Legal Matters Scotland
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26th April 2024

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Scottish government's independence paper explores justice system post-independence
The Scottish Government’s latest independence paper focuses on justice, setting out how the legal system would work post-independence. The 13th paper in the Building a New Scotland says Scotland could take its own decisions on issues such as gambling and drug prohibition if it was to leave the UK. The paper says Scotland’s independent judiciary and the role of the Lord Advocate would continue after independence. The Court of Session (for civil matters) and the High Court of Justiciary (for criminal matters) would continue as the most senior courts in Scotland and collectively would become the Supreme Court of Scotland. Justice Secretary Angela Constance said: “There is more we could do with independence”. She said: “Scotland’s police and prosecutors would regain access to tools to pursue criminals across borders which were lost following Brexit, such as the Schengen Information System and the European Arrest Warrant.” She added: “With the power to take our own decisions, we could also enhance and further embed our public health approach to justice issues, extending this to addiction such as drugs and gambling.” She said independence could lead to “a more effective approach to improving justice outcomes, reducing burdens on the justice system and further reducing the number of victims of crime”.
Law Society of Scotland calls for clarity on legislation to protect neurodivergent people
The Law Society of Scotland has called for greater clarity on the aims of new legislation to protect neurodivergent people and people with learning disabilities. The professional body has made a submission on the Scottish Government’s consultation proposing a Learning Disabilities, Autism and Neurodivergence Bill. Lynda Towers, Convener of the Law Society’s Mental Health and Disability Committee, said: “We support the intention to better protect, respect and champion the rights of neurodivergent people and people with learning disabilities. However, it’s important that new laws are clear, workable and do not inadvertently discriminate against groups with similar needs.” She added: “The current lack of support for neurodivergent people and people with learning disabilities  may to some extent, arise from a lack of awareness and understanding of the current legislation. Any new legislation in this area must deliver real improvements to people’s lives.”


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THE LAW
Children's hearing system to handle crimes committed by under 18s
A bill which would see children under 18 who commit crimes dealt with through the Children's Hearing system rather than the courts has passed. The Children (Care and Justice) (Scotland) Bill was backed by MSPs with a vote of 71 to 49. The bill aims to increase the age at which someone is considered a child from 16 to 18 and ensure that young offenders under that age are no longer housed in young offenders institutions. Children's minister Natalie Don described the passage of the bill as a "significant step forward".



 
SENTENCING
Sheriff claims legal system accused a ‘soft touch’ on drug offenders
Sheriff James MacDonald has claimed that the Scottish legal system no longer imposes tough sentences on drug dealers. The sheriff criticised social workers for recommending a “soft-touch” sentence as punishment for a drug dealer convicted of supplying cocaine. He claimed the treatment of drug dealing appeared to have been dramatically downgraded in recent years, with lengthy prison sentences no longer being imposed at High Court level. He was talking after reading a background report on Oliver Colquhoun, 20, who was appearing before him for drug driving and being concerned in the supply of the class A drug. Colquhoun earlier pleaded guilty at Livingston sheriff court to driving his Honda scooter through Armadale, West Lothian, on September 19 last year while under the influence of the class B drug cannabis. The sheriff rejected the social worker’s suggested option of a structured deferred sentence for the drug-dealing charge and imposed a community sentence as a direct alternative to prison. For the drug-driving offence he fined Colquhoun £400 plus a victim surcharge of £20 and disqualified him from driving for 12 months.
FRAUD
Perfect solution does not exist for disclosure, report says
A barrister who is conducting an independent review of the challenges of investigating and prosecuting fraud cases and the operation of the disclosure regime in a digital age says it is evident “that a perfect solution does not exist.” Preliminary findings published by Jonathan Fisher KC note that the Serious Fraud Office (SFO) average case has around 5m documents and the proliferation of digital material and progressively complex offences means disclosure is an increasingly time and resource-intensive process for all parties. City AM notes that disclosure issues “have always been the SFO's Achilles' heel, resulting in long-winded investigations and problem-riddled trials.” SFO director Nick Ephgrave welcomed the findings, and said he supports a “disclosure regime that works for the digital age and ultimately speeds up cases outcomes.”
CASES
Former Post Office executive denies 'covering up' evidence in horizon it scandal
A former executive at the Post Office, Angela van den Bogerd, has denied "covering up" key evidence in the Horizon IT scandal. She has been accused of making "false" statements to the High Court and misleading postmasters. Van den Bogerd denied "covering up" the fact that individual branch accounts could be accessed remotely by IT experts. The inquiry revealed that she was aware of this possibility but did not act on it. Van den Bogerd apologised for the devastation caused to those impacted by wrongful convictions and contract terminations. The scandal involved around 4,000 branch owner-managers who were unjustly accused of wrongdoing over 16 years. The inquiry is ongoing.
HOLYROOD
Yousaf under pressure after ending power-sharing deal
The Scottish Greens have said they will vote against First Minister and SNP leader Humza Yousaf when he faces a motion of no-confidence. The move came after he ended the power-sharing agreement between the parties. The Greens said they no longer believe the Scottish Government would do the right thing for climate and nature policies. STV reports that Mr Yousaf is "considering his position".
 


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