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20th December 2024

A free early morning round up of news for legal professionals across Scotland.
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COURTS
End secret plea deals now
John Swinney has been urged to end secret plea deals in Scottish courts, which deny victims true justice. Scottish Tory leader Russell Findlay highlighted the need for victims to be informed and consulted when prosecutors offer plea deals, stating: "That practice can result in very serious charges being watered down or dropped altogether." He cited the case of Keith Rollinson, whose killer received a lesser charge of culpable homicide after a plea deal. Findlay proposed amendments to the Victims, Witnesses and Justice Reform (Scotland) Bill, advocating for victims to have a say in plea deals and to be notified when such deals are made. While Swinney acknowledged the need for justice, he maintained that prosecution and sentencing are independent matters. Findlay also called for victims to have a greater role in the Scottish Sentencing Council, which currently has limited representation for victims' issues.


 
THE LAW
Criminals exploit human rights laws
The European Convention on Human Rights (ECHR) has become a tool for various criminals to evade deportation from the UK, the Telegraph asserts. A notable case involves a 70-year-old Turkish heroin dealer, who successfully argued for his right to remain under Article 8, which protects family life, despite his criminal past. Other cases include Abu Qatada, who avoided deportation to Jordan due to fears of torture, and Fatmir Bleta, wanted for murder in Albania, who claimed his rights would be violated if sent back. The use of the ECHR to enable dangerous offenders to remain in the UK raises serious concerns about public safety, the piece says.


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SOCIAL
Ministers urged to tackle anti-social behaviour on public transport
City of Edinburgh Council is to seek action from the Scottish Government to address anti-social behaviour and violence on public transport, with transport convener Cllr Stephen Jenkinson saying the issue "has been particularly prominent on Lothian Buses in Edinburgh, where a string of incidents over recent months has raised alarms for both public safety and the welfare of staff". Cllr Jenkinson said the issue had partly been driven by the introduction of free bus travel for under-22s - stressing that while most young people use free travel responsibly "it has undoubtedly brought some unintended consequences". The council has called for changes to the concessionary travel scheme to allow access to be withdrawn from those involved in misconduct.
SENTENCING
Campaigners call for end to criminal punishments for domestic abuse survivors
A letter from Women in Prison, signed by prominent figures such as Cherie Blair KC and Dame Vera Baird KC, calls for an end to survivors of domestic abused being locked up after becoming involvement with the criminal justice system. The letter states: “Survivors are being arrested, sentenced and imprisoned as a result of their experiences of domestic abuse.” With three in five female inmates having experienced domestic abuse, the government is under pressure to reconsider how these women's pasts are treated in court.
CASES
Twisted foster carer escapes jail
William Morrice, an 81-year-old former foster carer, has been sentenced to a rare type of punishment after being found guilty of sexually, physically, and mentally abusing five children in his care from the 1970s to 2003. Due to his dementia and housebound status, he could not stand trial, leading Sheriff Christine McCrossan to impose a five-year sex offences behaviour requirement instead of jail time. Victims expressed their disappointment, stating: “This entire process has been a demoralising disappointment from start to finish.” They highlighted the lack of justice, as Morrice never appeared in court to face them. The case has raised concerns about the handling of such abuse cases, with victims now pursuing civil action against Aberdeen City Council for failing to protect them despite previous warnings.
Turriff child sex predator back in court
Stewart Barclay, a convicted sex offender, has appeared in court again for sending naked images to a 14-year-old girl. At 21, he coerced the child into viewing indecent material despite her repeated refusals. Fiscal depute Alison Wylie detailed how Barclay's initial advances were treated as a joke, but escalated to more sinister behaviour, including requests for explicit images. Following a police investigation, the girl's phone number was found on Barclay's device, leading to her disclosure of the incidents. Sheriff Robert McDonald remarked: "You are quite clearly a menace to young teenage women." Sentencing is deferred until February 4, with Barclay placed on the sex offender's register once more.
Pensioner faces murder charge in court
John Hanson, an 84-year-old pensioner, has made a second court appearance regarding the death of his wife, Margaret Hanson, also 84, who was found dead at their home in Wood Street, Galashiels. During the private session at Jedburgh Sheriff Court, he did not enter a plea to the murder charge and has been fully committed for trial. Following the hearing, he was remanded in custody.
CRIME
Teenager charged over hidden camera at school
A 15-year-old boy has been charged by Police Scotland over allegations that a hidden camera was installed in the girl's bathroom at Harris Academy in Dundee. A female pupil reportedly discovered the camera and handed it in to staff, with the Daily Record saying it is "alleged the device contained hundreds of videos of naked teenage girls filmed in changing rooms and toilets". Dundee City Council has said it would be "inappropriate to comment on an ongoing police matter", while Police Scotland has said a report "will be submitted to the Youth Justice Assessor".
PROPERTY
Council sets out demolition plans for RAAC-affected homes
An Aberdeen City Council report has set out plans for the demolition of 504 homes across 372 buildings in the Balnagask area of Torry due to widespread issues with reinforced autoclaved aerated concrete (RAAC). Of the 504 homes the council aims to demolish, 366 are council-owned, with 138 currently in private ownership, and the council plans to build new social housing on the site once demolition is completed, expected in 2028. There are still questions over some of the privately-owned homes - with the BBC speaking to one homeowner in his 70s who says he has been offered just £20,000 plus a £2,000 disturbance fee for his flat, which he argues is just a third the value of similar properties, and would leave him with alternative but to rent privately, as he will not be able to get a mortgage.
EMPLOYMENT
Labour MP says terminally ill workers deserve better rights
Lee Barron, the Labour MP for Corby and East Northamptonshire, has initiated a debate on enhancing employment protections for terminally ill workers, stating it is "the start of a conversation, not the end." The discussion highlighted a "loophole" allowing some employers to dismiss employees with terminal illnesses. Despite Barron's advocacy, a government minister from the Department of Business and Trade argued that the current flexible approach is sufficient. Barron, a supporter of the Dying to Work campaign, stressed that individuals with terminal diagnoses should not have to worry about employment tribunals, asserting that "our values are of compassion and fairness."
WESTMINSTER
UK anti-corruption minister embroiled in $5bn scandal
Tulip Siddiq, the UK's economic secretary, is facing serious allegations of embezzlement linked to a nuclear power project in Bangladesh. Court documents reveal that Ms Siddiq is named alongside her aunt, the former prime minister of Bangladesh Shaikh Hasina. The family is accused of siphoning off £3.9bn from the Rooppur nuclear power plant, allegedly in collusion with Russian officials. The deal was signed in the Kremlin in 2013, with photos showing that Siddiq was present, standing alongside Hasina and Vladimir Putin. Downing Street insisted Starmer had full confidence in Siddiq but senior officials are reportedly nervous over the claims. Shaikh Hasina’s regime has been accused of authoritarianism, human rights abuse and rampant corruption with an arrest warrant recently issued for the former PM.
 


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