Legal Matters Scotland
Sign UpOnline Version
12th December 2024

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

THE LAW
Ecocide Prevention Bill gains MSPs' support
A proposed Ecocide Prevention Bill, which aims to criminalise severe environmental destruction, has garnered sufficient cross-party support to be introduced in the Scottish Parliament next year. If enacted, Scotland would become the first UK nation to adopt such a law, which could impose penalties of up to 20 years’ imprisonment for executives responsible for significant ecological harm. Ecocide, defined as large-scale, long-term damage to ecosystems such as deforestation, oil spills, and pollution, would be categorised as the highest level of environmental crime. Monica Lennon’s consultation on the proposal received widespread support, with over 30 MSPs from all major parties endorsing it before the deadline. She clarified that the bill targets corporate executives rather than workers or middle managers, aiming to ensure accountability at the highest level. The Scottish Government has indicated it will not block the proposal, paving the way for its formal introduction in 2024.
Assisted dying could be too expensive for many
The assisted dying bill is currently progressing through the House of Commons, potentially allowing legal assistance for those with six months or less to live. However, lawyer Alexa Payet said the cost of assisted dying in the UK could reach "tens of thousands of pounds" raising concerns about accessibility for the less affluent. The bill requires approval from two doctors and a High Court judge, but Payet noted that many terminally ill individuals may still seek assistance abroad, as the bill's scope is limited. She said: "This bill is incredibly narrow," indicating that it may not address the needs of the majority seeking assisted death.


 
INDUSTRY
Scottish Government will work 'at pace' on reforms for victims
The Scottish Government is committed to reforming the victim notification scheme (VNS) but has acknowledged that changes will not be implemented by the time new early release laws take effect in 2025. Siobhian Brown, the minister for victims and community safety, informed the Holyrood criminal justice committee that while there is a desire to "make progress" on VNS reform, the amendments will not be ready for the February release of offenders sentenced to four years or less. The VNS allows victims to be notified of an offender's release and to have some input into the decision. Following an independent review that made 22 recommendations, the Scottish Government is working on amendments to the Victims, Witnesses and Justice Reform (Scotland) Bill to facilitate these changes. However, Ms Brown confirmed that the changes "are not going to be in place by the second emergency release."
New paralegal accreditation for finance
The Law Society of Scotland has introduced a new specialism in its paralegal accreditation programme, specifically for those working in banking and finance. This marks the 15th area of law recognised for paralegals and the second accreditation in financial services, following the asset management practice competency. Sharon Connolly, Convener of the Accredited Paralegal Committee, expressed her delight, stating: “Bringing our paralegal accreditation programme up to 15 distinct practice areas is a landmark moment for us and shows the importance of paralegals in the workplace.” Bruce Stephen, a member of the Law Society's Banking, Company and Insolvency Sub-Committee, highlighted the growing demand for legal services in banking and finance, emphasising that accreditation enhances client confidence in the work of solicitors and paralegals.

 
CASES
Father and stepmother guilty of Sara Sharif murder
The father and stepmother of 10-year-old Sara Sharif have been found guilty of her murder. Urfan Sharif and stepmother, Beinash Batool, were found guilty of murder after subjecting her to "horrific suffering" for more than two years, while her uncle, Faisal Malik, was convicted of causing or allowing a child's death. In a statement read outside the Old Bailey, Det Ch Supt Mark Chapman of Surrey Police, said: "The murder of a child is absolutely shocking, but the abuse Sara suffered during her short life has made this case particularly disturbing." The murdered schoolgirl had been on child protection list since birth over allegations of neglect and violence.
Charity funds stolen by Perthshire crook can be returned
Lawyers have negotiated a deal to ensure charities defrauded by Lindsay MacCallum can recover the full £95,000 she embezzled. MacCallum, who was sentenced to three years in prison in October for defrauding the Rainbow Valley cancer charity of £85,978 and stealing £9,505 from the Anthony Nolan Trust, has already repaid £25,000 to Rainbow Valley. Concerns arose that if a criminal confiscation order was granted, the reclaimed funds would go to the Treasury instead of the charities. To avoid this, it was agreed at Falkirk Sheriff Court that confiscation proceedings would be paused to allow MacCallum until March to repay the remaining amount. If the funds are repaid by then, action under the Proceeds of Crime Act will be withdrawn.
TECHNOLOGY
Swinney open to social media ban for under-16s
Scottish First Minister John Swinney has said he would consider a ban on social media for under-16s, after Australia introduced such a policy. The UK Government, which is in charge of online safety rules in Scotland, has said such a move is "on the table". Swinney told BBC Scotland News he had discussed the issue with Labour ministers and would "look carefully" at options to protect youngsters. He added it was important to "strike the right balance" between protecting people from the "damaging" effects of social media, while also noting it could have a positive impact.
SOCIAL
'Urgent progress' needed to reduce drug deaths, says Swinney
John Swinney has said Scotland needs to make "urgent progress" to address the country's drug deaths emergency. The SNP Government has launched a new charter of rights for Scots battling addictions, highlighting seven rights for drug users, including the "right to the highest attainable standard of physical and mental health." The charter has received support from the UN High Commissioner for Human Rights, Volker Turk, who called for new approaches to addiction. The Scottish Government has faced criticism for failing to address the country's drug deaths crisis, with more people dying from substance abuse per head of population than anywhere else in Europe.
HEALTH
Scotland will adopt ban on puberty blockers
The Scottish Goovernment will follow the UK's ban on puberty blockers for under-18s. UK Health Secretary Wes Streeting told MPs he was extending the temporary ban introduced in May following a consultation and advice from the Commission on Human Medicines. Holyrood confirmed that since medicines policy was reserved to Westminster, the ban would apply across England, Scotland and Wales.
INTERNATIONAL
FBI chief resigns early
The head of the Federal Bureau of Investigation (FBI) will resign from his post before President-elect Donald Trump takes office next month. Christopher Wray’s decision to step down early will pave the way for Kash Patel to succeed him when Trumnp’s administration begins. In 2019, Patel served on the White House national security council before becoming chief of staff to the then acting defence secretary, Christopher Miller. He has preciously said he would restructure the FBI and ensure its agents were focussed on chasing down criminals.
OTHER
HMP Barlinnie could gain heritage status
Historic Environment Scotland (HES) has initiated a public consultation regarding the potential designation of HMP Barlinnie as a Category A listed building. Barlinnie, located in northeast Glasgow, is notable for being Scotland's most complete surviving example of a 19th-century prison, reflecting evolving attitudes towards prison reform. The consultation will remain open until January 22, 2025, inviting public input on the building's significance.
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

Follow us on FacebookFollow us on XFollow us on Linkedin

This e-mail has been sent to [[EMAIL_TO]]

Click hereto unsubscribe