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21st October 2024

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Mandatory rehab for rapists urged
Rape Crisis Scotland has called for mandatory rehabilitation programmes for sex offenders before their release from prison, following the Scottish Sentencing Council's draft proposals. Chief executive Sandy Brindley highlighted the tragic case of Esther Brown, who was murdered by a released sex offender: “The tragic case of Esther Brown highlighted the grave need for mandatory sex offender programmes.” The charity expressed concern over the release of over 100 moderate to high-risk offenders without completing rehabilitation. They also urged the Council to implement mandatory non-harassment orders to protect victims upon the release of their attackers. The consultation on the guidelines, which aim to ensure consistent sentencing for rape, closed recently, with responses expected from various stakeholders.


 
SENTENCING
Jenrick: Grooming gangs should face whole life sentences
Former immigration minister and Tory leadership contender Robert Jenrick has said the maximum sentences for group-based child sexual exploitation and sexual assault should carry a minimum whole life term. Currently, the maximum sentence for grooming under the 2003 Sexual Offences Act carries a minimum of 14 years but some grooming gang members have received sentences as low as four years for offences such as raping girls as young as 13. Any non-British offender involved in grooming gangs should be automatically deported while officials who fail to report such offences should also face criminal penalties. He sats too many people remain deluded about “these savage and life-ruining crimes” adding: “Anyone who has read the [Alexis] Jay report would support locking up these disgusting predators for life.”


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FIRMS
Pinsent Masons welcomes new partner
Pinsent Masons has appointed Walter Clark, a highly regarded mergers and acquisitions lawyer, to its UK financial services corporate team. Previously a partner at Burness Paull, Clark has extensive experience in the financial services sector, particularly in Scotland. Edward Stead, head of UK corporate at Pinsent Masons, expressed enthusiasm about Clark's addition, saying: “We’ve known Walter for many years thanks to his excellent reputation in the market.” Clark himself remarked: “I am very excited to join such an impressive team of innovative and focused individuals.” This move aligns with Pinsent Masons' ambitious growth strategy in the global financial services sector. The firm currently employs over 550 lawyers and support staff across its Scottish offices.

