A sharp slice of what matters in Scottish law

The Scottish Government has proposed legislation that would allow some offenders detained in mental health hospitals to vote in Scottish Parliament elections. The change would apply to those charged or convicted of offences with maximum sentences of less than one year, and ministers say it addresses an inconsistency with people serving short prison sentences who are already allowed to vote. The SNP argues the current blanket ban breaches the European Convention on Human Rights and creates unequal treatment within the justice system. Scottish Conservatives have criticised the proposal and said they will oppose it. The measure would apply to about 20 people and still requires approval from MSPs before it can be used in the upcoming Holyrood election.

 

The Daily Telegraph

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MSPs are set to vote on the Assisted Dying for Terminally Ill Adults (Scotland) Bill today, with Health Secretary Neil Gray describing the decision as a "defining moment" after extensive debate and 175 amendments, including shortening the qualifying timeframe for terminal illness to six months. The proposal, introduced by MSP Liam McArthur, is said to have majority public support, but it has faced opposition from some medical organisations and religious groups, including the Scottish Association of Mosques, who warn that safeguards for vulnerable people may be insufficient. Concerns have also been raised by disability campaigners, with a Whitestone Insight poll for Not Dead Yet UK finding that nearly 70% of Scots believe access to care for disabled people should be improved before assisted dying legislation is considered. The survey showed similar levels of concern among disabled respondents themselves, highlighting fears about potential impacts on vulnerable groups.

 

Herald Scotland

The Press and Journal

Labour has abandoned its plans to reform copyright law for AI companies following backlash from the creative sector. Prominent figures like Sir Elton John and Sir Paul McCartney condemned the proposals as legalising "theft" of creative works. Technology Secretary Liz Kendall and Culture Secretary Lisa Nandy are set to update Parliament, likely scrapping an "opt-out" policy for AI training on copyrighted material. Nandy said: "At the moment we do not have a workable opt-out proposal on the table." The Government's plans remain stalled, with no new legislation expected in the upcoming King's Speech. Meanwhile, Encyclopaedia Britannica has filed a lawsuit against OpenAI in the US District Court for the Southern District of New York. The firm accuses OpenAI of infringing copyright and trademark laws by using nearly 100,000 of its articles to train AI models without permission.

 

The Scotsman

The Times

 

Jeff Bleich, former partner and group CEO at Dentons and now the general counsel at Anthropic, predicts that AI tools will accelerate the decline of the billable hour model in the legal profession. Speaking at the American Bar Association White Collar Crime Institute, he said: "Clients want you to solve the problem as efficiently as possible and with as little drama as possible." fellow panellist Damon Hart, lawyer at Liberty Mutual, added: "The value is no longer you putting in time. The value is your strategy, your results." Bleich went on to state that the current model creates a conflict of interest between firms and clients and that law firms need to adapt to new economic models to remain competitive.

 

Legal Cheek

Police Scotland has been fined £66,000 by the Information Commissioner's Office (ICO) for serious data protection failures. An investigation revealed that the police extracted the entire contents of a mobile phone during a criminal inquiry without proper safeguards. Sensitive data unrelated to the case was shared with an unauthorised third party. Sally-Anne Poole, head of investigations at the ICO, remarked: "This incident is a stark example of the devastating consequences of poor data protection practices on individuals." The ICO also noted that Police Scotland lacked adequate measures to ensure data security.

 

Alloa Advertiser

Central Fife Times

Addleshaw Goddard has strengthened its Scottish operations with the appointment of two new partners to its employment and construction teams. Ingrid McGhee, formerly head of employment at Weightmans, brings more than 20 years’ experience in employment law, while Stacey Cassidy joins from TLT, where she led the Scottish construction team. Elsewhere, Gillespie Macandrew has announced two new partner appointments. Caitlin Keegan from the Residential Property team and Fraser Vandal from the Employment Law team have both been promoted to partner. The firm has also confirmed a series of internal promotions spanning its Commercial Property, Dispute Resolution, Corporate, Land & Rural Business, Energy & Strategic Land and Private Client teams.

 

Scottish Legal News

Press Release

A father from Prestwick is taking South Ayrshire Council to court in a dispute over the schooling of his nine-year-old son, who has additional support needs. Stephen Clark argues that the mainstream education system is failing his son and has challenged the council's decisions to refuse both a school transfer and a request for home schooling. The council has said a move could disrupt the child's education and that there was insufficient evidence that home schooling would meet his needs. A hearing has been scheduled at Ayr Sheriff Civil Court, where Clark intends to represent himself.

 

The Daily Record

Andrew Donald, a 55-year-old man from Moray, has appeared in Inverness Sheriff Court after police seized cocaine valued at £600,000 near Fort William. Officers discovered the drugs during a vehicle search on the A82. Donald was released on bail pending further examination of the case. Detective Inspector Angus Morrison said: "This very significant recovery sends a clear message that we will not tolerate illegal drugs in our communities."

 

The Press and Journal

Four men have been convicted of a £9m VAT fraud scheme following a trial at the High Court in Glasgow. Leslie Thompson, 63, was identified as the "kingpin" of the operation, which involved evading £8,831,124 in VAT from September 2015 to June 2017. The men used the illicit funds for luxury items and properties, including a £1m home and plans for a development in Bulgaria. Sentencing is deferred until next month, with a proceeds of crime hearing scheduled for June.

 

Herald Scotland

Edinburgh could open a supervised drug consumption room next year if proposals are approved by local health officials and councillors. The Edinburgh Health and Social Care Partnership is expected to launch a 13-week public consultation in April, with sites in the Old Town, including Spittal Street and the Cowgate area, identified as potential locations. Supporters say the facility could help reduce drug-related deaths, overdoses and public injecting in the area. Any scheme would require Scottish Government funding and agreement from the Lord Advocate not to prosecute those using the service.

 

BBC News

Edinburgh News

The BBC has requested a US court to dismiss Donald Trump's $10bn lawsuit regarding a documentary that edited one of his speeches. The BBC's lawyers argue that Trump's reputation remains intact, as the documentary aired in the UK before his re-election. They assert that the court lacks jurisdiction since the documentary was not shown in the US. The BBC's case alleges a risk of a chilling effect through such litigation on reporting.

 

The Guardian

A class-action lawsuit has been filed against xAI by three teenage girls, including two minors, alleging the company’s Grok image generator used photos of them to produce and distribute child sexual abuse material. The complaint details how the girls discovered AI-altered nude images of themselves shared online. Vanessa Baehr-Jones, a lawyer for the plaintiffs, said: "xAI chose to profit off the sexual predation of real people." The lawsuit seeks damages for the mental health and reputational harm caused by the images, which were allegedly created using a third-party app that licensed Grok's technology.

 

BBC News

The Guardian