Legal Matters Scotland
Sign UpOnline Version
11th January 2024

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

INDUSTRY
Lord Advocate calls for separate court for sexual offences
Scotland's leading law officer, Lord Advocate Dorothy Bain KC, has called for the creation of a separate court for sexual offences, stating that the prosecution of such offences "just isn't good enough." Appearing before Holyrood's Criminal Justice Committee, Bain urged the implementation of the Victims, Witnesses, and Justice Reform (Scotland) Bill, which would establish the separate court and provide legal anonymity to victims of sexual offences. She emphasised the need to address the basic problems that remain in the current system and to build what is required for the victims. Bain also highlighted the societal change required to combat the high levels of violence against women and girls in Scotland.
Lord Justice Clerk defends pilot of rape trials without juries
Lady Dorrian has told MSPs she thinks it is worth having a pilot of rape trials without juries, proposals which have proved controversial in the legal profession. The Lord Justice Clerk said such a scheme would provide valuable evidence on how it could work. Lady Dorrian was speeking at length to Holyrood's Justice Committee about the recommendations of a review group she chaired. Legislation going through Holyrood takes forward a number of recommendations in Lady Dorrian's report, including the establishment of a specialist sexual offences court. Lady Dorrian told the MSPs that changes in the justice system to improve the experience of victims in sexual offences cases needs to go “beyond tinkering”. Discussing juryless trials for rape, she said her review group had been “divided reasonably evenly” on the matter. She said an underlying reason behind the suggestion was the prevalence of “rape myths” and added “It's worth examining, it's worth having a pilot because, as I've already said, then we would have the evidence.” Lady Dorrian was also asked about other parts of the Government's Bill, which aims to enshrine a right to lifetime anonymity for victims of sexual and other qualifying offences. She said it would give victims “a degree of comfort” by putting the right to anonymity on firmer legal footing.
Island sheriff courts staffing issues to be resolved in spring
Staffing problems at island sheriff courts, which led to jury trials being moved to the mainland, are expected to be resolved in the spring, according to Justice Secretary Angela Constance. However, Constance criticised the performance of private contractor GEOAmey, describing it as "utterly unacceptable." The staffing issues have affected trials at Stornoway, Lerwick, Portree, and Lochmaddy sheriff courts since last summer. Constance stated that there has been progress in terms of staff attrition and improved staff numbers. GEOAmey has assured that they will be able to properly resource the courts from spring 2024. Constance acknowledged the significant impact of GEOAmey's performance on the justice system and stated that it will be considered in discussions regarding the future of prisoner transport.



 
THE LAW
Yousaf confirms Post Office scandal victims in Scotland to be cleared
Humza Yousaf has confirmed that everyone convicted in Scotland as part of the Post Office Horizon scandal will be cleared. Over 700 sub-postmasters were prosecuted across the UK, including up to 100 in Scotland, after wrongly being accused of embezzling money. The first minister said people had already had to wait too long for justice and that he would work with Westminster to ensure victims across the UK are exonerated. The first minister was speaking after Prime Minister Rishi Sunak announced plans to introduce a new law that will quash convictions in England and Wales. The legislation would not normally affect Scotland, but Mr Yousaf said he was open to using a Legislative Consent Motion that would allow it to also apply north of the border. Mr Yousaf added that those affected "can be absolutely assured" they will be pardoned. A Legislative Consent Motion would be the "easiest and fastest" solution, the first minister added.



 
POLICING
Complaint lodged against new Police Scotland chief
David Page, deputy chief officer at Police Scotland, has lodged a grievance against Jo Farrell, the force's new Chief Constable. His complaint against Ms Farrell is being dealt with by the Scottish Police Authority (SPA), the body which oversees and governs the force. The SPA has not yet either upheld or dismissed the complaint, and has refused to comment. The Times reports that that his concerns relate to the presence of Gary Ridley, the assistant chief officer of Durham Constabulary, a former colleague of Farrell, who was chief constable of the force prior to her move north. It emerged last year that Ridley and Farrel were chauffeured from Edinburgh and dropped off at their respective homes. It was later claimed that he was in Scotland providing “unpaid advice” to Farrell on issues including budget challenges, strategic planning and reducing bureaucracy. Police Scotland referred the issue to the Scottish Police Authority (SPA).
CASES
Prison officer ‘unaware of bullying’, inquiry hears
Heather Porter, a prison officer assigned to monitor Katie Allan, a 21-year-old young offender who took her own life, has claimed she was unaware of reports that she was being bullied. Porter who acted as Allan’s second personal officer during her time in custody at Polmont Young Offenders Institution in 2018, said she did not have access to a system where the incidents were recorded. She was giving evidence on the third day of a fatal accident inquiry (FAI) at Falkirk sheriff court examining the circumstances of Katie Allan’s death at the prison in June 2018 and the death of William Brown, 16, also known as William Lindsay, there four months later. The inquiry, before Sheriff Simon Collins KC, continues.
Man jailed for sex attacks while he was at school in Dundee
A man who sexually abused two young girls while he was at school in Dundee has been jailed for five years. Ronald Hathway repeatedly assaulted one child, raped a second victim three times and committed a further attempted rape on her. A court heard the crimes were committed in the late 1990s when Hathaway was aged between 12 and 14. Mr Hathway, 39, was also placed on the sex offenders register indefinitely. 
PROPERTY
Councils considering impact of housebuilder's collapse
STV looks at the potential implications for local authorities across Scotland as housebuilder Stewart Milne goes into administration, with councils potentially left facing significant bills relating to unfinished council homes, roads which have not been cleared for adoption, and snagging. Midlothian Council has confirmed that work has stopped on a contract for 28 affordable homes in the new town of Shawfair, while East Lothian Council has said it is "continuing to assess" the impact of the news around snagging, roads and infrastructure for recently-completed sites in East Linton and Pencaitland.

 
STV
ECONOMY
Inflation target may be hit by April
Inflation could fall below the Bank of England’s 2% target as soon as April, a senior economist has predicted. Deutsche Bank economist Sanjay Raja said that a "hefty cut to energy bills" could pull inflation below the Bank’s 2% target from its present level of 3.9% and from a peak of 11.1% recorded in October 2022. However, he also cautioned that upside inflation risks remain, "especially with regards to services inflation". Mr Raja added: "With wage growth remaining highly uncertain, especially with the historically large minimum wage rise kicking in from April, services inflation could end up being a little higher than we expect."
 


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