Legal Matters Scotland

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INDUSTRY
Calls for automatic legal aid for abuse victims
MSPs have been urged to automatically grant legal aid to individuals experiencing domestic abuse seeking solicitor assistance. This appeal arises from a Holyrood committee's investigation into the financial challenges victims face when attempting to leave abusive relationships. The Law Society of Scotland highlighted that many victims are subjected to coercive control, which can distort their financial status, making them appear more financially stable than they are. The society advocates for extending automatic legal aid to civil cases related to domestic abuse, as current means testing can create significant financial burdens for victims. Police Scotland reported over 61,000 incidents of domestic abuse in 2022-23. The Scottish Government has initiated a pilot project to provide legal advice to affected women and children, but further support is essential to ensure victims can access necessary legal protections.
Cost-cutting to blame for decline of domestic abuse courts
Charities including Scottish Women’s Aid say cost-cutting is to blame for a rollback in the provision of Scotland’s specialist domestic abuse courts. While courts in Glasgow and Edinburgh still cluster domestic abuse cases, campaigners argue that key elements like specially trained sheriffs and prosecutors have been abandoned, diminishing support for victims. Dr Marsha Scott of Scottish Women’s Aid said the original model, proven effective but slightly more expensive, has been “shamefully” dropped. SafeLives, which is developing a national accreditation for advocacy workers, echoed concerns about the loss of specialist focus. Meanwhile, the Scottish Courts and Tribunals Service insists domestic abuse remains a priority and highlights reforms like early case management and reduced trial backlogs.
Year-long delay in power of attorney applications
Scotland is facing a backlog of 67,500 power of attorney applications, which are taking nearly a year to process. The Office of the Public Guardian is dealing with the applications, but the scale of the backlog has been described by Age Scotland as "jaw-dropping" and is a significant concern for individuals and their families. The Scottish Courts and Tribunals Service chief executive, Malcolm Graham, insisted that the key to reducing the backlog depended on the replacement of the OPG's outdated case management system. A Scottish Government spokesman said: “The operation of the Office of the Public Guardian is the responsibility of the Scottish Courts and Tribunals Service. The Scottish government is supporting the development of a new system to improve efficiency.


 
THE LAW
MSPs prepare to vote on assisted dying
MSPs are preparing to vote on the general principles of Liam McArthur's Assisted Dying for Terminally Ill Adults (Scotland) Bill tomorrow. Out of 77 MSPs who have publicly revealed their voting plans, 50 have expressed support for the Liberal Democrats' Bill. Another 28 are expected to oppose it, while 11 remain undecided. An additional 38 MSPs have yet to disclose how they intend to vote. McArthur said he was confident the Bill would gain enough support to progress to the next stage of the parliamentary process, though he warned it would be a close vote. First Minister John Swinney, Deputy First Minister Kate Forbes and former First Minister Humza Yousaf have all stated that they will not vote in favour of the Bill. Social Justice Secretary Shirley-Anne Somerville confirmed she would support the Bill, though suggested she might not vote for it at its final stage.
Swinney sets out reasons for assisted dying stance
Writing for the Courier, First Minister John Swinney sets his reasons for voting against Assisted Dying Bill. He says the current Bill offers much improved safeguards compared to previous efforts, praising "the careful and diligent work of Liam McArthur MSP who has introduced it." But, he adds, there are three reasons why he cannot vote in favour of the Bill. These are: concerns that the Bill would fundamentally alter the relationship between patients and clinicians; concerns that those who are vulnerable and who may consider themselves as a burden to their families or to the state may feel undue pressure to end their life prematurely; and concerns that there could be further developments through the judicial process that could see the provisions of the Bill extended – essentially taking in broader circumstances that would in effect go further than Parliament intends.



 
POLICING
Revenge porn cases fail to prosecute
Recent figures reveal that fewer than half of revenge porn cases reported to Police Scotland have reached the courts, with only two individuals imprisoned for intimate image abuse in the last year despite nearly 800 reports. In 2023-24, there were 781 reports, a slight decrease from previous years, yet only 215 charges were filed. Revenge Porn Helpline manager Sophie Mortimer said: "Our data continuously highlights that intimate image abuse is still one of the most significant and concerning digital harms affecting adults right now." The Scottish Government maintains that crime investigation is an independent operational matter for Police Scotland.
EMPLOYMENT
Scotland's new work deaths protocol
The Work-Related Deaths Protocol has been introduced in Scotland to enhance the efficiency of investigations into work-related fatalities. Lord Advocate Dorothy Bain KC explained: "The effective investigation of work-related deaths requires the Crown Office and Procurator Fiscal Service to work closely with many partner agencies." The protocol, signed by multiple agencies including the Crown Office and Procurator Fiscal Service and Police Scotland, aims to improve communication and collaboration, drawing lessons from past incidents like the Stonehaven train derailment in 2020. It seeks to ensure that investigations are thorough and timely, ultimately aiming to reduce the overall duration of health and safety death inquiries.
CRIME
Six detained during morning raids on gangland feuds
Police have arrested six men in early-morning raids linked to an ongoing gang feud in Glasgow and Edinburgh. The operation involved officers from the Organised Crime and Counter Terrorism Unit and firearms officers executing warrants at six properties in the area. The raids took place in Barlanark, Maryhill, Hamiltonhill, Milton of Campsie, and Wishaw. A total of 32 people have been arrested since March. The operation involved a series of assaults, shootings, and firebombing incidents in Glasgow and Edinburgh. During the operation, officers seized a quantity of class B drugs and £46,000 in cash. Investigators are also examining the potential connection between the feud and a deliberate fire attack in Craiglockhart.
HOUSING
Scotland 'leading the way in social housing'
Martin Bennett, a senior associate at Harper Macleod, praises Scotland's proactive approach to social housing, investing £3bn between 2015 and 2020 to deliver over 50,000 affordable homes. The current Affordable Housing Programme aims for 110,000 homes by 2032, with a focus on social rent. Bennett notes that Scotland's per capita investment is nearly three times that of England's. He adds that while Scotland has implemented tenant protections and rent controls, England's market-driven policies have led to rising rents and inadequate affordable housing.
FRAUD
Fraudsters use social media to extort money from pet owners
Online fraudsters are using pet details from social media to extort money and personal data from unsuspecting owners in Scotland. Emails targeting dog and cat lovers claim their pet's microchip has run out and requires renewal. The emails then request owners to click on a link and make a payment of £29. Watchdogs have warned that the transaction is a scam. New animal owners are at particular risk due to their tendency to share details of their new kitten or puppy on social media.
FIRMS
Appointments
Graham Young has been appointed as a Partner at Shepherd and Wedderburn, enhancing the firm's Clean Energy team. Elsewhere, Nicola Ker joins McKee Campbell Morrison as head of the private client department.
COVID
Pandemic inquiry costs soar to £227m
The UK COVID-19 Inquiry is projected to cost £227m, making it the most expensive investigation of its kind, according to the Taxpayers' Alliance. The inquiry, which is set to begin its seventh round of hearings, is expected to spend over £158,000 daily. John O'Connell, chief executive of the TPA, commented: "Five years on from the pandemic and yet Brits are still waiting on the inquiry to wrap up, in what is a damning indictment of the speed and agility of the British state." Paul Johnson, from the Institute of Fiscal Studies, described the inquiry as a "bureaucratic, lawyer-driven, backwards-looking, largely pointless exercise". The inquiry aims to investigate the pandemic's impact on over 65m people in the UK and is expected to conclude its public hearings by March 2026.
 


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