A new report from the Mental Welfare Commission for Scotland has revealed that the proportion of emergency detention certificates (EDCs) authorised with the consent of a mental health officer (MHO) has fallen to 38.6%, down from 56.0% in 2014-15.

The Commission says that this marks a decade of decline in an important safeguard intended to protect the rights and liberty of individuals detained under mental health legislation.

In the announcement, the Commission says:

“The data from our 2024-25 report confirms that EDCs without MHO consent are no longer exceptional, contrary to Recommendation 12.8 of the Scottish Mental Health Law Review, which explicitly states that such instances should be rare.

“Regional disparities are pronounced. On the Scottish mainland, MHO consent rates during 2024-25 ranged from 27.0% in NHS Greater Glasgow and Clyde up to to 81.4% in NHS Dumfries and Galloway. Boards that previously demonstrated high performance have seen substantial declines since 2016: NHS Tayside fell from 80.0% to 47.6%; NHS Fife from 77.0% to 43.1%; and NHS Highland from 74.0% to 59.4%.

“Age-based disparities further compound concerns. Individuals under the age of 25 are the least likely to have an MHO involved, with a consent rate of just 32.0%, compared to 36.8% for those aged 25 to 64 and 44.5% for those aged 65 and over. The most vulnerable individuals requiring the protection of mental health legislation are therefore now less likely to benefit from independent scrutiny at the point of detention.”

Further details can be found here.

The full report is here.

This feed was drawn from the Society of Solicitor Advocates website

In historic ceremonies at the Court of Session, four new Senators of the College of Justice were sworn in last week.

It marks the first time people of south Asian heritage have been appointed as Senators, and the first time a solicitor advocate from a major firm of solicitors has been appointed direct to the Supreme Courts.

In four separate ceremonies, Lady Anwar, Lord Ewing, Lord Ghosh and Lady O’Neill, were all installed as Senators of the College of Justice. Lord Pentland, Lord President of the Court of Session, administered the Oath of Allegiance and the Judicial Oath before inviting them to take a seat on the bench.

“I warmly congratulate the new Senators and very much look forward to working with them,” said the Lord President. “Their diverse knowledge and experience will be a hugely beneficial addition to the bench and they will provide the high quality impartial justice the people of Scotland expect from their judiciary.”

“The senior judiciary must reflect the society we serve. Those thinking of becoming judges should take confidence that, no matter one’s background or path in the law, becoming a member of the senior judiciary is open to you and based solely on merit,” he said. “Like the appointment of Lady Cosgrove thirty years ago, these appointments mark a welcome and historic step in further broadening the diversity of the senior judiciary.”

The Lord President added, “Most people never find themselves in a court room, but they can be confident that if they do, they will be met by judges who are impartial, independent and committed to the rule of law.”

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

Legislation to extend candidacy rights at council elections to Commonwealth citizens with limited leave to remain has been introduced into the Scottish Parliament.

The Scottish Local Government Elections (Candidacy Rights of Commonwealth Citizens) Bill will rectify an issue concerning Commonwealth citizens in local government elections.

At present, while citizens from outwith the Commonwealth with limited leave to remain can stand for election to local councils, Commonwealth citizens with the same status cannot. For example, a United States citizen with limited leave to remain can stand in a Council election but a Canadian citizen with limited leave to remain cannot.

This group of people were unintentionally left out of the Scottish Elections (Representation and Reform) Act 2025 which extended candidacy rights to foreign nationals with limited leave to remain. The 2025 Act was passed unanimously by the Scottish Parliament.

There is no impact on candidacy rights for MSPs.

This feed was drawn from the Society of Solicitor Advocates website

His Majesty The King has approved the appointment of Lord Briggs of Westbourne as the next President of the Supreme Court.

The King made the appointment on the advice of the Prime Minister and Lord Chancellor, following the recommendation of an independent selection commission.

Lord Briggs will take up his new role in January 2027, when the current President, Lord Reed, retires. Lord Briggs will be the Court's fifth President since it was established in 2009.

“It is a great privilege to be appointed President of the Supreme Court and to serve the public by upholding the rule of law,” said Lord Briggs. “I look forward to working with colleagues across the Supreme Court and the Judicial Committee of the Privy Council to deliver justice of the highest quality, transparency and accessibility.”

The current President, Lord Reed of Allermuir, welcomed Lord Briggs’ appointment.

"I am very pleased that Lord Briggs has been appointed to be the next President of the Supreme Court,” he said. “He is a judge of the highest distinction, with previous experience of judicial leadership. He has also demonstrated his commitment to increasing the accessibility and efficiency of the Justice system, both in domestic cases and in those heard by the Judicial Committee of the Privy Council. I wish him well in his new role."

The announcement can be found here.

This feed was drawn from the Society of Solicitor Advocates website

The Government has announced that family firms and businesses across the country will be freed from excessive, time-consuming paperwork, with the publication of further plans to slash outdated reporting rules.

It believes that while corporate reporting keeps firms transparent and investors informed, today’s rules are too complex and burdensome for every business, from multinational companies to the removals firm down the road.

Currently, the rules can see small chains of cafes and hotels or a furniture manufacturer having to having to spend thousands of pounds on reports, a nonsensical position for a business owner to be in when they’re busy trying to provide the best for their customers.

