A sharp slice of what matters in Scottish law
Scottish Edition
12th August 2026
 
THE HOT STORY
Police Scotland denies arrest avoidance claims
Police Scotland has rejected claims that officers are being encouraged to avoid arrests because of limited staffing and custody capacity. Scottish Police Federation general secretary David Kennedy said station closures, fewer cells and officer shortages meant the force could no longer arrest as many people as previously. The dispute follows figures showing 83,765 people were taken into custody in 2025-26, down by 15,451 from the previous year. Police Scotland said officers use proportionate alternatives, such as recorded warnings for minor offences, so resources can focus on serious threats and vulnerable people. However, it insisted anyone requiring arrest would still be detained and that custody facilities remain available across Scotland. The Scottish Government supported the force’s position.

 
POLICING
Judge backs consent-based transgender strip searches
An English High Court judge has ruled that transgender detainees may consent to being strip-searched by an officer of a different biological sex, supporting the legal principle behind Police Scotland's interim guidance. Such searches are permitted only when the detainee, officer and a senior inspector provide written consent, while biological sex remains the standard basis. Mr Justice Linden said detention does not automatically prevent genuine consent and officers can refuse or withdraw agreement. Gender-critical group Sex Matters, which brought the case against guidance in England and Wales, may appeal, arguing that female officers could face pressure to search biologically male detainees.

 
CASES
Path cleared for lawsuits against tech giants
The 9th US Circuit Court of Appeals has ruled that Meta, TikTok, and other tech companies must face over 3,000 lawsuits alleging they designed addictive social media platforms for young users. The court determined that Section 230 of the Communications Decency Act provides a defence against liability, not immunity, making the companies' appeal premature. Lexi Hazam and Previn Warren, attorneys for the plaintiffs, stated: "A trial is how the public finds out what Meta knew about its products' impact on children." The ruling allows multiple trials to proceed, including one involving 29 state attorneys general.
Borders crime spree offender jailed for 11 years
Shane Donnelly, 27, has been jailed for 11 years after committing a series of violent crimes across the Scottish Borders in October and November. His offences included breaking a stranger's jaw, threatening business staff, setting fire to a block of flats and participating in a brutal home invasion in which two men were seriously injured and robbed. He also threatened a couple over their son's alleged drug debt and drove while disqualified. The High Court in Edinburgh heard that Donnelly had more than 50 previous convictions and had carried out "hits" for drug dealers.
Man arrested over racist attack on Glasgow delivery driver
Police have arrested and charged a 29-year-old man with racially aggravated assault after a traffic cone was thrown at delivery driver Muhammad Jawad Yaqoob during disorder in Glasgow on 25 July. The attack followed anti-immigration and anti-racism protests and was widely shared on social media. Fifteen people were arrested on the day, when around 1,700 people attended demonstrations across the city. Police Scotland said officers were examining extensive footage to identify further suspects and expected more arrests.
FIRMS
Womble Bond Dickinson expands Edinburgh team
Womble Bond Dickinson (WBD) has appointed Ainsley Reid and Keith Bishop as legal directors in its Edinburgh office, enhancing its banking and construction capabilities. Reid, experienced in property finance, has strong ties in the Scottish banking sector. Bishop, a seasoned construction lawyer, has a background in both contentious and transactional matters.
COURTS
Courts ban Meta glasses amid privacy fears
Courts in England and Wales have banned Meta glasses due to privacy concerns. His Majesty's Courts and Tribunal Service (CTS) said that anyone entering court buildings with these glasses will have them confiscated. A spokesperson explained: “There are clear restrictions on taking images or videos within courts and tribunals which is why the use of Meta glasses is prohibited.” This follows similar bans in New York and concerns over potential misuse, including a case where a claimant was accused of using smart glasses to receive coaching during testimony.
PLANNING
Campaigners seek data centre pause
Action to Protect Rural Scotland and the Environmental Rights Centre for Scotland have asked First Minister John Swinney for a meeting and an urgent moratorium on new hyperscale data centres before decisions due by Fife Council and Falkirk Council. Opponents say proposed schemes at Auchertool and Larbert would together require almost a quarter of Scotland's peak electricity demand, with planning decisions expected in the coming weeks. The groups argue uncertainty over projects labelled green data centres "appears to have created a planning loophole."
INTERNATIONAL
Police Scotland tip-off leads to priest’s arrest in US
A tip-off from Police Scotland helped the FBI reopen an investigation into former Buffalo priest Jeffrey Nowak over alleged child sexual abuse material. The original inquiry was closed in 2023 after a search found no illegal content. However, Police Scotland later referred information about a Telegram group whose members allegedly viewed and shared abusive material during Zoom calls. Investigators linked the username “PigBoy666” to Nowak, prompting the FBI to reopen the case in March 2026. A subsequent search of his New York home reportedly uncovered illegal videos on electronic devices. Nowak, 46, has been charged with receiving and possessing child pornography and remains in custody awaiting trial.
ECONOMY
Heatwaves hit UK economy hard
Ongoing heatwaves have dealt a multi-billion-pound blow to the UK economy, experts suggest. A hit to productivity and retail sales could have cost the country £3bn, says Martin Beck at WPI Strategy, although he admits there is "inevitably a wide margin of uncertainty around that figure." Heatwaves also mean the UK is paying more for electricity from Europe, with the cost of power imports in May hitting £439m - the highest monthly total ever recorded outside of the Ukraine energy crisis.

 

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