Legal Matters Scotland

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

SENTENCING
Scottish criminals facing 'perpetual' prison sentences
Sex offenders and violent criminals in Scotland are at risk of perpetual prison sentences due to the lack of structured rehabilitation schemes. Lady Poole, a judge, warned MSPs that passing life-term legislation without providing adequate means for rehabilitation could breach human rights. The warning came after a convicted rapist, Ben Slee, brought a judicial review to the Court of Session, claiming that he had not been given access to a rehabilitation scheme. Lady Poole agreed with Slee's advocate that his human rights had been breached and stated that passing legislation without proper planning for prisoners' rehabilitation could lead to further human rights violations. The judge described Slee's crimes as "despicable" but emphasised that his inability to access the rehabilitation course compromised his ability to demonstrate reduced risk to the Parole Board.



 
INDUSTRY
Law Society to launch thematic review on suspicious activity reports
The Law Society of Scotland's anti-money laundering (AML) team will conduct a thematic review on suspicious activity reports (SARs). The review aims to gain insight into the profession's compliance with obligations under the Proceeds of Crime Act, the Money Laundering Regulations, the Terrorism Act, and Legal Sector Affinity Guidance. The review will be conducted in four stages, including the issuance of a questionnaire to selected practices, analysis of the results, case studies based on answers received, and testing the quality of SARs. The findings will be published in an anonymous report, highlighting areas for improvement and providing practical help and support for firms.


Spring into action and join the list for Plug & Play Law

Plug & Play Law gives you more of the fees you generate; complete freedom of how, where and when you work; and allows you to focus on doing the legal work that you love to do. Is it time to take action this Spring and plan your next move in legal practice? If you join the Spring Plug & Play Law Waitlist you will become part of Inksters' inner circle community, giving you priority access and information. In particular, you will find out soon if Plug & Play Law is a good fit for you. Spring into action and join the Plug & Play Law waitlist now!

Read more

 
HOLYROOD
John Swinney set to become First Minister with Kate Forbes' support
Former Deputy First Minister John Swinney is set to become Scotland's seventh First Minister, after he announced his bid for the SNP leadership yesterday, while Kate Forbes, his only likely rival in a potential contest, announced following First Minister's Questions that "the best way to deliver the urgent change Scotland needs is to join with John Swinney and advocate for that reform agenda within the Scottish Government", and that she would not therefore be seeking nomination as the party's leader. Mr Swinney has said he wants Ms Forbes to "play a significant part" in Government, and stressed that he did not see himself as an "interim leader". "I intend to lead through the Westminster election and through the 2026 election", he said, "Contests I intend to win." Responding to the day's news, polling expert Professor Sir John Curtice said the change of leadership could provide a "reset moment", saying the party needs to "get somebody in place who can unite the party, get an accommodation with the Greens and project the party and the cause of independence much more effectively than was the case for the last 12 months".
Scottish Government urged to prioritise women and girls' equality
A new report by the National Advisory Council on Women and Girl's (NACWG) highlights the lack of gender equality in policymaking within the Scottish Government. The report calls for greater accountability and prioritisation of women and girls' equality. It stresses the need for an accountability culture, improved data collection, coherent cross-government prioritisation, and recognition of gender equality in local services.
PROPERTY
Scotland positioned for boost to property investment
Research by RSM UK has found landlords expect Scotland to attract the most residential property investment in the UK outside of London and the southeast of England in the next three years. Councils north of the border have declared a housing emergency while MSPs were this week told that a lack of rural and island homes was holding back economic development. However, the Scottish Government is consulting on proposals to introduce rent controls and new heating standards in buildings, which some in the industry think may dampen investment if approved.
NHS Tayside appeals rejection of housing plans
NHS Tayside has appealed to the Scottish Government against Dundee City Council's rejection of a planning application in principle proposing the construction of up to 58 houses on the site of the former Royal Liff Hospital. While councillors raised concerns over the lack of affordable housing in the proposed development, NHS Tayside said "no technical evidence or expert opinion" had been provided to support those concerns, and that the "well-designed and high-quality" scheme would contributed towards the "delivery of much needed private housing".
CASES
Inquiry hears former advocate's insights on Sheku Bayoh investigation
The former lord advocate who oversaw the initial probe into the death of Sheku Bayoh has testified that he immediately recognised the significance of racial motivation in the investigation. Frank Mulholland, who chaired a diversity unit, drew parallels with the racist murder of Stephen Lawrence and the case of Surjit Singh Chhokar. He expressed surprise that the Police Investigations and Review Commissioner did not actively investigate race as a factor in Bayoh's death. Mulholland defended his decision to share evidence with solicitor Aamer Anwar, stating that he would do the same thing again. The Sheku Bayoh inquiry is examining the circumstances surrounding his death and the police's handling of the case.
DATA PRIVACY
Local government faces £500,000 recovery bill after cyberattack
Comhairle Nan Eilean Siar is facing a £500,000 recovery operation following a devastating cyberattack. The council's legacy digital technology infrastructure was severely hit, resulting in significant disruption. Hackers encrypted the council's servers, impacting its headquarters and other offices. It could take up to a year to resolve the situation. Malcolm Burr, the council's chief executive, estimates the final cost to be around half a million pounds. The council has taken steps to improve security and safeguard data. Approaches for funding will be made to partners such as the Scottish Government. An incident management team leads the work of rebuilding systems.
EMPLOYMENT
Unions warn Labour against watering down rights
Unions have warned Labour not to dilute its package of workers' rights, with Unite's general secretary stating that crossing a red line would occur if the party does not fully commit to delivering the 'New Deal for Working People'. The plan, proposed by Angela Rayner in 2021, includes radical changes such as banning zero-hour contracts, ensuring regular hours for 12 weeks or more, and making flexible working a day one right. Shadow ministers are discussing how to address concerns and are expected to seek union approval for the revised plan. However, Unite's Sharon Graham criticised the timing of any watering down of the plan, stating that it is ironic to do so on May Day. Tory party chairman Richard Holden accused Labour of being in chaos over whether to stick with Angela Rayner's union laws.
REGULATION
Sunak to allow oil and gas exploration at sites intended for offshore wind
Fossil fuel companies will be allowed to explore for oil and gas under offshore wind-power sites for the first time, the Government will announce today, in a move which campaigners say is further proof that ministers are abandoning the climate agenda. The North Sea Transition Authority (NSTA), which regulates North Sea oil and gas production, will confirm that it is granting licences to about 30 companies to look for hydrocarbons on sites earmarked for future offshore windfarms. The move has brought renewed criticism of Rishi Sunak from environmentalists, including from the Prime Minister’s own former net zero tsar, who worry that any future oil and gas production could hamper clean energy generation.
RETAIL
Scotland's deposit return scheme will not include glass
Wellbeing Economy Secretary Màiri McAllan has told Holyrood's Net Zero Committee that glass will not be included in Scotland's deposit return scheme (DRS), when the delayed UK-wide scheme begins operation in 2027. While the Scottish Government had planned to introduce its own DRS including glass, this was blocked by the UK Government through the Internal Market Act (IMA). Ms McAllan wrote: "Since the UK Government continues to use the IMA to block the implementation of devolved policy and has indicated it does not anticipate granting an exclusion to any nation on this matter, we have no choice but to launch a more limited DRS than Parliament voted for to ensure that we can still realise the benefits from DRS."
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

Follow us on FacebookFollow us on TwitterFollow us on Linkedin

This e-mail has been sent to [[EMAIL_TO]]

Click hereto unsubscribe