A sharp slice of what matters in Scottish law
Scottish Edition
30th October 2026
 
THE HOT STORY
Temporary prison cells considered amid overcrowding crisis
Scotland's Justice Secretary Neil Gray is considering temporary modular accommodation and additional prison blocks to tackle worsening overcrowding. The prison population stood at 8,517 earlier this month, exceeding the official capacity of 7,805, with projections suggesting numbers could reach 9,450 by June 2027. Ministers have added 640 places over three years and are building new prisons in Glasgow and the Highlands. Prison officers warned that early release measures had provided only temporary relief. Opposition politicians called for longer-term solutions, including reducing court backlogs, addressing remand pressures and improving staffing resources across Scotland's overstretched criminal justice system.

 
THE LAW
Scotland bans nicotine sales to under-18s
Scotland has introduced new restrictions prohibiting the sale of nicotine pouches, strips, pearls and herbal smoking products to under-18s. Under the Tobacco and Vapes Act 2026, retailers must register to sell these products by April 29, while vending machine sales and substantial discounts will also be prohibited. Public Health Minister Maree Todd said the measures would protect young people from nicotine addiction and strengthen enforcement. Scotland's chief medical officer Gregor Smith highlighted the health risks associated with nicotine dependence. Action on Smoking and Health Scotland welcomed the legislation, particularly restrictions on nicotine pouches and vape promotions targeting young people. 

 
INDUSTRY
Cherry questions Lord Advocate's prosecutorial independence
Former SNP MP Joanna Cherry KC has called for Scotland's Lord Advocate role to be divided, citing concerns about potential conflicts of interest in politically sensitive prosecutions. In evidence to Westminster's Scottish Affairs Committee, she questioned prosecutorial independence following cases involving Alex Salmond and Peter Murrell. The Lord Advocate currently heads Scotland's prosecution service while advising the Scottish Government. Cherry warned the dual responsibilities risk perceptions of bias. An independent review is underway, while ministers insist prosecutorial decisions remain legally protected from government interference under the Scotland Act.
WORKFORCE
Council workforce concerns grow over reform plans
Scotland's councils and trade unions have warned that proposed local government reforms are creating uncertainty over jobs, employment conditions and future service delivery. The Scottish Government is considering replacing 32 councils with six to 10 regional authorities and 120 to 160 community bodies, alongside separate island arrangements. COSLA, Unison, Unite and GMB called for meaningful workforce consultation, evidence-based decisions and realistic timescales, warning that restructuring would require substantial investment. COSLA spokesperson Councillor Kelly Parry urged ministers to treat councils and unions as equal partners. 
TECHNOLOGY
Ofcom makes move on age verification
Ofcom has proposed using photo ID, digital ID services, banking checks, and facial age estimation technology to verify ages for social media access when a ban on under-16s takes effect next spring. Adults may be blocked from platforms if they fail to prove their age. The Government plans to publish details of the ban by year-end, while Ofcom develops guidance for platforms to comply with the new regulations.
Tech giants face data centre crackdown
The UK Treasury has announced a new data centre "covenant" aimed at regulating AI data centre construction. Companies must adhere to rules that prevent increased energy bills, invest in local communities, and report water usage. In exchange, they will receive expedited access to grid power. The initiative aims to triple Britain's AI data centre capacity to 6 gigawatts by 2030, despite concerns over potential bureaucratic burdens and high energy costs.
REGULATION
Scottish public service complaints reach record high
Complaints to the Scottish Public Services Ombudsman rose 31% to a record 6,500 in 2025-26. Nearly 75% involved health, social care or local authority services, with the latter leading at around 33%. AI-generated submissions and wider public-service pressures contributed to the increase. Despite 17% more decisions, demand exceeded capacity and threatened longer waits in 2026-27. Scottish Public Services Ombudsman Paul McFadden said: "As these pressures increase, we continue to evolve how we work, focusing our resources and new technologies where there is the greatest need, the most significant public interest and the highest risk of injustice." 
LICENSING
Police objection over taxi licence rejected
Highland Council granted Anne-Marie Brown a taxi operator's licence despite Police Scotland objecting that the business could financially benefit her imprisoned husband, convicted rapist David Brown. Mrs Brown disputed the allegation, insisting her operation was independent. She also threatened legal proceedings over alleged council negligence and procedural failings.
CASES
Fish processor fined £245,000 over worker injuries
Peterhead-based Lunar Freezing and Cold Storage has been fined £245,000 after an employee suffered serious injuries when machinery dragged him into a conveyor mechanism. The worker sustained a fractured jaw and other injuries. Health and Safety Executive investigators found a safety guard removed during maintenance had not been replaced. The company admitted breaching workplace safety regulations and received an additional £18,375 surcharge.
PRISONS
Scotland's prison riot sparks alarm
Last month, a riot at HMP & YOI Polmont marked the worst disorder in a Scottish jail in a decade. About 30 inmates were involved, prompting officers from four other prisons to intervene. Linda Pollock, chief executive of the Scottish Prison Service (SPS), attributed the unrest to "bubbling tension" from overcrowding. Projections suggest the prison population could reach 9,450 next year, exceeding capacity by 1,650. Pollock warned that conditions could lead to violence reminiscent of the 1980s.
PLANNING
Data centres could threaten Scotland's climate targets
Campaigners have warned MSPs that approving even one hyperscale data centre could have significant consequences for Scotland's climate targets. Friends of the Earth Scotland highlighted the substantial electricity demands of proposed developments, including Chapelcross in Annan, which could consume nine terawatt hours annually. Action to Protect Rural Scotland criticised ministers for failing to engage with its concerns. Public Finance Minister Hannah Mary Goodlad said councils would receive new planning guidance before Christmas, while insisting environmental impact assessments should precede construction.
WESTMINSTER
Swinney urges action on Scottish devolution
First Minister John Swinney has urged Prime Minister Andy Burnham to turn commitments on devolution into action during Friday's National Economic Council meeting in Scotland. Joined by Deputy First Minister Jenny Gilruth, Swinney will press the UK Government to consider Scottish proposals for additional devolved powers aimed at boosting economic growth. He stressed that any reforms must respect Scotland's existing devolution arrangements and involve meaningful cooperation between governments. Burnham is expected to encourage Scottish and Welsh leaders to put political differences aside and develop regional empowerment models, allowing communities greater influence over economic development and local decision-making across the UK. 
ECONOMY
IFS: UK set for worst growth on record
The Institute for Fiscal Studies (IFS) warns Britain faces its worst decade for household income growth since records began in the 1950s, with typical disposable incomes rising just 2% over the 2020s. It criticised John Healey’s Budget as "unhelpful fiddling" unlikely to improve the economic outlook. Helen Miller, the IFS director, said: "This decade looks set to be the worst decade for growth in household incomes on record. No amount of temporary cost of living packages will fix that. We need a stronger economy." Meanwhile, the Resolution Foundation warned that cost of living measures announced in the Budget did "not live up to the scale of the challenges that Britain faces".

 

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