Legal Matters Scotland
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6th August 2024

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
COPFS review after police summoned to give evidence against dead man
The Scottish Police Federation (SPF) has issued a warning about the scale of disruption to the force caused by unnecessary citations in Scotland's criminal justice system. The SPF highlighted cases where police officers were summoned to give evidence against a deceased accused and instances where officers were given last-minute citations. The Crown Office and Procurator Fiscal Service (COPFS) acknowledged the issue and stated that its processes are being reviewed. The SPF called for improvements in the court system, including better communication, resolving cases on the day, and notifying officers of any changes. Chief Constable Jo Farrell also highlighted the issue, stating that the judicial system in Scotland is inefficient and has resulted in wasted police resources. Efforts are underway to make the court system more efficient, including a summary case management pilot and a court scheduling app being piloted in Aberdeen and Dundee.
Gender-critical legal fights spur rise in crowdfunding
The Telegraph reports on the increase in gender-critical discrimination cases being crowdfunded as workers claim to be penalised for speaking out against transgender ideology or supporting women's rights. "We're seeing law firms really leap on it," said Dawn Bebe, the boss of platform Crowdfunder, which last year bought CrowdJustice for an undisclosed sum. "More and more people realise this is a legitimate way to raise money," said Bebe, adding: “The people fighting cases [on the website] tend to be challenging the status quo and can influence case law if they win."



 
POLICING
Police Scotland seeks civilians to join crime investigation team
Police Scotland is looking to hire civilians to join their team of investigators. The roles involve working on large-scale investigations, resolving complaints, and conducting fatal accident enquiries. The positions are available across the country, including in Dalmarnock, and offer a salary of £30,629 per year. The job requires either Higher National Certificates (HNCs) or experience in the Criminal Justice System. The Scottish Police Federation (SPF) expressed disappointment, stating that qualified officers should be hired instead. The SPF highlighted the recent cutbacks on officer numbers and overtime and the redundancy process undertaken to reduce payroll costs. They emphasised the need for news on the pay claim for officers, as police numbers have already fallen to levels not seen in over a decade.


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PROPERTY
Third of Scottish councils under scrutiny over housing
The housing regulator is investigating one-third of Scotland's local authorities because of doubts about their capacity to fulfil their legal duty to provide houses. The regulator has verified that 10 of Scotland's 32 councils are either suffering from systematic failure in their homelessness services or are particularly vulnerable to it. Glasgow and Edinburgh have already declared a housing emergency and are corresponding with the regulatory body. Aberdeen City, Dumfries and Galloway, Dundee City, East Lothian, East Renfrewshire, Fife, Stirling, and West Lothian are among the other councils where there is a heightened risk of systemic failure. These councils will meet quarterly to discuss their homelessness services with the housing regulator. Since 2020, there has been a five-fold increase in the number of legal violations pertaining to temporary accommodations. The Scottish Government has faced complaints from the Scottish Tenants Organisation for not doing more to address the housing crisis.
Councils take nine months on average to house homeless Scots, claim new figures
The Scottish Liberal Democrats claim ministers have 'completely failed' to tackle the country's housing crisis. According to figures, it takes councils an average of nine months to find a homeless person permanent accommodation. In 2022-23, it took an average of 270 days for councils to provide settled accommodation for those threatened with homelessness or unintentionally homeless. The Edinburgh City Council area had an average wait of almost two years. The figures show that average waits across Scotland have increased, despite a slight rise in the number of people being assessed and housed.
TECHNOLOGY
Google's dominance ruled illegal in landmark decision
A US judge has ruled that Google's search engine has been illegally exploiting its dominance. The ruling comes after a trial between the U.S. Justice Department and Google, with the judge concluding that Google has been running an illegal monopoly. The decision vindicates antitrust regulators and represents a major setback for Google and its parent company, Alphabet. The outcome could result in a wide-ranging order requiring Google to dismantle parts of its internet empire or prevent it from automatically answering queries on certain devices. The ruling could also benefit Microsoft and impact the battle in artificial intelligence. 
CASES
20-year-old man accused of attempted murder in Dundee
A 20-year-old man has been charged with trying to kill a motorcyclist in Dundee, according to court documents. Darren Duncan is accused of using his vehicle to force Connor Smith, 31, off a motorbike on Alexander Street on June 12. The prosecution claims that Duncan intentionally crashed his car into Smith's motorbike as it was travelling on the opposite carriageway. According to the allegations, Duncan tried to kill Mr. Smith because his injuries were so severe that they were endangering his life.
Man charged with attempted murder after woman stabbed in Stirling
Following a woman's stabbing in Stirling, a man has been charged with attempted murder and made an appearance in court. At Falkirk Sheriff Court, 29-year-old Callum Fisher was charged with assault causing severe injury and attempted murder. He entered no plea. The 21-year-old lady suffered a "non-life threatening" stabbing wound and was rushed to Forth Valley Royal Hospital for treatment.
PRISONS
Prison chief says service needs a “brave transformational agenda”
Wendy Sinclair-Gieben, the outgoing chief inspector of prisons, has said Glasgow’s replacement for the Victorian Barlinnie jail should incorporate a courts complex and mental health services for criminals. She said that, with a rise in deaths in custody and a decline in rehabilitative activity, it was time for Scottish ministers to enact a “bold and brave transformational justice agenda” to transform a service in which the “prisoner journey is, frankly, broken”.
ECONOMY
Scotland retains second place for Foreign Direct Investment projects
According to a recent EY UK Attractiveness Survey, Scotland is still the second most desirable location in the UK for Foreign Direct Investment (FDI) projects. The study also showed that investor moods are still rising, especially among Americans, French, and German investors. The demand for high-quality housing, care facilities, and specially designed student housing buildings, coupled with the desire of foreign-based corporations to benefit from tax-efficient structures, is driving a growth in indirect agreements in the real estate sector.
 


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