Legal Matters Scotland

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INDUSTRY
Legal professionals boycott SNP Government plans for juryless trials
All bar associations have joined a boycott of the SNP Government's plans for juryless trials. Solicitors have said they will not take part in the juryless trial pilot but are now considering a wider boycott in which they would not represent those facing rape charges, even if there is no immediate suggestion the trial will be juryless. This is because they fear that a decision could be taken later to try their client without a jury as part of the pilot. Simon Brown, of the Scottish Solicitors Bar Association, said all of its branches had agreed to boycott the pilot. He added: "This isn't compliant with the European Convention on Human Rights, and even if the legislation allowing it is passed, there will be legal challenges." Scottish Tory justice spokesman Jamie Greene said if a boycott goes ahead, "there would be serious implications for the rights of both the accused and especially victims".


Leading by Listening – Why hundreds of Law firms are working with Denovo

Denovo have seen a resurgence over the past few years, with hundreds of Scottish law firms turning to the Glasgow-based legal software provider to help them run their business more efficiently. Denovo’s Head of Marketing, Grant Yuill, has given his thoughts on why so many solicitors are choosing Denovo over other legal tech providers. The interview outlines Denovo’s ethos of truly listening to the issues lawyers face, while treating lawyers as the innovators. As well as touching on how the legal tech world is evolving.

Read more

 
THE LAW
New Scottish laws to prevent police officers from resigning to avoid disciplinary hearings
The Scottish Government has introduced the Police (Ethics, Conduct and Scrutiny) Bill to parliament, which aims to prevent police officers from resigning to avoid disciplinary hearings and to increase transparency and accountability in police conduct. If passed, the outcomes of misconduct hearings would be published online and officers found guilty would be banned from being reemployed in policing. Officers facing allegations would be placed on an advisory list to ensure they cannot resign to avoid being held to account. The proposed overhaul follows an independent review by former Lord Advocate Dame Elish Angiolini in 2020, and would deliver the majority of the remaining legislative recommendations made by her. Justice Secretary Angela Constance said the Bill would help strengthen public confidence in the police force.
SENTENCING
Man who raped 12-year-old girl sentenced to just three years in prison
A man in Scotland who raped a 12-year-old girl has been sentenced to just three years in prison, with the judge saying that the sentence would have been longer had the perpetrator been older. Myles Harris was 18 when he assaulted the girl at a park in Galashiels last year. The sentence comes after new guidelines were introduced to instruct judges to take greater account of a defendant's age. The Scottish Conservative shadow justice secretary, Jamie Greene, criticised the sentence, saying that the public would be furious to learn that a dangerous criminal got more than a year off his sentence simply because of his age.
CASES
Crooked solicitor jailed for embezzling £280k from dead man's estate
A solicitor from Ayr has been jailed for two years after admitting to embezzling £280,822.36 from the estate of the late William Walker Loudoun over a period of 15 months. Lynsay Kelly, who had been a solicitor with the Ayr firm of J. & A. Boyd, also passed on forged documents to investment firms and to the town's sheriff court. She committed the crime between February 14, 2018 and May 25 the following year. Kelly was jailed for two years on each charge, reduced from 36 months due to her guilty pleas.
24 Activists Face Charges for Disrupting Scottish Grand National
Twenty-four activists from across the UK are set to stand trial for causing disruption at the Scottish Grand National meeting at Ayr Racecourse on April 22. The activists are accused of trespassing and causing a breach of the peace through disorderly conduct, including gluing themselves to jumps, fences or railings, and attempting to prevent a horse race from taking place. The accused, aged between 20 and 55, are from Edinburgh, Manchester, Leeds, London, Norwich, Glasgow, Wales, Stirling, Bath and Wells. Nineteen of those named on the charges appeared in person at Ayr Sheriff Court on June 5 and pled not guilty. Sheriff Shirley Foran granted bail for all the accused who were present in court, adding a special bail condition banning them from accessing any horse racing or dog racing venues in Scotland.
Teenager Charged with Murder
A 19-year-old, Alfie Whelan, has been accused of the murder of Michael Jenkins, 24, from Cumbria, who was found dead in Fraserburgh's Watermill Road on Sunday. Whelan appeared before Peterhead Sheriff Court and was remanded in custody. He also faces two other charges, one under the Misuse of Drugs Act and one under the Sexual Offences Scotland Act. Mr Jenkins' brother paid tribute to him, describing him as someone who was always there to give a great big cuddle. Mr Jenkins was in the town for work when he died.

 
STV
IMMIGRATION
Rwanda deportation flights imminent
Rishi Sunak has ordered ministers to begin deportation flights to Rwanda as soon as the Illegal Migration Bill clears Parliament, probably in September. The Prime Minister has established a Covid-style Cabinet committee to ensure that the Rwanda scheme can 'hit the ground running' immediately. The Court of Appeal is expected to rule this month on legal challenges to the scheme, after the High Court ruled in December that it is lawful. The preparations reflect the personal priority given to the issue by the PM, who has staked his political reputation on a pledge to 'stop the boats'.
PROPERTY
Scottish first-time buyers paying less for a deposit
New data from TSB shows that in Scotland first-time buyers paid less for a deposit from January to March than the last three months of 2022. Analysis found  deposits for first-time buyers in Scotland decreased to £31,261 in the first quarter of this year as the average price of a first home was 8% lower than the fourth quarter of 2022. Meanwhile, the average purchase price of a first home in Scotland was £161,840, equating to a deposit of 19% of the average property value. It also showed that in Scotland, the average age of first-time buyers was 32, while at a national level, the average age was 33, remaining consistent with the previous quarter.
ECONOMY
OECD upgrades Britain's growth prospects
The Organisation for Economic Co-operation and Development (OECD) has forecast that the UK will dodge a recession this year but continue to see one of the highest inflation figures among G20 countries. The OECD predicted inflation would average 6.9% over 2023 for the UK, leaving the country with higher inflation than any G20 member except Argentina and Turkey. UK GDP growth is expected to be modest at 0.3% throughout the year, an upgrade from the 0.2% annual contraction it forecast in March. UK GDP would improve moderately to 1% in 2024. Unemployment is also expected to rise in the UK, reaching 4.5% in 2024. The OECD cast doubt on the UK Government’s ability to cut taxes ahead of a general election adding that it would struggle to cope with the pressure on the public finances from rising interest rates on government debt.
 


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