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16th December 2025

A free early morning round up of news for legal professionals across Scotland.
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THE LAW
Major overhaul proposed for sexual offence prosecutions
The review of sexual offence prosecutions in Scotland has led to 197 recommendations aimed at improving victim support and case handling. Lord Advocate Dorothy Bain KC commissioned the review, emphasising the need for a system that respects victims' needs. Susanne Tanner KC, who led the review, highlighted the importance of establishing a dedicated sexual offences function within the Crown Office and Procurator Fiscal Service (COPFS). She noted that listening to victims is crucial for effective change. The review follows a 12% increase in sexual crime convictions, with rape and sexual assault rates reaching their highest since 1989.
MSPs urged to support outdoor education bill
MSPs are being urged to support the Schools (Residential Outdoor Education) (Scotland) Bill, proposed by Tory MSP Liz Smith. The bill mandates councils to provide access to outdoor education trips for school pupils. Critics highlight potential costs, estimating implementation could reach £40m. The local authority body Cosla warns that this legal duty may necessitate changes to teacher contracts and pay. Ahead of the vote, Smith stated: "Outdoor education is one of the most rewarding experiences a young person can have during their school years. It truly is game-changing."
MSPs unite against assisted dying Bill
Adam Morris, a former head of media for the Scottish Conservatives, writes in the Scotsman that a rare cross-party intervention has emerged around Scotland’s proposed assisted dying Bill. Labour’s Michael Marra, Conservative Edward Mountain and SNP deputy leader Kate Forbes jointly set out their opposition, citing concerns over safeguards, coercion, palliative care and unmet assurances. All stressed personal experiences rather than party politics. Morris says the episode highlighted how serious, evidence-led debate on the assisted dying legislation contrasts with wider parliamentary rancour, offering a model for more constructive scrutiny ahead of a vote expected next year.

 
INDUSTRY
Vote of no confidence looms for Constance
Labour's Anas Sarwar has said that a vote of no confidence in Scotland's Justice Secretary, Angela Constance, would challenge the SNP's "culture of cover-up." Both Labour and the Scottish Conservatives have proposed motions against her, citing accusations of misrepresentation regarding child sexual abuse. Despite having 60 MSPs, the SNP may struggle as Labour, the Tories, and the Liberal Democrats collectively hold 54 votes. Sarwar warned that supporting Constance would signal tolerance for dishonesty in government, stating: "Angela Constance cannot remain in post having lied to the public."
Mother demands inquiry into grooming gangs
The mother of a grooming gang victim is urging First Minister John Swinney to initiate an independent public inquiry into the issue. She expressed her determination to hold him accountable, stating: "I will be the thorn in John Swinney's side." In an interview with the Daily Mail (Scotland), the mother highlighted the severe consequences of grooming gangs, including drugging, trafficking, and suicide risks among victims. She also called for the removal of Justice Secretary Angela Constance, accusing her of incompetence and misleading Parliament. The mother emphasised the need for transparency and action to protect vulnerable children in Scotland.
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CASES
Rowling criticises judge's handling of trans case
JK Rowling has condemned judge Alexander Kemp for alleged errors in the Sandie Peggie ruling, claiming he misrepresented a Swedish study on trans women and violent crime. Rowling described the judge's actions as "absolutely scandalous" and accused him of using "AI shortcuts" in his decision. The ruling, which found no significant risk posed by trans women in female changing rooms, has faced backlash, with Alice Sullivan from UCL stating the judge may have misinterpreted the evidence. Peggie's lawyers plan to appeal the decision, which has sparked further controversy.
Cocaine costs revealed in trial
Ramsay El Nakla, 37, has testified in the High Court in Edinburgh about his cocaine addiction, revealing he spent up to £800 daily on the drug. He admitted that cocaine took over his life during this period. El Nakla was a witness in the trial of three individuals accused of killing Ryan Munro on January 10, 2024. He stated he had been clean for months and described how he sourced crack cocaine from one of the accused. He noted that Munro appeared frightened when asked about money.
PRISONS
Family demands justice after prison death
The family of Allan Marshall, who died in custody at HMP Edinburgh in 2015, is urging the Scottish Government to implement fatal accident inquiry recommendations as law. Mr Marshall, 30, died after being restrained by 17 officers, with the Scottish Prison Service admitting his death was unlawful. First Minister John Swinney met with the family and others affected, promising to involve them in the process. Sharon MacFadyen, Mr Marshall's aunt, stated: "All the recommendations are at the moment recommendations... we want them to make them law." The family seeks accountability and reform to prevent future tragedies.
PLANNING
New byelaw limits access to holiday park
Scottish Borders Council has approved a byelaw restricting access to a £450m holiday park by Center Parcs at Huntlaw Farm, Hawick. The council deemed an 'exceptional case' for the byelaw after a consultation revealed minimal public use of the site. Nuala McKinlay, director of corporate governance, noted only four individuals expressed concerns about losing access. The byelaw aims to ensure site security, which will feature 700 lodges and create around 1,200 jobs, contributing £75m annually to the local economy.
WORKFORCE
Teachers threaten strike over fire safety
Teachers at Lenzie Academy in East Dunbartonshire may strike due to unresolved fire safety issues. The Educational Institute of Scotland (EIS) reported that 95% of its members support industrial action. Broken fire doors remain unrepaired, posing a "substantial risk to life," according to the council's own risk assessment. Bora Oktas, EIS area officer, said: "Health and safety is not optional; it is a legal and moral obligation." The council has been contacted for comment regarding the situation.
HATE CRIME
South Lanarkshire Council pledges to fight racism
South Lanarkshire Council has officially committed to combating racism and discrimination. During a council meeting on December 10, councillors approved a motion to pursue becoming a Local Authority of Sanctuary. This initiative received broad support from various political parties. Cllr Andrea Cowan, who introduced the motion, highlighted concerns over rising anti-migrant sentiments, citing a recent protest based on misinformation. She stated: "Right on the doorstep of my ward, there was a protest at a primary school fuelled by misinformation." Perth and Kinross is the only other council to make a similar commitment.
MEDIA
Trump to bring legal action against BBC
Donald Trump is to sue the BBC for defamation over the doctored clip of the US President speaking ahead of the Capitol Hill riot in 2021. President Trump previously said he could sue the broadcaster for up to $5bn. In a filing written last month, his lawyers said: "Due to their salacious nature, the fabricated statements that were aired by the BBC have been widely disseminated throughout various digital mediums, which have reached tens of millions of people worldwide. Consequently, the BBC has caused President Trump to suffer overwhelming financial and reputational harm."
 


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