Legal Matters Scotland
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24th June 2024

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THE LAW
Labour won't lift block on Scottish gender law
Sir Keir Starmer has stated that a Labour government would not lift the block on Scotland's gender reforms. Starmer also said that there is "a lot to learn" from how gender issues have been handled in Scotland. The Gender Recognition Reform (Scotland) Bill, which aimed to simplify the process for trans people to change their legal gender, was passed in Holyrood in December 2022 but was later blocked by a Section 35 order issued by Scottish Secretary Alister Jack. Despite calls from the SNP and the Scottish Greens to lift the block, Starmer affirmed that there would be no change in the party's position. First Minister John Swinney has ruled out introducing new legislation on gender reform, and the Conservatives have indicated that they could strip Holyrood of the power to pass gender laws if they win the general election. However, the Times reports that Labour does still plan to make it easier for people to legally transition in England and Wales, and obtain a gender recognition certificate (GRC), by removing the need for them to prove they have lived as their preferred gender for two years. Instead, transgender people will be required to undergo an effective cooling-off period for two years after their application for a GRC is submitted, after which they can be signed off by a single family doctor rather than a panel of doctors and lawyers.
Nature charities urge ministers to deliver delayed Natural Environment Bill
The Scottish Environment LINK coalition, a group of nature charities, has called on SNP ministers to deliver the delayed Natural Environment Bill. The bill aims to create legal targets to halt the loss of nature by 2030 and restore Scotland's natural environment by 2045. The coalition warns that any further delay would accelerate the decline of species, with one in nine at risk of extinction in Scotland. Scotland is one of the most nature-depleted countries in the world, with iconic species like red squirrels, wildcats, otters, and grouse under threat. The European Parliament has recently adopted a Nature Restoration Law, and campaigners have urged the Scottish Government to keep pace with Europe and fulfill its environmental ambitions. Scottish Environment LINK has written to Scotland's Net Zero Secretary, Mairi McAllan, urging the introduction of a Natural Environment Bill with statutory targets to recover nature.


 
CASES
Scottish councils' pension fund settles legal claim with sportswear company
Lawyers acting for a pension fund representing workers in three Scottish councils have secured a $434m settlement from US sportswear company Under Armour. The North East Scotland Pension Fund (NESPF) accused the firm of making false statements about its products. The proposed settlement, pending court approval, comes weeks before a jury trial was due to begin in the USA. Mark Solomon, counsel to the NESPF, said: "This is an important win for investors and a strong message to the directors and officers of public companies." Under Armour, with a market cap of $3bn, consistently denied the accusations and will pay $434m to settle the claims. NESPF administers a scheme for 71,000 workers including Aberdeen, Aberdeenshire and Moray council staff.
Baby J investigation to be reopened
An investigation into the death of an 11-week-old baby boy a decade ago is to be reopened by specialist homicide prosecutors. The infant, known for legal reasons only as Baby J, suffered injuries that a judge later said could only have been inflicted by his then teenage parents. Scotland’s Crown Office and Procurator Fiscal Service (COPFS) previously said that it had found "insufficient evidence" for a criminal prosecution. The lord advocate Dorothy Bain KC, has said that she will re-examine certain aspects of the case because the "experience and expertise of COPFS in investigating deaths of this nature has developed significantly since [Baby J]’s death almost ten years ago."
Man jailed for 10 years over £1.6m cocaine operation
Steven Gribble, 42, has been sentenced to 10 years in jail by the High Court in Edinburgh for his involvement in a large-scale cocaine operation in Scotland. The police seized over £1.6m worth of cocaine during an intelligence-led operation and a property search in Aberdeen. Detective Inspector John Pirie stated that the sentence is the result of extensive work to dismantle supply lines and highlights the commitment of the police to combat serious organised crime.
Leading human rights lawyer escapes road ban
Leading human rights lawyer Mark Muller KC has escaped a road ban at Selkirk Sheriff Court after being accused of dangerous driving. He was convicted of the lesser charge of careless driving instead. The incident was captured on an off-duty police officer's dash-cam. Sergeant David Waddell testified that he would have been involved in a head-on collision with Muller if he had not slowed down. Muller was fined £400 and had four penalty points placed on his licence.


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INDUSTRY
Schinkel: Very little justice in our criminal ‘justice’ system
Dr Marguerite Schinkel, a senior lecturer in Criminology at the University of Glasgow, reflects on figures showing that the Scottish Government has released 500 prisoners early due to overcrowding and safety concerns. Dr Schinkel says this highlights the inability of the prison system to effectively implement justice. Research shows that there is a lack of fairness in the criminal 'justice' system, with different punishments for similar acts depending on the perpetrator, adds Dr Schinkel. The statistics also reveal a disproportionate number of prisoners coming from deprived areas. The website weareallcriminals.org demonstrates how many law-abiding citizens have a criminal history. She concludes that the current criminal justice system is limited in its approach and fails to serve victims, offenders, and the public, and a "major rethink" is required to move towards a more just system.
Student helps victims navigate the Scottish legal system
The Press and Journal speaks to Sophie Corroon, a law student at Aberdeen University and volunteer helper at Aberdeen Sheriff Court. As part of Victim Support Scotland's volunteer programme, Sophie offers support to victims, witnesses, and their families and friends. She also provides practical assistance, such as helping with personal safety concerns, and emotional support. Sophie's own experience with the legal system started when a classmate posted photos of her online, accompanied by sexually abusive texts. Her parents, shocked at the intrusion, contacted the police. But even then Sophie felt in the dark about what would happen next. The initial feeling of helplessness led her to sign on as volunteer support worker for Victim Support Scotland after she moved to Aberdeen to start her law degree.
COMPENSATION
School takes out £4m loan to cover abuse claims
A prestigious independent school has been forced to take out a £4m loan to cover the cost of compensation claims related to historical abuse. Police launched a series of investigations into Edinburgh Academy after former teachers and staff members at the school were accused of attacking pupils between 1960 and 2000. Witnesses told the Scottish Child Abuse Inquiry that “quite a number” of students had brought civil claims against the school. Pupils estimate that more than 50 alumni may be seeking compensation. However, Edinburgh Academy cannot call on insurers to pay out claims for incidents from the 1960s and 1970s, because it cannot source its insurance policies from the period.
HOLYROOD
Parliament stamps not used for campaign, says Swinney
First Minister John Swinney has insisted that no public money has been used on the SNP's election campaign. The party is under investigation by Scottish Parliament officials following an allegation that stamps bought on parliamentary expenses were passed to UK election candidates for campaigning activities. Mr Swinney told the BBC's Laura Kuenssberg on Sunday programme that he had been "assured that no parliamentary stamps that have been provided by Parliament have been used to support election purposes."
 


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