Legal Matters Scotland
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8th February 2023

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THE LAW
Call for views on Children (Care and Justice) Bill
Submissions on proposed changes to the care of children, and their treatment in the criminal justice system, have been invited as a Holyrood committee begins its scrutiny of the proposals. The Education, Children & Young People Committee is considering the Children (Care and Justice) (Scotland) Bill and has issued a call for views ahead of preparing its stage 1 report. The bill will see most 16 and 17 year olds attending a children’s hearing, rather than appearing in court. They would also no longer be held in young offenders’ institutions or prisons, but instead would be sent to secure accommodation. Changes are also proposed to how care services providing residential accommodation to children are regulated. “We want to get a thorough understanding of how the proposals in the bill might impact on people across Scotland, including young people themselves, children’s support organisations and youth justice bodies", said committee convenor Sue Webber MSP. “Please share your views on these proposals with our committee before the March 17th deadline".



 
INDUSTRY
IBA launches Professional Wellbeing Commission
The International Bar Association has announced the creation of its Professional Wellbeing Commission – a new, permanent body within the IBA dedicated to improving the wellbeing of lawyers and legal professionals around the world. A planned course of activity includes the Commission bringing together representatives of organisations from different jurisdictions, sections of the IBA, and outside experts with an interest in advancing wellbeing in the global legal community; identifying issues and concerns that are common across jurisdictions and where collaboration will be beneficial, while also highlighting and acknowledging the need for targeted jurisdictional interventions; helping to develop and disseminate the IBA Wellbeing Principles; and contributing to the creation of a global portal of resources and best practice via the Commission’s website. Co-chairs of the new Commission are Steven Richman and Deborah Enix-Ross (both USA), with tenures for two years. During this period, they will help coordinate the work of 15 commissioners, comprising an international team of IBA members and external experts.
New opportunities to help shape Scots Law and practice
Experts from the legal sector and beyond are being urged to get involved in work to shape Scots Law and legal practice. Thirty-two of the Law Society of Scotland’s 57 committees and sub-committees are looking for new committee members and conveners. Murray Etherington, President of the Law Society of Scotland said: "Having had previous experience in a committee, as a member of the Professional Practice Committee and Convener of the Insurance Committee, I can wholeheartedly say that it is a privilege to contribute to key decisions that affect the profession and wider society through committee work. The range of expertise these committees draw on allows the decisions to truly reflect the people they impact. It’s a varied and valuable experience and one I would recommend to anyone looking for a new opportunity". The deadline for applications is February 28th.
SENTENCING
Ethnic minority defendants ‘more likely to be charged than white British people’
A study commissioned by the Crown Prosecution Service (CPS) in England and Wales has found evidence of "disproportionality" in its legal decision-making processes. The service asked the University of Leeds to examine about 195,000 cases – analysing age, sex, ethnicity and crime type to look for evidence of disproportionality in decisions that led to a charge, caution or no further action. The study concluded that defendants from minority ethnic backgrounds are more likely to be charged for a comparable offense than white British people. The highest charge rate was found among white and black Caribbean suspects (81.3%), followed by white and black African (79.5%) and white and Asian (78.4%) suspects. The CPS considers a fair justice system to be a vital part of democracy and is committed to reducing the disparity and ensuring that its legal decision-making processes are fair, consistent, and transparent. In response to the findings, the CPS has established an independent Disproportionality Advisory Group to oversee further research and determine what action is needed to address the issue.
CASES
Two men charged over Peterhead death
Two people have been charged after the death of a man in Peterhead. Emergency services were called to Ives Road in the Aberdeenshire town on Sunday evening. Three men were arrested, and Police Scotland said on Tuesday that two men, aged 21 and 27, had been charged in connection with the death. A third man was released without charge. Police said the pair are expected to appear at Peterhead Sheriff Court later today. 
POLICING
Man arrested over 11-year-old girl's disappearance
A 53-year-old man has been arrested over the disappearance of an 11-year-old girl who was later found in the Scottish Borders. The child was reported missing in Galashiels on Sunday but was found in the area at about 21:30 on Monday. A huge search was launched involving specialist divers, a police helicopter and mountain rescue teams. Police Scotland said inquiries into the circumstances were ongoing. 
PRISONS
Man convicted at Glasgow High Court dies in prison custody
A prisoner, who was serving a seven-year sentence at HMP Addiewell in West Calder, has died in custody. The death of Paul McEwan Lindsay took place on January 31, 2023, at the age of 31. The Scottish Prison Service confirmed that the police have been informed and a fatal accident inquiry will be held. He was convicted in 2019 at the Glasgow High Court for assaulting a man and endangering his life.
FRAUD
Homes for Ukraine: Scottish Government warns over scam letters
The Scottish Government has issued a warning about fraudulent letters being sent to homes hosting Ukrainian refugees. The letters are not from the Department for Levelling Up, Housing and Communities or Scottish Government. The Government has advised people to visit the official website for information on the scheme and to be cautious of suspicious letters.
ECONOMY
'Every effort' being made to balance Scottish Budget
Deputy First Minister John Swinney has told Holyrood's Finance and Public Administration Committee that the Scottish Government is making "assiduous efforts" to close a £100m hole in its Budget - and that "every effort" will be made to balance the Budget "before the end of the financial year". Mr Swinney said "very rigorous scrutiny" is being applied to new spending, and noted that at this stage in the financial year "they'll tend to be more minor aspects of public spending programmes that will be coming forward", some of which could be brought forward into the next financial year.
OTHER
'Stolen' statues of Gorbals Boys playing in high heels found
Bronze statues of boys playing in high heels in Glasgow have been returned after being reported stolen. Police launched an investigation on Monday after two out of the three Gorbals Boys statues went missing from the corner of Cumberland Street and Queen Elizabeth Gardens. The sculptures are based on a photograph by Scottish-Italian photographer Oscar Marzaroli. A member of the public later spotted them abandoned on a railway embankment. The statues appeared to have been cut at the leg before being removed. They were created by local artist Liz Peden, who took inspiration from Marzaroli's photograph taken in the Gorbals in 1963. The sculptures were found alongside another local art installation, Kenny Hunter's Couch Potatoes, and have been returned to the New Gorbals Housing Association.
 


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