually originated from Norway. The charges stem from an investigation by the Food Standards Agency's crime unit.
Scottish Power fraudster back in court
Emma Hunt, a 40-year-old serial fraudster, has pleaded guilty to defrauding Scottish Power of £176,000. Previously sentenced to three years for embezzling £899,164.77 from an Edinburgh property firm, she was released on licence in February 2023. Hunt failed to repay £211,436.91 under Proceeds of Crime legislation, leading to her recent incarceration. She created a fraudulent scheme while employed by Scottish Power, submitting false job references and altering invoices.
INDUSTRY
Lawyers must embrace personal branding
Rob Aberdein, Group Managing Director at Simpson & Marwick, argues that in today's legal market, clients choose people - not firms - making a lawyer's personal brand crucial for building trust and attracting work. A strong digital presence through LinkedIn posts, videos, articles, or webinars reassures clients, strengthens the firm's reach, and enhances recruitment and retention. Aberdein adds that personal branding is not about ego or extroversion; it's consistent, authentic communication that makes lawyers memorable, deepens client loyalty, and future-proofs their professional value.
THE LAW
Government faces legal threat over religious opt-out
Human rights charities have warned that the Scottish Government could face legal action unless children are allowed to independently opt out of religious observance at school, rather than only following parental requests. The Humanist Society Scotland and Together argue that the current bill leaves non-religious children without meaningful choice, potentially breaching UNCRC Article 14 and echoing concerns from the recent JR87 Supreme Court case.
Union demands new law for transport workers
The RMT union is calling for a new law in Scotland to protect transport workers from a surge in assaults, including spitting, threats, and attacks, following a 43% rise in incidents against rail staff last year. The union says stronger legal protections should be paired with increased staffing and police presence to reduce risks on public transport.
Holyrood backs cosmetic procedure law
The Scottish Parliament has approved the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill, aimed at regulating cosmetic procedures like Botox and fillers. The legislation mandates that only registered healthcare professionals can perform these procedures and prohibits them for individuals under 18.
CRIME
Nicky Campbell spearheads fight for survivors' justice
Broadcaster Nicky Campbell speaks to the Sunday Times about the sexual and physical abuse he endured and witnessed at Edinburgh Academy decades ago, and how he confronted his trauma after a 2022 BBC investigation highlighted abuse in elite Scottish schools. Although Campbell himself was not abused by one of the most notorious perpetrators, former teacher Iain Wares, he witnessed close friends being molested, an experience that continues to haunt him. The broadcaster has since campaigned with other survivors to seek justice, supporting investigations by the Scottish Child Abuse Inquiry and efforts to extradite Wares from South Africa to face dozens of historical abuse charges. Campbell described the process as emotionally exhausting but transformative, enabling him to give survivors a voice and hold institutions to account. Speaking of Wares, he says: "I just want to get him out of South Africa and into the High Court in Edinburgh." 
FIRMS
Baker McKenzie to cut roles amid AI shift
Baker McKenzie plans to reduce its global business services team by approximately 600 roles, representing less than 10% of the workforce. The firm cites increased reliance on AI as a key factor in this decision. A spokesperson said: "We recently undertook a careful review of our business professionals functions," aiming to enhance efficiency and adapt to client needs. The restructuring reflects a broader trend in the legal sector, where firms are increasingly utilising AI for various tasks. Other firms, including Clifford Chance and Freshfields, have also announced similar job cuts.
Brodies expands Glasgow office space
Brodies has expanded its Glasgow office by leasing an additional 10,544 square feet at 110 Queen Street, increasing its total space to 36,374 sq ft. The firm has also committed to a ten-year lease extension, securing its presence until September 2035.
CORPORATE
Mid-sized firms boost apprenticeship hiring
Research from BDO reveals that over half of Scotland's mid-sized businesses plan to increase apprenticeship hiring in 2026. The survey of 500 leaders shows that 39% will start hiring apprentices, while 16% will expand their current numbers. Mark McCluskey, regional managing partner at BDO, noted the shortage of high-quality, degree-level apprenticeships. He suggested a national programme linking local businesses with schools could improve access.

 

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