Legal Matters Scotland
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9th April 2024

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POLICING
Officers warn that police cannot cope with flood of hate crime reports
David Threadgold, chairman of the Scottish Police Federation, has claimed Police Scotland cannot cope with the deluge of hate crime complaints received under the new law. He said that the scale of calls since the implementation of the hate crime bill was “simply unmanageable”. Threadgold said: “Police Scotland have gone public and said that on every occasion, reports of hate crimes will be investigated. That creates a situation where we simply cannot cope with demand at the moment.” The federation has been critical of the two hours of online training officers have received to deal with these complaints under the legislation which became active on April 1. “We’ve not given them the opportunities to ask the ‘what if’ questions during the training that has been provided by Police Scotland to interpret this legislation to the satisfaction of the public,” Threadgold said. David Kennedy, general secretary of the federation, said that call operators, who are being bought in to do overtime shifts to deal with the complaints, are overwhelmed with demand, while “less than 1% of these complaints are translating into actual hate crime investigations”.
Police investigating hate crime reports made in connection with the Old Firm derby
Police Scotland has confirmed it is to investigate a “small number” of hate crime reports made in connection with the Old Firm football clash at Ibrox this weekend. A total of 8,000 complaints have been made since the law went live last Monday. However, that figure is expected to grow as a result of sectarian tensions made worse by derby matches such as that on Sunday, which ended in a 3-3 draw. The number of reports made after the game has not yet been confirmed. Thomas Ross KC, a barrister, told the Daily Record: ­“Historically there’s a lot of animosity between the supporters of the two clubs and each group of fans reports the other. Undoubtedly, there’s the possibility things could be sung or said that could amount to an offence. It is highly likely that, come Monday morning, police will have received many more complaints from fans who have watched the game on TV.”
SPF warns of increased vulnerability to organised crime due to cuts in frontline policing
The Scottish Police Federation (SPF) has warned that further cuts to frontline policing in Scotland could leave communities vulnerable to increasing levels of organised crime. With officer numbers at their lowest level in 15 years and plans to close 29 police stations, the SPF's general secretary, David Kennedy, highlights the importance of community policing in gathering intelligence on serious crimes, including terrorism. He warns that without community police officers patrolling and gathering intelligence, the force will miss out on crucial information. The SPF also raises concerns about organised crime groups (OCGs) setting up criminal enterprises in areas where there is no police presence. The federation warns that further cuts could make it even harder to tackle difficult-to-disrupt crimes such as sexual exploitation and terrorism.



 
CASES
Lawyers say progress has been made towards Celtic Boys Club sex abuse settlement
Thompsons Solicitors has claimed that "significant progress" has been made towards Celtic settling legal claims of historical abuse. Former players have launched a US-style class action against the club for damages and the firm now said the valuation of all cases has progressed in the last six months. Last year a judge gave the go-ahead for a US style "class action" group litigation to proceed against Celtic for alleged abuses at Celtic Boys Club. The boys' club was established as a feeder team to the senior Celtic side in 1966 and the two clubs had close ties, sharing players, officials and premises. Celtic had always insisted that it wasn't responsible because the boys' club was an "entirely different organisation." Lawyers acting for the former players argue the boys club and Celtic were "intimately connected" and the senior club was "vicariously liable" for assaults carried out.
Father and son convicted of double murder
Ian MacLeod, 66, and Dean McLeod, 42, a father and son who murdered and mutilated two men with a blowtorch, have been jailed for life. The pair killed Derek Johnston, 37, and Desmond Rowlings, 66, at a flat in Edinburgh in 2022. Both victims had body parts cut off and letters burned into their heads during the attacks. The father and son admitted murdering their victims when they appeared at the High Court in Edinburgh last year. Judge Lord Arthurson ordered that the pair should serve at least 34 years in jail before they can apply to be released on parole. They are among the longest sentences imposed in Scotland - the longest to date was 37 years, external given to serial killer Angus Sinclair. Emma Caldwell's killer Ian Packer was given 36 years in prison last month. The judge said it was, in his view, "one of the worst cases of murder to come before the High Court".
Court told 'proceeds of crime' home affected with Raac
The value of a house allegedly purchased by Coleen Muirhead, who embezzled £1.5m from her bosses at Panda Rosa Metals, could be affected by the discovery of unsafe concrete. Lawyers representing Muirhead are investigating whether the property is now worth less due to the recent find of reinforced autoclaved aerated concrete (Raac). Muirhead was jailed for three years and three months for her six-year embezzlement spree. Solicitor advocate Simon Collins stated in court that they are looking into the potential impact of the concrete discovery on the value of Muirhead's house. The proceeds of crime action against Muirhead has been continued until July 1.



 
FIRMS
Law firm secures Scottish Government contract renewal
Morton Fraser MacRoberts has been reappointed to provide the Scottish Government with general property legal services for the next two years. The contract allows for a further two-year extension. The firm will offer a range of legal services related to land acquisition and sale, management and disposal of interests in land and property. Amy Entwistle, lead partner for delivering the contract, said: "The Scottish Government is a valued client of the firm, and we are delighted to continue to provide expert legal advice in relation to its property portfolio building upon our established and strong relationship as trusted advisers."
PROPERTY
Landlords in Scotland exploit expired rent controls to raise prices
Landlords in Scotland are taking advantage of expired rent controls to increase prices for tenants by as much as 12%. Legislation limiting rent increases on existing tenancies expired on March 31, and plans to extend the rent controls are not expected to come into force until 2025. This has led to landlords raising prices in the interim to cover rising costs. The Scottish Government's new plans include giving local authorities powers to create rent caps as low as 0% for up to five years. John Blackwood, chief executive of the Scottish Association of Landlords, said landlords were taking the opportunity to increase rents after their costs “sky-rocketed” over the past few years due to interest rates, inflation and increased regulation.
Scotland has lost almost 20,000 affordable homes due to declining approvals
Scottish Labour has claimed that nearly 20,000 potential new affordable homes have been lost over the last five years due to the Scottish Government’s failings, after it released new analysis on the cumulative impact of declining approvals for new properties. New figures show the number of new affordable homes being approved halved from 2019 to 2023, falling every single year in between. Scottish Labour said that if affordable home approvals had been sustained at 2018 levels, an additional 19,169 affordable homes would have been approved over the last four years. Mark Griffin, the party’s housing spokesperson, said: “The SNP-Green government’s promises on affordable housing lie in tatters, as the reality of their record of failure is exposed. From record levels of homelessness to extortionate rent to soaring house prices, Scotland is crying out for more affordable housing – but the SNP and the Greens are in denial.”
 


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