 
THE LAW
Baroness Hale criticises assisted dying ban
Baroness Hale of Richmond has expressed her belief that forcing individuals to continue suffering is "terribly cruel." In a discussion with former Archbishop of Canterbury Rowan Williams, she said: "It's not a very Christian thing to do to oblige somebody to go on suffering unbearably when they do not wish so to do." The conversation comes in light of the Terminally Ill Adults (End of Life) Bill, which aims to provide terminally ill patients with the option of assisted dying. While Hale supports the right to choose, Williams disagrees, stating that he cannot "countenance" assisted dying for himself due to his Christian beliefs. The Bill, introduced by Labour MP Kim Leadbeater, is set for debate and a vote on November 29, with potential implications for the law in England and Wales.
TAX
VAT change could trigger school closures
The UK Government's decision to end the VAT exemption on private school fees may lead to significant repercussions, including potential school closures and shifts in house prices. Legal experts from Lindsays have cautioned that this policy, effective from January, could create a "domino effect" with "unintended consequences." Helen Kidd, a partner at Lindsays, noted that "some Scottish independent schools will experience a downsizing of their operations," with estimates suggesting that up to 6,000 pupils may transition to state schools. The impact on house prices, particularly in areas like Edinburgh, could be profound, as demand for homes in desirable catchment zones may surge. The Government aims to raise revenue for educational priorities, but the long-term effects on the education landscape remain uncertain.
PROPERTY
Scotland's holiday let battle rages on
Scotland is witnessing a fierce conflict over holiday lets, particularly in Edinburgh, where local authorities are implementing strict regulations. The Scottish National Party (SNP) has introduced a licencing scheme, effective from October 2022, requiring all short-term let operators to obtain a licence by January 1, 2025. Many owners argue that they are being unfairly targeted, with some facing harassment and vandalism. James Findlay KC, a planning barrister, remarked that the Scottish legislation was “not particularly well thought through.” The situation has led to a significant drop in holiday let businesses, with the Association of Scotland's Self-Caterers reporting a 5% decline in membership over the past year. Owners are now seeking compensation, claiming that the council's actions are unlawful and detrimental to their livelihoods. As Paul Phillips, a holiday let owner, stated: “They've just come back and said, ‘You don't need it, because there's been a legal review.'
FRAUD
Cairngorm landowner embroiled in fraud scandal
Alexander Bryan Jeeves, a wealthy landowner in Cairngorm, is implicated in an alleged £800m money laundering and fraud scheme that reportedly "cheated" investors out of their money. Jeeves and his firm, Jeeves Group, were named among defendants in US civil court cases from 2007 to 2016, accused of participating in a "fraudulent enterprise" that involved a Ponzi scheme. Jeeves stated that clients misused the funds, which were "never managed" by his company. In 2012, he and other defendants settled for £78,430, which he described as "indicative of the substance of the claims." Despite the allegations, Jeeves maintains that all transactions are handled by reputable law firms and accountants in the UK.
BREXIT
Murray's Brexit stance under fire
The SNP has launched a fierce critique of Ian Murray, the Scottish Secretary, for failing to act against the Internal Market Act, which he previously condemned as "bad and damaging." Kenneth Gibson, the SNP's MSP, highlighted that Murray opposed the legislation while in opposition but now holds the power to repeal it without any plans to do so. Gibson stated: "Ian Murray in opposition described the Internal Market Bill as 'bad and damaging' - now he sits around the Cabinet table with the power to repeal this antidemocratic legislation." The SNP argues that the Act undermines Scottish democracy and allows UK ministers to impose regulations that could affect Scotland's legislative autonomy. The UK Government maintains that the Act is essential for economic growth and aims to strengthen relations with devolved governments.
HOLYROOD
SNP appoints new interim chief
Carol Beattie has been appointed as the interim chief executive of the SNP following the resignation of Murray Foote. Foote stepped down, citing an inability to “make the necessary personal commitment” for the party's internal reorganisation ahead of the 2026 Scottish Parliament elections. Beattie, who previously served as chief executive of Stirling Council, expressed her excitement, stating: “I look forward to meeting the team at the earliest opportunity.” SNP depute leader Keith Brown praised her experience, emphasising the need for a “professional, modern, dynamic election-winning organisation.” Beattie faces the challenge of revitalising the party after a significant loss in the recent general election, where the SNP's seats dropped from 48 to just nine.
FINANCE
Criminals cash in on crypto
Criminals are increasingly using cryptocurrency to conceal and launder illicit gains. The Economic Crime and Corporate Transparency Act 2023 (ECCTA) has introduced new powers in England to aid the recovery of cryptoassets under the Proceeds of Crime Act 2002 (POCA). A recent case in Scotland marked a legal first, involving the theft of 23.5 Bitcoin during a violent robbery in March 2020. John-Ross Rennie, indicted for his role in the crime, was sentenced to a six-month community payback order and a confiscation order for the Bitcoin's value, which was nearly £110,000 at the time. Lord Scott noted that Rennie's involvement was 'pivotal' to the offence. The upcoming ECCTA will enhance the courts' powers to recover cryptoassets linked to criminal activities, allowing for quicker seizures before assets can be dissipated.
TRANSPORT
Taxi tycoon under police investigation
Paisley Cab Co Ltd, owned by Steven Malcolm, is embroiled in a police investigation following safety concerns regarding its taxi operations. Over 160 drivers risk losing their licenses due to claims of irregularities with insurance and paperwork on 11 vehicles. A spokesperson for Renfrewshire Council said: “Eleven private hire vehicles had been submitted without the correct paperwork, without the correct insurance.” The council held a closed-door meeting to discuss the potential suspension or revocation of these licenses. Malcolm, linked to the Daniel crime clan, attended the meeting with legal representation but declined to comment afterwards. Although the council decided not to take immediate action, the investigation by Police Scotland is ongoing, with enquiries into the application process and council staff involved. Malcolm's taxi business has seen significant financial growth, with net assets rising to £6.92m.
EDUCATION
Asbestos crisis persists in UK schools
Since 1980, over 1,400 teachers and 12,600 pupils have succumbed to mesothelioma, a cancer linked to asbestos exposure. The Joint Union Asbestos Committee's report warns that "hundreds of thousands of students and staff... are predicted to die from mesothelioma" due to inadequate asbestos regulations. Lawyer Harminder Bains of Leigh Day, representing victims, criticises the Government's policy of leaving asbestos undisturbed, stating: "You don't have to see visible dust for it to be dangerous." The report highlights the urgent need for a national database of non-domestic buildings containing asbestos and calls for immediate removal from schools. Liz Darlison, CEO of Mesothelioma UK, describes the situation as a "national disgrace," urging the Government to act before it's too late.
CASES
Nicholas Rossi finally admits he faked identity
Nicholas Rossi, a 37-year-old US fugitive, has admitted in court that he is indeed Arthur Knight, the alias he used while fighting extradition from Scotland. During a bail hearing related to two rape charges in Utah, Rossi claimed he was a victim of mistaken identity, stating: "I don't want to give a mouse cheese" when asked about threats to his life. His identity was uncovered after he was treated for COVID-19 in Glasgow in December 2021, where hospital staff recognised his tattoos. Despite his claims, the judge denied his bail request, citing "clear and convincing" evidence that he would attempt to flee if released. Rossi is accused of raping a woman in Salt Lake County in 2008, and further DNA evidence has linked him to another alleged victim.
Scots teen killed Stagecoach bus driver
A 16-year-old boy, who cannot be named for legal reasons, has pleaded guilty to the culpable homicide of bus driver Keith Rollinson after a violent altercation at Elgin bus station in February 2024. Prosecutor John Keenan KC described how the youth, who had been drinking heavily, displayed an “air of arrogance” during police interviews following the incident. After being refused entry onto the bus due to his intoxication, the teenager assaulted Mr Rollinson, leading to the driver's collapse and subsequent death. The court heard that Mr Rollinson had significant health issues, including heart disease, which may have contributed to his death.
 


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