Legal Matters Scotland
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8th January 2024

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THE LAW
Scotland's Equalities Minister to vote against assisted dying bill
Scotland's Equalities Minister, Emma Roddick, has announced that she will vote against a proposed assisted dying bill in Scotland. Roddick believes that any legislation on assisted dying cannot be considered safe while disabled people lack equality. However, a majority of Members of the Scottish Parliament (MSPs) are expected to support the bill, which is being brought forward by Liam McArthur. The bill has already gained the public support of at least 49 MSPs. While some MSPs remain undecided, others have expressed concerns about the potential risks and the need for safeguards.
MSP's bid for new law to punish polluters backed by children's parliament
A bid by an MSP to bring in a law to punish polluters has received the backing of the Children's Parliament. Monica Lennon's consultation on a new type of ecological crime has also won support from primary school children who say “our environment is being ruined”. The Labour backbencher is proposing a Member's Bill which would create a law on ecocide – crimes which cause widespread environmental damage. Lennon says guilty executives could receive prison sentences of up to 20 years in order to deter the worst types of pollution.
Yousaf confirms no plans for XL bully ban in Scotland
Humza Yousaf has confirmed that the Scottish Government was “monitoring the situation” over claims XL bully dogs would arrive from England and keeping a ban “under review”, but he did not believe that such action was needed. Under laws introduced in the new year it is illegal to breed or sell XL bullies, or walk them in public without a lead and muzzle, in England and Wales. From February it will be a criminal offence to own one without an exemption, which costs £92.40 per dog. By the end of the year all XL bullies must be neutered. However, none of these regulations apply in Scotland. Siobhian Brown, the community safety minister, had said it was “concerning’ to hear reports that XL bully dogs were being moved to Scotland for rehoming. She has written to the UK government to urge that “people in England and Wales do not use any loopholes . . . in getting rid of their dogs”.



 
CASES
Ministers to discuss measures into clearing the names of sub-postmasters
Justice secretary Alex Chalk is set to meet Kevin Hollinrake, the minister for the Post Office, to consider measures into clearing the names of hundreds of sub-postmasters convicted in the Post Office Horizon scandal. They will talk to government lawyers to explore mechanisms to lawfully attempt to speed up addressing what is widely seen as a huge miscarriage of justice. It comes after Rishi Sunak told the BBC the government was reviewing options to help victims of the scandal including stripping the Post Office of its role in the appeal process. The Post Office had the power to decide on bringing the original prosecutions, and its appointed lawyers presented the evidence in court. But one option now would be for the Crown Prosecution Service and its own lawyers to step in as appeals continue to be heard. Meanwhile, Lee Castleton, a former postmaster and victim of the scandal, said the people affected are "traumatised" and it is "like a war" to try and obtain compensation. He said: "The victims are traumatised. It has been a long time of 25 years and £135m has been paid to some of the victims, but we have had £150m-plus paid to lawyers."
Rape suspect deported to US after lengthy legal fight
Nicholas Rossi, a fugitive who faked his own death, has been extradited to face rape charges in the United States over two years after he was arrested in a Scottish Covid ward. The American authorities claim that Rossi raped two women in Utah and sexually assaulted another before fleeing across the Atlantic. Following his arrest at the Queen Elizabeth University Hospital in Glasgow in December 2021 he has insisted that he is Arthur Knight, an orphan born in Ireland who has never set foot in the United States. However, his final appeal against extradition was thrown out last month. Now, Police Scotland confirmed on Friday that Rossi had been taken from HMP Edinburgh, where he was being held, and put on a plane to the US. “We assisted partner agencies with the extradition of a 36-year-old man,” a spokesman said. It is understood Rossi left on a private flight from Edinburgh airport.
Man claims presence at car linked to attempted murder
A man named Roy Bennett claimed to be present when a car connected to the attempted murder of a lawyer was set on fire. Bennett testified in the trial of Barry Harvey and Thomas Guthrie, who are accused of the murder bid. He stated that he saw Guthrie drive a car for a short period before returning to the van they were in, and then witnessed flames in the distance. Bennett also claimed that Guthrie drove the van back to a specific area. The trial, taking place in Glasgow, heard Bennett's testimony, which was cross-examined by Harvey's advocate. The witness denied any involvement in the incident and refuted suggestions that he was lying to cover up his own involvement. The trial continues before Judge Lord Clark.



 
SENTENCING
Absolute discharge figures a 'slap in the face' for victims
Figures obtained by the Scottish Conservatives through Freedom of Information requests have shown that a total of 1,406 convicted criminals received an "absolute discharge" between 2018 and 2022, including for small numbers of convictions for sexual assault (12), domestic abuse (4), and attempted murder (17). The party's justice spokesperson, Russell Findlay, said absolute discharges "are supposed to be exceptional, yet we now discover that they've been used hundreds of times each year", and that the figures are "another slap in the face of those who fall victim to crime". A spokesperson for the Scottish Government said sentencing decisions "are for the independent court who consider all the facts and circumstances", with absolute discharges "representing 0.5% of all sentences imposed".
PROPERTY
Minister 'asleep at the wheel' on rural housing
The Scottish Conservatives have accused housing minister Paul McLennan of being "asleep at the wheel" after it was confirmed that no homes have yet been secured through the Scottish Government's Rural Affordable Homes for Key Workers Fund, announced in April 2023. Conservative housing spokesperson Miles Briggs accused ministers of "overpromising and underdelivering", and said the "failure to identify these homes in our rural areas means key sectors are missing out on having the workers they need". The Scottish Government has said local authorities "have been made aware of the demand-led fund and we expect those with rural communities to be considering and developing proposals to access the fund as part of their annual Strategic Housing Investment Plan process".
Family seeks public inquiry into asbestos in council homes
The family of Christobel Grant, who died in 2019 of asbestos-related peritoneal mesothelioma, have called for a public inquiry into asbestos in council and housing association properties. The family won a landmark legal case against West Lothian Council after Ms Grant repeatedly reported the presence of asbestos in her Linlithgow home, and her daughter Isobel commented: "We were angry, we knew straight away where the exposure was likely to have taken place. My mum was a proud and loyal council tenant and didn't want to take them to task and was concerned at the reaction from the council. It wasn't our priority at the time she was ill."

 
STV
EMPLOYMENT
Fifth Industrial Revolution will see humans and AI work together
Experts say that we have entered a Fifth Industrial Revolution that will see humans and artificial intelligence (AI) working in collaboration. John Nosta, who runs innovation think-tank NostaLab and has dubbed this era the 'Cognitive Age', says: “As we navigate this cognitive revolution, the opportunity at hand is to become the architects of a future where technology and humanity are not just coexistent but coevolutionary.” Pointing to “an unprecedented synergy between human and machine intelligence,” he says AI co-workers will be “enriching the human experience in ways previously unimaginable.” Louise McEntee, head of intelligent automation at Deloitte, comments that while each technological shift “has meant radical changes to how we work … Work did not go away, however, but evolved to meet the needs of business, society and the individual.”
ECONOMY
Independence can boost living standards and productivity
First Minister Humza Yousaf is to give the first in a series of economic policy speeches at Glasgow University on Monday, and is expected to argue that independence would lead to a boost in both living standards and productivity. Mr Yousaf is expected to refer to a Resolution Foundation report which found that households would benefit to the tune of £8,300 a year if income and inequality gaps were reduced to similar levels as in other countries like Australia, Canada and the Netherlands. "If we use the same analysis for countries that are similar to Scotland", he is expected to say, "such as Denmark, Ireland and Finland, the difference for the typical Scottish household would be even greater. They would be £10,200 better off. That is the prize of independence."
 


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