The Scottish criminal justice system operates with a number of core principles. One of the most important is the concept that crime should not pay. After a person is convicted of a crime that they have financially benefitted from, the Crown can ask the Court to make a Confiscation Order under the Proceeds of Crime Act 2002. This is the route by which the criminal justice system seeks to remove financial gain from offending. 
Few expressions in criminal justice attract as much scrutiny as this one, and in recent days it has moved to the centre of controversial public debate. In the wake of widespread reporting on former First Minister Nicola Sturgeon’s police interview, two words have been dissected, criticised, and, in many quarters, plainly misunderstood. It is, then, an apt moment to move beyond the noise and examine what “no comment” really means, and why it remains so significant in Scots criminal law.
The Scottish Parliament’s decision to reject the Assisted Dying for Terminally Ill Adults (Scotland) Bill leaves the legal position in Scotland unchanged, but it does not bring the underlying questions to an end. Cameron Irons, one of our criminal defence solicitors, considers what the decision confirms about the operation of Scots criminal law, how responsibility for another person’s death is assessed in the absence of statutory regulation, and how Scotland’s approach compares with ongoing legislative developments in England and Wales.
Significant reforms to the structure of criminal verdicts and jury decision‑making will come into force in Scotland on 1 January 2026, marking one of the most consequential procedural changes in the modern era of Scots criminal law. These reforms arise from the Victims, Witnesses, and Justice Reform (Scotland) Act 2025, and represent the first stage of its implementation.
Our firm reaffirmed its standing as a leader in Scottish criminal law as two of our partners delivered key presentations at the annual CLT Criminal Law Conference in Glasgow yesterday. This event brought together leading professionals to discuss key developments over the last 12 months in criminal law in Scotland.
We are delighted to welcome Laurelle Johnstone to our Criminal Law team. With experience in both prosecution and defence, Laurelle brings valuable insight and practical knowledge to our Department.