Legal Matters Scotland

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

INDUSTRY
'Discounting' guidelines to be applied to guilty pleas in Scottish criminal cases
The Scottish Sentencing Council (SCC) is to develop new “discounting” guidelines which would be applied to guilty pleas in Scottish criminal cases. The new guidelines are likely to see a rise in the number of defendants, including rapists, killers and other criminals receiving shorter sentences if they admit their guilt and avoid their cases having to go to court. The committee said: “Support and advocacy organisations tell us that victims and their families sometimes find it difficult to understand why a discounted sentence has been given in certain circumstances and there is anecdotal evidence from practitioners that a guideline would provide greater predictability for accused persons. Because of the high proportion of guilty pleas, the guideline is likely to have broad applicability and therefore has the potential to considerably impact practice.” However, Russell Findlay, the Scottish Conservatives justice spokesman, said the legal system is still dealing with the fallout from the under-25 sentencing guidelines — prioritising rehabilitation rather than punishment — which he said were “causing shock and trauma for crime victims”. He added: “Victims deserve honest, effective and transparent sentencing. They should not be treated as guinea pigs in the SNP’s soft-touch justice experiment.”
Lawyer investigated for "retraumatising" rape victim in court
A lawyer who represented a sex attacker convicted of two counts of rape is being investigated for "retraumatising" the victim in court. Lorenzo Alonzi repeatedly asked the victim about her mental health and suggested that she did not refuse the attacker's advances. The Scottish Legal Complaints Commission (SLCC) has referred 11 of the 13 issues raised to the Faculty of Advocates for further investigation. The victim, Ellie Wilson, has crowdfunded to pay for a transcript of the trial and submitted a complaint to the SLCC. The Faculty will determine if Alonzi's behavior constitutes professional misconduct. The Scottish Government plans to provide sexual assault survivors with free access to court transcripts. Wilson hopes this will encourage other survivors to stand up for themselves and prompt lawyers to reconsider their approaches in sexual assault cases. The attacker, Daniel McFarlane, has been appealing his conviction and Wilson cannot move on until all options are exhausted and the investigation is complete.



 
PROPERTY
Scottish homeowners to face £190 monthly mortgage hike
Homeowners in Scotland are facing an average hike in their mortgage payments of £190 a month next year, with Edinburgh residents being hit the hardest with a £280 increase when their fixed-term deals come to an end. Labour said that 546,600 households in Scotland would see costs increase next year when they remortgage. Rachel Reeves, the shadow chancellor, criticised the UK and Scottish Governments for failing to help struggling homeowners. She said that Labour would force regulators to require all lenders to allow borrowers to switch to interest-only mortgage payments for a temporary period or to lengthen the term of their mortgage period.
SOCIAL
Labour MSP criticises Starmer over refusal to scrap ‘rape clause’
Labour MSP Monica Lennon has criticised Sir Keir Starmer for his failure to say he would scrap the two-child benefits cap which includes a controversial “rape clause”. The two-child limit, which came into force in April 2017, restricts families from applying for child tax credit and Universal Credit for more than two children. However, it has attracted significant controversy over the so-called “rape clause”, which offers an exemption to the rule if a child is conceived through rape and this can be proven. Starmer has said scrapping the two-child limit is not party policy, but he did not rule out a shift at a later date, adding: “If that changes I’ll let you know.” However, Lennon said Labour members are “scared of deselection, being exiled to backbenches, or not winning selections” for speaking out about the party’s policies." She added: “The two-child benefit cap (aka the rape clause) is abhorrent and must be scrapped.”
FIRMS
Inksters appoints two more Glasgow based consultants
Inksters Solicitors has appointed two more consultant solicitors in its Glasgow office. Gerald Segal, who previously worked for Inksters from 2013 to 2020, returns as a consultant solicitor dealing with all aspects of property law, specialising in residential conveyancing; and Jacqueline Harkins joins as a consultant solicitor in Inksters’ Private Client team, working on wills, powers of attorney and executries. She also has a specialist interest in applications for guardianship and adults with incapacity matters.
Four promoted at Complete Clarity Solicitors
Complete Clarity Solicitors and Simplicity Legal has promoted four of its solicitors to more senior roles. Sinead Machin has been promoted to senior associate in the Glasgow-headquartered firm, while Siobhan Brown, Scott Stevenson and Linzi McQuade all become senior solicitors. "Recent significant growth in the firm’s business has prompted these key appointments and we are delighted to congratulate Sinead, Siobhan, Scott and Linzi on taking important steps forward in their legal careers", said director Emma King. "Our firm has been performing well in excess of expectation, driven by the culture which we have consciously developed in recent years and also by structural changes to our commercial activities".
CASES
Man goes on trial accused of strangling sister to death
A 20-year-old man has gone on trial accused of strangling his teenage sister to death in Hamilton. Connor Gibson has been accused of sexually assaulting and murdering 16-year-old Amber Niven in November 2021. Another man- Stephen Corrigan, 44 is also set to go on trial in relation to circumstances surrounding the discovery of her remains. The body of the teenager was found in the town's Cadzow Glen, days after she was last seen. The trial at the high court in Glasgow got under way on Thursday. Both men deny all the charges against them.
Stepfather accused of murdering stepson
A man accused of murdering his stepson professed his love for children in court as he gave evidence for the first time. Craig Crouch, the stepfather, expressed that he was "honoured" to be named as the father on the birth certificate of Jacob Crouch, the 10-month-old boy he is accused of killing. Prosecutors allege that Craig and the boy's mother, Gemma Barton, worked together to abuse and murder Jacob. Craig testified that he supported Jacob from the start and considered him his own. The trial continues as the defence presents its case.
HOLYROOD
No investigation into the Scottish Government's spending on independence
The Advocate General for Scotland is reportedly not investigating the Scottish Government's spending on independence, contrary to claims made by Labour peer Lord Foulkes. He stated in the House of Lords that the Advocate General had instructed officials to investigate the Scottish Government's spending, but this has since been denied. The UK Government spokesperson reiterated that it is up to the Scottish Government to decide how it spends its block grant. Lord Foulkes, however, insisted that he had received confirmation of the investigation. Permanent Secretary John Paul Marks defended the civil service's work on Scottish independence, stating that they serve the government of the day and provide policy advice. The Scottish Government has been publishing prospectus papers on independence, but the documents have faced criticism for their limited readership.
 


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 here to unsubscribe