Legal Matters Scotland

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INDUSTRY
Lawyers respond to offer on legal aid
Community Safety Minister Ash Regan has made a “substantial and credible offer” of support to Legal Aid practitioners. A package of support was set out by Ms Regan in a letter to the sector which builds on the increases to fees already introduced over the past three years. The Scottish Government says that the offer addresses issues raised as priorities by the legal profession and has been made following extensive engagement to provide a sustainable way forward for criminal defence solicitors. It sets out a package of funding worth £11m, equivalent to an 10.3% increase in solicitors’ fees, on top of the £10m increase already introduced, and would bring the total recurring increase to legal fees since 2019 to over 25.2%. However Law Society of Scotland president Murray Etherington said: “This latest announcement from the Scottish Government may recognise a serious problem to be solved. However, it falls far short of the investment we have argued for and which we believe is necessary to retain solicitors in the legal aid system to ensure access to justice for all.”
Plans considered for dedicated courts to prosecute sex crimes
Specialist courts to prosecute serious sexual offences in a bid to increase conviction rates, support victims, and help clear a huge backlog in cases could be set up in Scotland. The move to consider setting up a national sexual offences court follows a review by senior judge Lady Dorrian, on ways to improve the management of sexual offence cases which she published last year. In her report the Lord Justice Clerk recommended the new courts should have sentencing powers of up to 10 years imprisonment and that all staff and lawyers would have received specialist training. Commenting, Tony Lenehan, President of the Faculty of Advocates' Criminal Bar Association (FACBA), said the Faculty understood "that reducing the status of serious sexual offence trials below High Court prosecution is certainly hoped by the special interest groups to deliver increased conviction rates". However, he said there was a fear that it could prioritise cost over accuracy and fairness of outcome.


 
THE LAW
Government seeks views on laws to transform land ownership
Members of the public are being asked to give their views on proposals aiming to improve Scotland’s system of land ownership. A consultation on new land reform legislation has been launched by the Scottish Government. It is believed that half of the country is privately-owned land held by 432 owners. Of those, 16 are estimated to own 10% of the country. Ministers are aiming to bring forward a Bill to address “long-standing concerns” about a highly concentrated pattern of land ownership in rural areas of Scotland. It would also seek to ensure that land is owned, managed and used in ways that meet present-day challenges. The consultation will close on September 25 this year.
Attorney General ‘has no right’ to target Scottish gender bill
The Attorney General exceed her powers if she tries to overturn a plan to make it easier for trans people to legally change gender in Scotland, legal experts have claimed. Suella Braverman QC, has spoken of her opposition to the Gender Recognition Reform (Scotland) Bill. Braverman, the Conservative MP for Fareham, Hampshire, suggested she could trigger a constitutional row by intervening as the bill progresses. However, Andrew Tickell, senior lecturer in law at Glasgow Caledonian University, said that she would have no jurisdiction to do so. “The attorney-general does not have the power unilaterally to block legislation passed by the Scottish parliament,” he said. “Her only scope for action is to refer the bill for Supreme Court review on competence grounds before royal assent.”


 
PROPERTY
Watchdog probes property firm linked to Prince Charles' eco development
An investigation has been launched into payments made by a property company that reportedly bought homes on Prince Charles ' failed eco development in Ayrshire. The Scottish Charity Regulator has confirmed it will look into 11 purchases made by Havisham Properties on Knockroon, a development initiated by Charles as part of regeneration plans around the nearby Dumfries House estate. It comes after reports that the prince gave an honour to Lord Brownlow, the owner of Havisham Properties, after he made the Knockroon purchases. It is alleged that the donations by Brownlow were made to help bail out the development after just 31 of the planned 770 homes were built on the £20m estate.
FIRMS
Employment specialist hire for Bellwether Green
Accredited employment law specialist Marianne McJannett has joined Bellwether Green as head of Employment. Formerly an associate with TC Young, Ms McJannett is a regular commentator on employment law issues. Bellwether Green’s head of Corporate, April Bingham, said: "Strengthening our employment law practice is something that we’ve been planning for a while now and I am so glad that our search led us to Marianne. We look forward to supporting her ambitions to enhance and build upon our employment law services and expertise."
DATA PRIVACY
New laws 'urgently needed' to control facial recognition
New legislation is urgently needed to regulate biometric technologies such as facial recognition, an independent legal review has concluded. The review, led by Matthew Ryder QC and commissioned by the Ada Lovelace Institute, calls for a moratorium on biometric surveillance until 'inadequate' laws and regulations are replaced. While these technologies promise efficiencies, they also raise significant legal and ethical concerns around privacy, free expression, discrimination and other impacts on human rights, the review said. It found that existing legislation and oversight mechanisms are fragmented, unclear, ineffective and failing to keep pace with the technologies. It also calls for oversight and enforcement by a national, independent regulatory body.
EMPLOYMENT
Employers could be sued for cutting remote workers' salaries
Employers giving pay cuts to remote and hybrid workers could face discrimination lawsuits, employment lawyers have warned. The comments come after a survey from the Chartered Institute of Personnel Development (CIPD) showed 13% of UK employers are considering cutting pay or benefits for staff that work from home. Bettina Bender, a partner at Winckworth Sherwood, said paying remote and hybrid workers less “could raise potential discrimination issues” – particularly if the policy disadvantages women, who may choose to work from home due to childcaring responsibilities, or those with physical or mental disabilities. However, the law firm partner said employers may seek to argue that as those working from home are saving on travel costs, it is reasonable to pay them lower salaries.
BBC publishes whistleblowing policy for staff and freelancers
The BBC has published a whistleblowing policy to provide staff and freelancers with a “confidential mechanism” to raise concerns about activity at the broadcaster. The move is part of the corporation's updated impartiality plan, which was announced last October as part of a drive to ensure its content is fair, accurate and unbiased.
CRIME
Sex crimes reported in Scotland at 50-year high
Sex offences recorded in Scotland have risen to a 50-year high despite a drop in overall crime figures. The number of sexual crimes rose by 15%. According to the data, cases of rape and attempted rape rose by 9% last year. The reported noted: "The increase in sexual cyber-crimes has also had an impact on the trend of recorded sexual crimes in recent years." It added that the "historical reporting of sexual crime also continues to play a role". Non-sexual crimes of violence also increased, from 61,913 in 2020-21 to 69,826 the following year. The vast majority of violent crimes were common assault. However, crimes of serious assault and attempted murder rose by 9%. Overall, crimes recorded by the police in Scotland fell by 4% in 2021-22, going from 299,452 to 286,464 to reach the lowest level since 1974. This fall was driven by a big reduction in crimes recorded under coronavirus-related legislation.
HOLYROOD
Sarwar sets out Labour's constitutional vision
Scottish Labour leader Anas Sarwar has set out his constitutional vision including abolishing the House of Lords in favour of a senate of the nations and regions, which would include more representatives from around the UK and be "more reflective of modern Britain". Warning that "the political game-playing of recent years has wounded the devolution settlement", Mr Sarwar said his proposals would also involve a "legal duty to cooperate" between the Scottish and UK governments, as well as a new governance forum which would "bring together the leaders of the UK and the nations on an equal footing". He also insisted that his party will not enter into any deals with the SNP following the next UK General Election, stressing there is no pact between the parties even in the event of a hung parliament.  
 


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