Legal Matters Scotland
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18th September 2023

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Scottish courts follow English counterparts in health and safety rulings
Two recent health and safety rulings in Scottish courts demonstrate a growing alignment with their English counterparts when it comes to determining fines. The judgments reaffirm that English sentencing guidelines should only be used as a reference point, and two successful appeals may lead to more challenges. In one case, Linbrooke Services Ltd was fined £400,000 after an electrician's death due to safety failures. In another case, a retirement home operator was fined £60,000 for breaching health and safety regulations. "These cases should serve as a reminder to all businesses operating in Scotland that the health and safety legal regime applies across Great Britain," says Willie Park, Senior Associate at Pinsent Masons.
Law Society of Scotland calls for consumer protection against unregulated legal services
The Law Society of Scotland has called for consumer protection against unregulated legal services such as will writing and online divorces. The society has urged the UK's competition regulator to take action to protect consumers from the risks posed by these services. "Consumers must be protected from the risks posed by unregulated legal services," said the Law Society.



 
THE LAW
Scottish Government goes to court over gender reforms
Ash Regan, the former SNP leadership contender, has described the court battle over Scotland's gender reforms as "a pivotal moment". The Scottish Government's case has been criticised as "fundamentally flawed" by Regan, who also emphasises that taxpayers should not bear the financial burden of any subsequent appeal. The court case, which will be heard by the Outer House of the Court of Session in Edinburgh, is expected to take three days. Scottish Secretary Alistair Jack has blocked the Gender Recognition Reform Bill from gaining royal assent, claiming it would have an adverse effect on the Equality Act 2010. However, Humza Yousaf argues that legal action is necessary to defend Scotland's Parliament's democracy from the Westminster veto. The case will be presided over by Lady Haldane and will be livestreamed.
Majority of Scottish voters support assisted dying bill
A large majority of Scottish voters support proposals to allow terminally-ill people to take their own lives, according to a poll released by campaigners for assisted dying laws. The YouGov poll for the campaign group Dignity in Dying found that 77% of Scots supported the measure, with 12% of those questioned opposing it. Its findings also suggested attitudes have shifted in favour of the legalisation among those with a religious faith, even though it conflicted with most religious teachings.


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POLICING
Scottish Borders police officers could soon wear body-worn cameras
Police officers in the Scottish Borders could soon be wearing body-worn cameras, as First Minister Humza Yousaf plans to roll out the scheme across Scotland. Tory leader Douglas Ross raised concerns about the £300m "black hole" in the force's capital budget, which has led to uncertainty about the roll-out. Police Scotland also faces the prospect of cutting 600 officers due to financial constraints. Despite this, Yousaf confirmed that the roll-out of body-worn cameras is still planned. He defended the Scottish Government's record on policing, stating that the budget for Police Scotland has been increased by £80m this year and that recorded crime levels are at their lowest in almost 50 years.

 
CRIME
Rise in crime reported in Lothians and Scottish Borders
Overall crime has risen within the Lothians and Scottish Borders as Police Scotland makes hard choices to maintain effective policing within the funding available. Figures published recently show that the total number of recorded criminal incidents has risen from 4,484 to 5,031. However, there has also been an overall rise in detection rates, which have increased by more than three percentage points. The division has seen no murders recorded during the first quarter of 2023, compared to one in the same period last year. There has been a rise in the total number of violent offences taking place throughout West Lothian, East Lothian, Midlothian, and the Scottish Borders. The overall number of sexual crimes being reported has risen from 268 to 369, including 15 more recorded indecent or sexual assaults.
PROPERTY
Operators claim short-term-let law breaches human rights laws
Adrienne Carmichael, chair of the Association of Scotland's Self-Caterers, has written to the First Minister to claim that the Scottish Government's new short-term let licensing scheme may breach human rights and data protection laws, due to the scheme's requirement for operators to publicly disclose their personal data on application notices and council licensing registers. Ms Carmichael said: "There are instances of operators who have worked in the security services and law enforcement, well versed in protecting their personal information from public scrutiny, who have now decided that the risks to them and their loved ones which are posed by a licence application are simply too great to take."
CASES
Eleven accused face 32 charges in Glasgow sex abuse trial
Seven men and four women face an indictment listing a total of 32 charges at the High Court in Glasgow. Jurors have heard from a second child said to be a victim of a sex abuse ring in Glasgow. The child claimed to have been physically abused, knocked unconscious and forced to drink alcohol. The allegations involve four children and include rape, other sex offences and attempted murder. 

 
STV
Freelance journalist fined for flying drone over fatal crash site
A freelance journalist, Shane Stephen, has been fined in court for flying his drone over the site of a fatal car crash in Aberdeenshire. Stephen flew his drone around 40 feet above the cleared crash site, drawing the attention of police. He volunteered to show officers the pictures and delete any he had taken, but instead found himself charged under drone legislation. Stephen pleaded guilty to contravening a relevant requirement imposed on the operation of unmanned aircraft. He was fined £260.
Man placed on night-time curfew for domestic abuse
A 62-year-old man, Alan Grahame, has been placed on a night-time curfew for the next six months after being convicted of engaging in abusive behavior towards his partner or ex-partner. Grahame attempted to control the woman's movements and friendships, as well as constantly checking her whereabouts through phone calls and her mobile phone. The criminal justice social work report recommended an admonition or financial penalty, but Sheriff Kathrine Mackie criticised the report for not recognising the seriousness of the offense.
Three in court after police seize drugs
Two men and a woman have been charged with drugs offences after a raid on an Aberdeen property. Wome Emeofa, Kiante McLean, and Allana Davidson appeared in court after police discovered cannabis, crack cocaine, and heroin worth £12,000. The trio are accused of possessing a controlled drug and supplying it to others. They were released on bail and will appear in court again at a later date.
HOLYROOD
SNP position strengthens in new poll
A new YouGov survey has suggested that the SNP has increased its lead over Scottish Labour, with the SNP securing the support of 38% of voters, up 2% since last month, while Scottish Labour have slipped five points to 27% support. If the survey's results carry through to the next general election, the SNP would end up with 39 MPs in Scotland to Labour's 11. While such a result would be an improvement for Labour, which currently has one MP in Scotland, previous polls had suggested the party could secure 22 MPs, with the SNP slipping to 26. Polling expert Professor Sir John Curtice commented: "It needs to be remembered that Labour is fighting on two flanks — with the Conservatives for unionist voters and with the SNP for Yes supporters — and maintaining that balancing act could well prove far from straightforward as the UK election approaches."
 


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