Legal Matters Scotland
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16th January 2024

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THE LAW
Sunak ready to overrule European judges on Rwanda
Rishi Sunak has declared his readiness to overrule European judges on Rwanda, aiming to end the legal obstacles preventing migrants from being sent to the country. However, some Tory MPs warn that the Prime Minister's flagship legislation needs to be strengthened to succeed. The Safety of Rwanda Bill, which will be debated by MPs, includes proposals to prevent last-minute injunctions from the European Court of Human Rights. Sunak confirmed his willingness to use the power to overrule the court. MPs will begin two days of debate today discussing amendments to the Bill. Tory deputy chairman Lee Anderson and deputy Brendan Clarke-Smith have added their names to a list of more than 60 rebel MPs on the Right of the party backing measures to make it harder for migrants to challenge their deportation and automatically block injunctions of the flights by European judges.
INDUSTRY
Proposed new court in Scotland to handle sexual offences
The Lord Advocate, Dorothy Bain KC, has called for the reform of Scotland's sexual offences court. She proposed the establishment of a new national court to handle sexual offence cases, separate from the existing courts. The new court would have the power to hear the most serious sexual offence charges and issue life imprisonment sentences. The proposal is part of the landmark Victims and Witnesses Bill. The recommendation was made in a 2021 review by Lady Dorrian, the Lord Justice Clerk. While there is strong support for the new court, affordability may be a concern due to the additional costs involved. Sexual crime cases make up almost 70% of High Court cases, and the projected increase in such cases could result in an additional cost of £17m per annum. The Scottish Government will need to address the financial implications while addressing weaknesses in the prosecution of sexual violence cases.



 
PROPERTY
Taxpayer-funded scheme to decarbonise office building branded "absurd"
A taxpayer-funded green scheme to decarbonise a small Victorian Crown Office building in Elgin, Scotland has been criticised for its high costs. The project, which involves insulation and installing a heat pump, has spiralled to £3.5m, with estimated annual energy bill savings of just £3,885. Critics argue that the costs of converting older properties to zero emissions heating systems will be extortionate. Fergus Ewing, a former SNP minister, called the scheme "utterly ludicrous expense" and highlighted the long payback period of nearly 1,000 years. The project was initially estimated to cost £2.2m but rose to £3.5m within months. The Scottish Government aims for all homes to have zero emissions heating systems by 2045. However, concerns have been raised about the affordability of such conversions. The Crown Office and Procurator Fiscal Service is contributing £1.15m to the scheme.
Edinburgh council spends £400k defending unlawful let policies
City of Edinburgh Council has spent nearly £400,000 defending its short-term let (STL) policies after losing two court cases. The legal fees for the two judicial reviews, which found parts of the local authority's approach to regulating STLs were unlawful, totalled £243,470. Expenses paid out to petitioners are understood to be around £150,000. The court cases were brought by operators, challenging the city's STL 'control area' and a presumption against granting licenses for tenement flats. Cllr James Dalgleish, planning convener, said: “Defending the Judicial Reviews was the right thing to do and we acknowledge their findings. As a result there is now clarity going forward for both other local authorities and stakeholders in the industry."