The Government has therefore put forward proposals for simpler reporting rules for SMEs, exempting more businesses from audits, whilst also moving to a digital-first approach by making electronic communications to shareholders the default, ending reliance on piles of paperwork.

A consultation will open on 7^th September 2026 and will close for responses on 30^th November 2026.

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

Families who have lost loved ones to asbestos and other dust-related diseases will get higher compensation payouts, when new legislation is approved.

At the moment, workers who develop asbestos-related and dust-related diseases like mesothelioma and pneumoconiosis caused by their work can claim a one-off payment from the Government if they haven’t already secured compensation from their employer.

This is often the only option available to sufferers, since it can take years for these diseases to develop, meaning the employer responsible has usually gone out of business by the time someone is diagnosed.

However, under the current system the payment is passed to their grieving family at a reduced rate if it is paid after the sufferer dies. On average, sufferers receive £17,700, while dependants receive £10,700 - a shortfall of £7,000.

The Government has now laid legislation to end this injustice, so dependants will receive the same rate as sufferers, in full. It means families are no longer penalised twice, first by their loss, then by an unfair system.

“Families who have lost a loved one to a disease caused by their work deserve our support, not a system that treats them as an afterthought,” said Sir Stephen Timms, Minister for Social Security and Disability. “Today we’re fixing it. Fairer, simpler, clearer support for families, at an incredibly difficult time in their lives.”

The changes will come into force on 31^st October 2026 subject to Parliamentary approval.

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

Four new Sheriffs - Imran Bashir, Jennifer Gear, James MacDonald and Moira Price - have been appointed:

• Jennifer Gear will take up her appointment to the Sheriffdom of Grampian, Highland and Islands, based in Lerwick, on 7^th September 2026.
• Moira Price will take up her appointment to the Sheriffdom of North Strathclyde, based in Oban and Campbeltown, on 7^th September 2026.
• Imran Bashir will take up his appointment to the Sheriffdom of South Strathclyde, Dumfries and Galloway, based in Dumfries, on 7^th September 2026.
• James MacDonald will take up his appointment to the Sheriffdom of South Strathclyde, Dumfries and Galloway, based in Dumfries, on 7^th September 2026.

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

Following a consultation on compulsory purchase orders (CPOs) which found widespread support for change, the Scottish Government plans to bring forward legislation to ensure they can be used to their full potential.

Plans include:

• introducing a single Compulsory Purchase Act to make the approval process faster and more certain
• providing more flexible powers, rather than authorities having to acquire land permanently in all cases
• digitising the process by allowing CPO notices and documents to be served electronically, with consistent data standards
• reviewing compensation rules to ensure they are fair to owners and acquiring authorities

“The legal framework governing compulsory purchase in Scotland is old, complex and fragmented, with core parts of the legislation dating back almost two centuries,” said Public Finance Minister Hannah Mary Goodlad. “In modernising the system, we want to encourage authorities to make positive and proactive use of their powers. This can help deliver projects ranging from bringing empty homes back into use to major infrastructure development.

“At the same time, we are clear that a reformed system needs to ensure that those affected are given opportunities to challenge, are treated with respect and are compensated fairly,” she added. “These proposed changes will make Scotland’s CPO system simpler, more streamlined and fairer for all.”

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

The Scottish Sentencing Council’s sentencing guidelines on rape offences have been revised to take into account amendments to legislation passed by the Scottish Parliament. The revised guidelines were approved by the High Court on 20^th August and will take effect on 1^st September 2026.

The legislative amendments relate to the court’s consideration of non-harassment orders (NHOs) for these offences and are introduced by sections 107 and 108 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.

The new legislation will require courts to make the presumption that an NHO be granted for these offences without an application from the prosecutor (as is currently the case). This will broadly follow the same procedure for NHOs in domestic abuse offences.

The amendments also mean that, where the offence is against a partner or ex-partner, the court will take into account any previous bail conditions restricting contact with the victim or victims when considering an NHO. The guideline on rape offences has been revised to reflect this.

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

Following the appointment of Sheriff Principal Anwar KC as a Senator of the College of Justice and the retirement of Sheriff Principal Murphy KC, the Lord President, Lord Pentland, has appointed Sheriff Principal Gillian Wade KC as President of the Sheriff Appeal Court and Sheriff Principal Catherine (Kate) Dowdalls KC as Vice President.

The appointments will take effect from 24^th August 2026.

“I would like to thank Sheriff Principal Anwar KC and Sheriff Principal Murphy KC for their significant contributions to the work of the Sheriff Appeal Court.  Their leadership, expertise and dedication have been greatly valued,” said the Lord President.

"I am grateful to Sheriffs Principal Wade KC and Dowdalls KC for taking on the roles of President and Vice President,” he added. “Both bring considerable judicial experience to their new roles, and I am confident that they will provide strong leadership for the court and continue its important work in serving the people of Scotland.”

The Sheriff Appeal Court deals with appeals in civil cases from the sheriff courts and hears summary criminal appeals from both the sheriff and justice of the peace courts. As President and Vice President, Sheriff Principal Wade KC and Sheriff Principal Dowdalls KC will provide leadership to the court and support its continuing role within Scotland’s judiciary.

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website