Scotland

The UK Supreme Court has told the UK and Scottish governments that it will consider the issue of whether the latest independence case is premature at the same time it considers the substantive issue of whether it is competent. It made the comments in a reply sent to both sides after the Advocate Gen

Scotland's Lord Advocate, Dorothy Bain QC, has referred the provisions of the Scottish Independence Referendum Bill to the UK Supreme Court. The bill was introduced yesterday and proposes that a consultative referendum be held on 19 October 2023, Scottish Legal News reports.

Hundreds of Kenyans will be allowed to take legal action at Scotland's Court of Session against one of the world's major tea producers. Current and former employees of Finlays, whose roots lie in 18th century Glasgow, allege they suffered severe health problems as a result of working on farms operat

Scotland's High Court of Justiciary has refused an appeal against extradition by an Irish citizen who claimed he was at risk of having to “slop out” the chamber pot of his prison cell if he were returned to Ireland to serve a custodial sentence. It was argued by Kevin McGourty that there

The 4,000 people accused and executed for witchcraft in Scotland are to receive a posthumous pardon after the Scottish government lent its support to the move. Claire Mitchell QC leads Witches of Scotland, which has campaigned for a pardon, a government apology and an official monument for the victi

Scotland is to introduce 'sobriety tags' for offenders who commit alcohol-fuelled crimes. Offenders guilty of such crimes will have to wear the tags upon their release. The devices will trigger an alarm if the wearer has a drink during their probation period.

Certain provisions of bills passed by the Scottish Parliament are outside its legislative competence, the UK Supreme Court has ruled. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (UNCRC) and the European Charter of Local Self-Government (Incorporation) (Sc

The victims of historical abuse at Celtic Boys Club are to take legal action in one of the first cases of its kind in Scotland. The class action case will see the club facing a claim in Scotland's highest civil court of many millions of pounds in damages. There are around 25 people seeking damages f

Criminal defence lawyers in Scotland are taking part in a one-day boycott of custody hearings to protest them being scheduled on a court holiday. Scotland's most senior judge, the Lord President, Lord Carloway, announced last year that such courts would be convened on court holidays despite the defe

Possession of class A drugs such as heroin, cocaine and MDMA may incur a police warning rather than prosecution under a new "diversion from prosecution" policy for drugs announced by Scotland's Lord Advocate, Dorothy Bain QC. In a statement, Ms Bain said: "I have decided that an extension of the rec

Draft legislation to provide for a fresh referendum on Scottish independence has been published by the Scottish government ahead of the May elections. Ministers say it will be up to the government formed after the elections to consider whether to formally introduce its proposed Scottish Independence

A legal case arguing that the Scottish Parliament should be able to pass a law to hold an independence referendum without the consent of the UK government has failed in the Court of Session in Edinburgh. Declarator to this effect was sought by Martin James Keatings. He also argued that no amendment

Scotland is becoming a state in which the population is forced to conform to the vision and values of the ruling elite, a new book argues. In The Justice Factory: Can the Rule of Law Survive in 21st Century Scotland?, author Ian Mitchell suggests that the country is on the road to becoming an author

The first criminal jury trials in Scotland since the start of the COVID-19 crisis have been hailed as successes. Trials have successfully taken place at the High Court in Edinburgh and in Glasgow, using multiple courtrooms in order to adhere to physical distancing guidelines, our sister publication

Scottish lawyers who visited Ireland to learn about the conduct of sexual offence trials here have called for complainants in Scotland to be given their own legal representation when applications are made to lead evidence of bad character or sexual history. Solicitors Eamon Keane and Tony Conve