 
CASES
Two men jailed for 1996 Caroline Glachan murder
Two men have been jailed for life for the murder of Caroline Glachan, 14, in 1996. Robert O'Brien must serve at least 22 years in prison and Andrew Kelly will have to serve at least 18 years before they can apply for parole. Donna Marie Brand, who was also found guilty of murder, was unfit to attend court and will be sentenced later. The trio had denied murder but were convicted after a two-week trial at the High Court in Glasgow. The jury was told that Caroline, from Bonhill, had been "infatuated" with Mr O'Brien. On the night of her murder, she had arranged to meet him at a bridge on the River Leven at around midnight. She was killed in what prosecutors described as a "horrific and violent attack", suffering at least 10 blows to the head and extensive skull fractures. 
Man found guilty of £100k fraud scheme
Businessman Murray Wilkinson, 59, has been found guilty of masterminding a fraudulent scheme in which he pocketed £100,000 from the Energy Saving Trust. Wilkinson, who was the director of Cars and Vans 2 Rent Ltd in Aberuthven, Perth, had obtained the money from the Energy Saving Trust by claiming that he would use it to purchase environmentally friendly hybrid vehicles. However, he failed to do so and kept the cash for himself. During proceedings at Falkirk Sheriff Court, it was revealed that Mr Wilkinson may have a £78,000 pension fund that could be used to repay the firm. Although he is a first-time offender, the large amount of money involved means that a custodial sentence is likely. The court has deferred his sentencing until March 1.
Man sentenced for sexual offences and violence against children
A 41-year-old man named Thomas Dow has been sentenced at the High Court in Edinburgh to nine years in prison  for sexual offences and violence against children in Fife. Mr Dow was found guilty of 13 charges relating to sexual and physical abuse. Detective Constable Lindsey Skene praised the victims for their bravery in coming forward and hopes that the sentencing brings them some comfort. She also emphasised that the police are committed to investigating all reports of abuse and urged other victims to come forward.
EMPLOYMENT
Hundreds of Scottish government employees pay tax in England
The Scottish Tories have criticised the fact that 280 Scottish Government employees pay tax in England, calling it "embarrassing and telling." This behavior is attributed to the higher income tax rates in Scotland, which have been identified as a risk by independent experts. People living in Scotland and earning more than £28,850 pay more tax than in the rest of the UK, with the impact felt most by those earning over £50,000. The Scottish Government has announced further tax divergence from the rest of the UK, including an increase in the top rate of tax and the introduction of a new rate for those earning above £75,000. Scottish Tory finance spokeswoman Liz Smith believes this growing gulf in tax rates is discouraging people from living and working in Scotland, hindering economic growth.
Artificial intelligence to impact 40% of jobs worldwide, says IMF
Artificial intelligence will affect 40% of jobs worldwide, according to the International Monetary Fund (IMF). The IMF warns that countries need to establish social safety nets to protect vulnerable workers from the impact of AI. The IMF's analysis reveals that 60% of jobs in advanced economies are exposed to AI, with half of these jobs potentially being negatively affected. However, the technology will also enhance productivity for some workers. The IMF suggests that jobs with a high complementarity to AI, such as surgeons, lawyers, and judges, are the safest. On the other hand, telemarketing and low-exposure occupations like dishwashers and performers are at higher risk. Last year, the Organisation for Economic Co-operation and Development (OECD) identified highly skilled jobs in law, medicine, and finance as being at highest risk from AI-driven automation.
FRAUD
SFO chief keen to use new powers
The head of the UK's Serious Fraud Office (SFO) has expressed readiness to utilise the agency's new powers to investigate and prosecute fraudsters. The new investigative powers, granted by the Criminal Justice Act, enable the agency to gather information and evidence prior to opening an investigation. Previously, these powers could only be used after the director formally initiated an investigation. The new powers were passed in the Economic Crime and Corporate Transparency Act, which, has also made it easier to prosecute companies by holding them criminally liable for the actions of senior managers involved in financial crimes. Nick Ephgrave, director of the SFO, welcomed the new legislation, stating that it provides a significant addition to the agency's arsenal.
UK Government and banks in talks over fraud plan
The Home Office has been in discussions with major banks including Barclays, Lloyds and Santander, as well as industry lobbying group UK Finance, about a Government information campaign designed to tackle online fraud. The initiative, which will include television advertisements, is believed to have a multimillion-pound budget. City sources say Home Office officials have asked a number of banks to sign non-disclosure agreements over the campaign. However, some banking executives fear the initiative would be a waste of public money, given the prominence of the industry-funded Take Five to Stop Fraud campaign. Despite these concerns, a UK Finance spokesperson said it sees the “long-established and effective consumer awareness campaign … as complementary to the Home Office's forthcoming campaign."
 


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