Legal Matters Scotland
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26th January 2024

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THE LAW
Conversion therapy laws could 'criminalise speech', warns legal expert
Conversion therapy laws could "criminalise speech" and have a "chilling effect" on freedom of expression, warns Michael Foran, a public law professor at the University of Glasgow. The Scottish Government is currently consulting on legislation that would make it illegal to try to change or suppress someone's sexuality or gender identity. However, Mr Foran said: "We're seeing case after case reaffirming that expression of gender-critical beliefs is protected under equality and human rights law. But we're also seeing legislation that seeks to criminalise speech or conversation around this area." His concerns stem from plans to introduce a civil order that would let a court intervene even if there was simply a fear conversion practices might take place. He said: "You can see where there might be potential risks to having these kinds of enforcement orders in an area... where there are so many political activists and advocacy organisations that have an axe to grind."



 
FIRMS
Aberdeen law firm moves main teams to new offices
Aberdeen law firm Aberdein Considine has relocated its main legal and wealth teams to new offices in the city. The firm's partners and colleagues have moved to the flagship legal and wealth headquarters at Blenheim House in Aberdeen's west end. Jacqueline Law, Aberdein Considine managing partner, said: "The move to Blenheim House represents a pivotal aspect of our broader investment in people and services. The previous year was a successful one for us as a firm and we are poised to move forward with the next phase of our strategy in the coming year." She added: "We've designed a space that is not only modern and functional but also allows for future growth. "Retaining a strong presence in Aberdeen's heart is essential. It's a remarkable city - one with many opportunities in 2024 and beyond."



 
CASES
Prosecutor relied on Post Office report in wrongful conviction case
The prosecutor who took a wrongly-convicted Scottish postmaster to court made the decision based entirely on a report by Post Office investigators, an inquiry has heard. David Teale, the procurator fiscal for the Western Isles at the time, said he was not aware of any "safeguards" to ensure the accuracy of statements made by investigators and their account was often accepted on "trust". The inquiry was examining the case of dad-of-five William from North Uist - who died before seeing his 2010 embezzlement conviction overturned in court last year. More than 700 sub-postmasters were prosecuted, including up to 100 in Scotland, for theft and false accounting between 2000 and 2014 as a result of shortfalls flagged by Horizon.
Teenager in court for fraud as fake police officer
A teenager, Sean Singh, has appeared in court charged with fraud after allegedly posing as a police officer and convincing people to hand him money. Several individuals in Dunbartonshire and Glasgow reported dealing with a man on the phone who claimed to be a police officer from the city. Some victims handed over cash, believing they were assisting a police investigation. Singh, 18, faced two charges of being involved in a fraudulent scheme and was released on bail. No future court appearance date has been set.
Drink driver killed pedestrian then fled 65 miles
A drunk driver killed a pedestrian and fled 65 miles from the scene with a broken windscreen. Robert Brown collided with James Harris, 61, near the village of Taynuilt, Argyll and Bute, on October 10 2021, leaving him for dead and driving onto Dumbarton. At the High Court in Glasgow Brown, 26, pled guilty to causing death by dangerous driving. Judge Lord Scott told Brown that he will receive a custodial sentence at the High Court in Edinburgh and disqualified him from driving meantime. He was remanded in custody pending sentencing next month.
Pensioner fraudulently claimed £40,000 while working for jeweller
A pensioner who fraudulently claimed £40,000 in benefits while working full-time in a Dundee jewellers has been given a community sentence. Suzanne Gillman, 65, claimed the money over a seven-year period while employed at Beaverbrooks in the Murraygate. Gillman claimed the money while pretending she was too scared to face customers and claiming she had been too sick to work for years. She was ordered to complete 200 hours of unpaid work. Sheriff Jennifer Bain KC told Gillman: "This is an incredibly serious matter as your actions prevented that significant sum of money from being made available to those with legitimate need".
COVID
Sturgeon accused of ‘deliberate cover-up’ during Covid
Nicola Sturgeon is facing accusations of a “deliberate cover-up” after it emerged that she and her ministers discussed Covid policy decisions in WhatsApp messages since deleted from her phone. Evidence heard at the Covid inquiry appears to contradict Sturgeon’s account that she conducted the pandemic response “through formal processes from my office in St Andrews House, not through WhatsApp or any other informal messaging platform”. Responding to claims that SNP ministers had politicised the pandemic and failed to provide key evidence to the inquiry, Aamer Anwar, the lead solicitor to Covid bereaved families and a friend of the first minister Humza Yousaf, said: “So far all we have seen [from the Scottish government] is a culture of impunity, of arrogance, of contempt. It is time for the selective amnesia to stop.” The Scottish Tory leader Douglas Ross said that Sturgeon had “made government decisions on WhatsApp, but deleted all the evidence of crucial discussions”. He later said: “It looks like most senior figures have engaged in a deliberate cover up. The SNP government misled the public over crucial Covid decisions which were made and discussed on WhatsApp, despite Humza Yousaf and Nicola Sturgeon’s claims otherwise.”
PROPERTY
Councils could see Ukraine refugee housing fund cut
Documents seen by the Daily Record have suggested that the Scottish Government is preparing to cut funding provided to local authorities through the Ukraine Long Term Resettlement Fund, which was established to fund the acquisition and refurbishment of empty properties to accommodate refugees from Ukraine. While around £23m has been allocated since 2022/23, the paper says, cuts to the affordable housing budget could see that figure fall to £5m for the coming year. Scottish Liberal Democrat leader Alex Cole-Hamilton said: "Without this key funding, councils will struggle to build enough housing for those driven to our shores by Putin 's war. Any pledge to support refugees must be backed up by provision for Scottish local authorities."
SOCIAL
Safe consumption room will not draw funds from other services
Responding to a question from Scottish Conservative MSP Annie Wells at First Minister's Questions, Humza Yousaf has said services such as residential drug rehabilitation facilities "absolutely won't be deprioritised" as preparations continue for the launch of the UK's first safe consumption room, in Hunter Street in Glasgow. Separate funding had been earmarked for the pilot, he said, "in the knowledge that Glasgow might need to proceed quickly following the Lord Advocate’s position", and no "existing drug and alcohol services will therefore be affected to fund this pilot".
 


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