Legal Matters Scotland
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26th July 2024

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SENTENCING
Rapists in Scotland serving less than six years on average
Data from the Scottish Courts and Tribunals Service reveals that rapists in Scotland are, on average, serving less than six years for their crime. The figure, shared by Victoria Young, the Scottish Sentencing Council’s advocate member, comes as new draft sentencing guidelines for rape offences go out to consultation. Writing in The Herald, Ms Young says each case requires "challenging and difficult decision-making at the point of sentencing." She said the new guidelines would help judges to "decide the most appropriate sentence in these sensitive and complex cases, and will serve to inform victims and the public about sentencing." Scottish Courts and Tribunals Service data show that over the past four years, the average number of court disposals for rape was 98 per year, an increase from 57 for the previous four-year period. The consultation on the guidelines will run until October 18th.



 
CASES
Family loses human rights claim against NHS Grampian over child's care
A family who had their child placed into care after doctors suspected a “fabricated or induced” sickness lost a human rights action against NHS Grampian. The unnamed household hired lawyers to challenge NHS Grampian in the Court of Session, claiming physicians violated their human rights in February 2018. The court heard that the youngster was administered epileptic medication at four months old. Her feeding tube was fitted in 2017 after many operations. The youngster was hospitalised with "profuse watery diarrhoea" at Royal Aberdeen Children's Hospital in February 2018. Doctors discovered her salt levels were “dangerously high” and hospitalised her for almost seven weeks. The Orkney Islands Council, where the family lived, was informed of the physicians' findings, the court heard. The family's lawyers sought Lord Braid's ruling that the doctors violated Article 8 of the European Convention on Human Rights. Lord Braid decided against the family in a Thursday written ruling where he said the evidence demonstrated that the physicians assessed appropriately and followed Strasbourg judges' rulings. 

 
STV
Former STV presenter jailed for stealing £120,000 from mother with dementia
A former STV presenter, Hayley Matthews, has been sentenced to two years in prison for stealing £120,000 from her mother, who suffered from dementia. Matthews used the money to purchase luxury items, including a handbag and cosmetics, after being granted power of attorney over her mother's finances. The embezzlement came to light when family members questioned the value of Janice Matthews' estate following her death. During the trial, it was revealed that Matthews had misled her family about the estate's value. A police investigation uncovered substantial spending by Matthews, including PayPal transactions, ATM withdrawals, and purchases from various retailers. In text exchanges with her father, Matthews admitted to mishandling her mother's money and using it for personal gain.
Woman abused at Fornethy School hopeful for compensation
A Holyrood committee has ruled that the Fornethy Survivors, a group of over 200 women who suffered historic child abuse at Fornethy House, should be eligible for compensation under the Redress Scotland scheme. Previously, the survivors were unable to access the scheme because they were only in short-term respite care. Lynne Sheerin, one of the survivors, described her time at Fornethy House as "absolute torture" and detailed the physical, mental, and sexual abuse she endured. Deputy First Minister Kate Forbes has been urged to widen the scheme to include the Fornethy survivors. The Scottish Government has acknowledged the abuse and expressed regret for the survivors' experiences.
Man's will to be amended after death in rare case
A man's will is to be changed to reflect that he died before marrying in a rare case of a judge allowing instructions to be amended after death. Peter Bryant died in 2020 before being able to marry Nina Angelova after a 12-year relationship. Angelova claimed that the solicitors' firm that drafted his will made a "clerical error" that inhibited her ability to benefit from a trust. The fiancée asked the judge to amend the will despite Bryant having died to read that she was the beneficiary of the trust "whether or not we are married at the date of my death". Sitting in the High Court, Master Julia Clark has backed Angelova's claim, saying that it was "plain on the face of the will file" that the solicitor had made an error. The judge ordered that the will be amended as the fiancée had requested. The case was heard against the backdrop of a rise in legal rows over inheritances, which it was reported had leapt by more than 34% in five years.


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PRISONS
Scottish prisons fail to implement human rights recommendations
A new report claims that Scottish prisons are putting lives at risk by failing to implement crucial human rights recommendations that were called for over 30 years ago. The report, released by the Scottish Human Rights Commission (SHRC) and the UK National Preventive Mechanism (NPM), highlights multiple areas of concern including mental health, segregation, and deaths in custody. The report found that 83% of previous recommendations have yet to be implemented, with little-to-no progress in the last decade. It also reveals the prevalence of segregation and a lack of mental healthcare in prisons. The report calls for urgent action to address these issues and ensure the protection of absolute rights. The report has been welcomed by Justice Secretary Angela Constance.
THE LAW
Assisted suicide legislation in scotland sparks debate
Professor June Andrews OBE reflects on Holyrood's consultation on legislation for assisted suicide in Scotland. She says the debate will intensify later this year when the Health Committee completes its public call for views and begins hearing oral evidence. The need for hard questions about how it could ever possibly be implemented cannot be emphasised enough, says Prof Andrews. She explains that the dangers are clear when you consider the practical and ethical problems of applying a law that permits you to end someone's life, especially if the people involved have dementia, or are afraid of the condition. "A right to die for some could end up as a duty to die for others," she concludes.
FIRMS
Law firm offers work experience opportunity for aspiring lawyers in North Lanarkshire
An award-winning law firm in North Lanarkshire is offering residents the opportunity to shadow criminal lawyer Thomas McGovern in Hamilton Sheriff Court. Tom, a criminal defence lawyer at McGovern Reid Court Lawyers, is looking to give people who may not otherwise get the chance to kick-start a career for themselves. The work experience opportunity is open to people living in the ML1 and ML2 postcode areas, including senior school pupils and university and college students. Interested individuals can expect a hands-on experience, including a tour of the court and discussions about cases and the legal process.
IMMIGRATION
Scheme for EU citizens post-Brexit faces legal challenges
The UK Government scheme allowing EU citizens to remain post-Brexit is facing legal challenges due to conflicting court rulings. In one case, a Slovenian software engineer lost his right to emergency housing, while in another case, a Spanish mother was granted the opposite ruling. A French citizen with deteriorating health seeking housing assistance also had her case dismissed. Legal experts warn that these inconsistencies could have severe consequences for vulnerable EU citizens, similar to the Windrush scandal. The rulings have caused confusion and could lead to further inconsistencies in benefit rules. Experts are calling on the Home Office to officially recognise the scope of the EU Settlement Scheme to prevent a potential "Windrush II" situation. The Government has hinted at a possible review of the scheme.
WESTMINSTER
MPs vote to tighten rules on outside jobs
MPs have backed a plan from the new Labour government to tighten rules on what they can do in an outside job. The changes will eliminate exemptions allowing MPs to advise employers on "public policy" and how Parliament works. The move aims to close potential loopholes and ensure MPs focus on their constituents. A new 14-member "modernisation committee" will also be established to recommend broader changes to how the Commons works. While MPs will still be able to engage in certain outside activities, such as media appearances and writing, the exemptions allowing them to provide advice on public policy and Parliament will be removed. The rule change is seen as a first step, with the committee expected to propose further changes to MPs' practices.
 


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