Legal Matters Scotland
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26th February 2024

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THE LAW
Convicted paedophile worked with children after changing name
The Scottish government has been urged to fast-track legislation to stop sex offenders changing their names after a convicted paedophile took a new identity and gained access to children as president of the Robert Burns World Federation. Marc Sherland organised children’s poetry competitions and announced that he was safe to work with vulnerable children. However, Sherland, was in fact Douglas Stuart Hammond, a disgraced community worker convicted in 1991 after sexually assaulting two boys in his home. The sex offenders register, which alerts public authorities to previous offences, was introduced in 1997, six years after Hammond’s conviction. Offences before 1997 are not added. Pauline McNeill, Scottish Labour’s justice spokeswoman, added: “Action needs to be taken to close the loophole of offenders who committed their crimes before the register was created going undetected.”



 
EMPLOYMENT
British workers at risk of being paid less than foreign counterparts, warn lawyers
British workers are at risk of being paid less than their foreign counterparts when visa salary requirements are increased in April, lawyers have warned. The increase in the salary threshold to £38,700 is likely to create a situation where companies struggling to overcome labour shortages end up paying their foreign employees more than British ones. Rose Carey, a partner at the City law firm Charles Russell Speechlys, said: "We've realised clients might be in this position, which is completely at odds with what the Government wanted." Employers may find "they are having to pay somebody from abroad more than somebody from the UK because they cannot recruit," Ms Carey said.



 
SOCIAL
Former teacher sets up charity to help offenders rebuild life
Eppie Sprung, a former teacher who was convicted of a sexual offence involving a pupil, has started a charity which aims to support people to move on with their lives after crime. Sprung was arrested and struck off the teaching register in 2012 after it emerged she had had a sexual relationship with a 17-year-old. She pleaded guilty to breach of trust and was placed on the sex offenders register until the end of her six-month community payback order. Sprung now wants to help other offenders who have faced similar difficulties in rebuilding their lives through her Next Chapter charity, which is supported by lottery money. She is campaigning for changes in equality laws, which she suggested allowed employers to discriminate against candidates with spent convictions. She said: “I am well educated, I have a secure background, I have all of these things that I can put to good use to help make the system a bit better for people. We want to help people have accessible information and bring people together to foster hope and we want to help people to defend their rights, when their rights are being violated. Once they have served their sentence they should be allowed to contribute as a member of society.”
Education Secretary admits not reading report on school violence
Education Secretary Jenny Gilruth, has admitted to not having read a report on violence in schools published by the Educational Institute for Scotland (EIS) last week. The EIS survey of nearly 800 members in Aberdeen found that 42% of respondents reported violent pupil behaviour in school every day, and 37% said they had been physically assaulted by a pupil. Over half felt their school did not have clear strategies to prevent violence. The report also revealed that 60% of teachers in Aberdeen were considering leaving the profession. Ms Gilruth insisted that education delivery was a responsibility for local councils and not central government, and that the situation in Aberdeen may not reflect the national picture. The EIS warned in November that pupil violence had increased over the last four years, with 82.7% of schools reporting violent or aggressive incidents each week.
CASES
Former detectives investigate Post Office’s Horizon probe
The Post Office has hired investigators to look at its own staff's previous work investigating the Horizon scandal. The internal investigation will look at allegations against current and past employees involved in the prosecution of sub-postmasters and postmistresses. Sources say that four former detectives are interviewing persecuted postmasters and mistresses, gathering information on how they were treated by the Post Office employees who built cases against them. The Post Office said the team had been recruited to “review the quality and effectiveness” of past investigations. The findings could be passed on to authorities, including the police, or acted upon by the Post Office itself. This comes after concerns about their conduct were raised during an ongoing public inquiry.
Pregnant solicitor's legal skills help convict husband in murder case
A pregnant solicitor, Fawziyah Javed, used her legal skills to help convict her husband, Kashif Anwar, who murdered her at Arthur's Seat in Edinburgh. The trial revealed that Fawziyah had secretly recorded phone calls of Anwar threatening her and had gone to the police twice to document his abusive behaviour. The evidence collected by Fawziyah played a crucial role in securing a conviction. A two-part Channel 4 documentary called "The Push" explores the case and highlights Fawziyah's determination to gather evidence even on the verge of her death. Anwar was found guilty of murder and sentenced to at least 20 years in prison.
PROPERTY
Yousaf urged to stop cuts to social housing
The Scottish Federation of Housing Associations (SFHA), Homes for Scotland, the Chartered Institute of Housing and the Joseph Rowntree Foundation have claimed that proposals to cut social housing budgets are a “hammer blow” to reducing poverty. In an open letter to Humza Yousaf, a coalition of housing and anti-poverty groups have urged the first minister to think again about cuts to the 2024-25 budgets for housing and planning. The letter said that safe, warm, affordable housing is a basic human right and that the draft budget is not enough for the first minister’s mission for Scotland to be a country of equality, opportunity and community for everyone. It also urged the Scottish government to “reverse” the “devastating decisions” it had made and prioritise resources to deliver more social housing.
CRIME
Burnt body found near Motherwell estate
Residents of a Motherwell housing estate have claimed they are now scared to leave their homes after the burnt remains of a man’s body was found on a nearby football pitch. Police Scotland confirmed that the body of a man had been found and the death was being treated as “unexplained”. A spokesperson for the force added: “Officers remain at the scene and anyone with information or concerns can speak to them.” Two fire engines spent two hours at the scene on Saturday and police forensic officers have continued an examination of the area over the weekend. 
 


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