Legal Matters Scotland
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27th October 2025

A free early morning round up of news for legal professionals across Scotland.
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COURTS
More courts and investment needed to ease backlog
Scotland's courts are facing a significant backlog, with projections indicating over 2,400 scheduled High Court trials by March 2030. Malcolm Graham, chief executive of the Scottish Courts and Tribunals Service (SCTS), has highlighted that the average wait for a trial could increase from 42 weeks in 2025 to 136 weeks by 2030. He has warned that additional courts and investment will be needed to alleviate the pressures. Mr Graham said: "Every case that comes into the system is somebody that's waiting for justice, and in the High Court, it is victims of the most serious crimes that have impacted significantly on peoples' lives." he added: "The impact of delays and the uncertainty of that on people is huge, and that's uppermost in my thoughts in terms of why we need to prioritise this part of the system."

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POLICING
Thousands of arrest warrants unserved across Scotland
Police Scotland figures show more than 10,000 arrest warrants remain outstanding, including for serious crimes such as murder and rape. As of September, the force had 10,064 unexecuted warrants, among them seven for murder, five for attempted murder, 40 for rape and over 1,250 for assault. The backlog comes amid a decline in police numbers, which have fallen from just over 17,400 full-time equivalent officers in 2020 to 16,427 this year. Scottish Labour said the figures were "deeply concerning" and warned that understaffing was putting public safety at risk. Police Scotland said it prioritises warrants based on threat and risk and continues efforts to track down high-risk offenders.
Police Scotland warns of inquiry costs
Police Scotland has raised concerns that escalating legal fees from public inquiries are undermining its ability to combat crime. The force said: "The current processes for setting and monitoring costs are not fully adequate." A Holyrood committee is expected to recommend stricter controls on inquiry budgets and timelines in an upcoming report.
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CASES
First Minister offers to meet Bayoh family
First Minister John Swinney has said he is willing to meet the family of Sheku Bayoh following the resignation of Lord Bracadale as chair of the public inquiry into Mr Bayoh’s death. Lord Bracadale stepped down after concerns were raised about private meetings with the family, prompting the Scottish Police Federation to say his position had become “untenable”; the inquiry’s legal team has also resigned. The Scottish Greens have urged the government to appoint a new chair swiftly, warning that further delays would be “devastating” for the family, who have been seeking answers since Mr Bayoh died in police custody in 2015. Mr Bayoh’s lawyer, Aamer Anwar, said the resignations risk setting the inquiry back by years and criticised what he described as institutional failings within the justice system.
Capita sued by 600 Scots after data breach
More than 600 Scottish victims are suing outsourcing firm Capita after a massive cyber-attack in March 2023 exposed personal data, including home addresses, passport images, and financial details. The UK's Information Commissioners Office fined Capita £14m, citing serious security failings and delays in containing the breach. The hack affected 325 of the company’s 600 pension schemes, causing significant distress to those impacted. Capita CEO Adolfo Hernandez said cybersecurity measures have been strengthened, while the ICO criticised the firm for failing to protect sensitive data.
PRISONS
Scotland's prison population hits record high
Scotland's prison population has reached a record high of 8,430, surpassing the previous peak of 8,420, according to the Scottish Prison Service (SPS). The prison estate's capacity is 7,805, indicating a need for new facilities. Despite early release schemes implemented by the Scottish Government, overcrowding persists. SPS chief executive Teresa Medhurst announced: "We have now reached a new record high – an unfortunate landmark which none of us wanted to see." Critics, including Scottish Conservative justice spokesman Liam Kerr, blame the SNP for failing to address the crisis effectively.
EMPLOYMENT
Workers' rights reforms threaten the jobs market, think-tank warns
The Resolution Foundation has warned that Labour's proposed Employment Rights Bill could harm the jobs market, suggesting that the legislation, which includes a day-one right against unfair dismissal, may inhibit hiring and lead to a crisis in tribunal courts. Ruth Curtice, chief executive of the foundation, said: "Moving to day one rights for unfair dismissal is high risk and should be amended in the Bill before it's too late." While the foundation backs much of the legislation, including proposals to enhance sick pay and eliminate most zero-hours contracts, it warned that changes to unfair dismissal rules risked damaging the economy. The Office for Budget Responsibility has already warned that the Bill could have a negative impact on jobs, prices, and productivity.
COMPENSATION
FCA chief set for motor finance talks
Nikhil Rathi, chief executive of the Financial Conduct Authority (FCA), will look to garner support for an £11bn consumer redress scheme for mis-sold motor finance during a trip to the US. Mr Rathi will travel to Detroit and is set to hold talks with at least one of the car manufacturers that are expected to compensate consumers. He recently told the House of Lords Financial Services Regulation Committee that he has "personally spoken to a number" of the car manufacturers affected by the regulator’s plan. The proposed compensation scheme aims to provide redress to consumers, with the motor finance divisions of the car manufacturers expected to cover 47% of costs. The City watchdog's proposal has faced significant backlash from lenders, who argue it is disproportionate. The FCA is currently consulting on the plan before finalising its rules.
HOUSING
Edinburgh councillor demands transparency on landlords
Cllr Ross McKenzie has called for public disclosure regarding how Edinburgh Council handles landlords deemed unfit by housing tribunals. He is seeking clarity on the council's enforcement actions following tribunal decisions. The upcoming council meeting will discuss his motion, which aims to strengthen enforcement in the private rental sector. The call follows a report by Living Rent, which highlighted insufficient enforcement and cited cases of landlords breaching tenancy laws. Cllr McKenzie said: "It is unclear what process is followed when a decision is made against a landlord." The council has received numerous complaints about unregistered landlords since 2017.
CRIME
Scotland's shopkeepers adopt crime-fighting app
Scottish retailers are increasingly using the 'Most Wanted' Auror app to tackle a surge in shoplifting, with hundreds of stores logging repeat offenders and sharing intelligence across a network. The technology records descriptions, behaviour, and stolen items, allowing shops to strengthen security, detect patterns, and provide evidence to police. Auror's analysis suggests that just 10% of offenders are responsible for more than 70% of retail crime, with recent arrests linked to dozens of thefts worth tens of thousands of pounds. The move comes amid soaring shoplifting rates in Scotland, with 47,381 incidents reported last year.
FIRMS
TLT welcomes new licensing lawyer
Chloe Crawford has joined TLT as an associate solicitor in Glasgow, moving from Miller Samuel Hill Brown. Stephen McGowan, partner and head of licensing in Scotland, said: "Chloe's arrival demonstrates that we have no intention of slowing down."
INTERNATIONAL
Two arrested over Louvre theft
French police have arrested two suspects linked to the €88m jewel theft from the Louvre museum. The arrests occurred at Charles de Gaulle airport and in Seine-Saint-Denis, where both men, in their 30s, were known to police for previous robberies. Paris public prosecutor Laure Beccuau said that the investigation involves over 100 officers and has yielded more than 150 DNA samples. She has expressed concern over media leaks that could hinder the investigation.
LOCAL GOVERNMENT
Scottish Borders Council earns national accolade
Scottish Borders Council's financial inclusion team has achieved national accreditation under the Scottish National Standards for Information and Advice Providers (SNSIAP). This recognition, granted by the Scottish Legal Aid Board, followed a thorough audit of service delivery, casework, and community engagement. Robin Tatler, executive member for public safety and resilience, remarked: "The financial inclusion team is a vital council service, which supports individuals with welfare and financial advice."
 


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