Legal Matters Scotland
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27th September 2024

A free early morning round up of news for legal professionals across Scotland.
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CRIME
Prisoner release scheme ‘will lead to a rise in shoplifting’
Scotland’s early prisoner release scheme will contribute to an increase in shoplifting, according to Assistant Chief Constable Tim Mairs. Speaking at the Retailers Against Crime conference in Glasgow, Mairs noted that many individuals released early will likely reoffend, stating: “a number of those will be recidivist, repeat offenders when it comes to shoplifting.” He highlighted the challenge of managing alleged shoplifters due to limited remand options, exacerbated by the early release policy, which creates pressure on the justice system. Mairs pointed out that “a very small proportion of people are committing a massively large number of these shopliftings,” with some offenders facing over 80 charges. This means that they are often released back into society to continue their criminal activities. David Kennedy, general secretary of the Scottish Police Federation, echoed these concerns, emphasizing that the shortage of prison capacity complicates the handling of non-violent offenders, including shoplifters.



 
POLICING
Farrell: Police have no legal framework for gender identity
Police Scotland's Chief Constable Jo Farrell has criticised both the Scottish and UK parliaments for failing to provide clear laws on gender identity, particularly in relation to how public bodies handle the issue. The lack of legislative guidance has left organisations like Police Scotland to create their own policies, which Farrell said must align with the Equality Act of 2010 to protect the rights of both women and those undergoing gender transition. Speaking at a Scottish Police Authority (SPA) meeting, Farrell emphasised the complexity of the issue, describing gender self-identification as "amongst the most emotive and arguably divisive" public policy topics. She clarified that "a male rapist cannot demand to be called a woman and further traumatise the victim," addressing concerns raised by Conservative MSP Rachael Hamilton regarding the potential for male rapists to manipulate gender identification. Farrell noted that a review of Police Scotland’s policies on sex and gender is ongoing but stressed the need for clearer legislative direction to balance rights appropriately.


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CASES
Pensioners challenge winter fuel cuts
Pensioners Peter and Florence Fanning are taking legal action against the Scottish and UK governments over cuts to the winter fuel payment. They argue that the decision to make the benefit means-tested is unlawful and that both governments failed to consult adequately with pensioners. The case, raised at the Court of Session, seeks to restore the universal benefit. The Govan Law Centre is assisting the Fannings in their judicial review.  Alex Salmond has also voiced support for the Fannings. At a press conference with the couple, the former first minister said: "It is unacceptable in energy rich Scotland that our older citizens are afraid to turn on the heating in their own homes."
Two hundred potential DNA leads in George Murdoch murder
Police Scotland has made significant progress in the decades-old investigation of George 'Dod' Murdoch's 1983 murder, with 200 potential genetic matches now being pursued. Murdoch, a 58-year-old taxi driver, was found dead beside his vehicle, killed with a cheese wire, in an unsolved case that has lingered for over 40 years. Thanks to advances in forensic analysis, investigators developed a male DNA profile from crime scene material. Detective Inspector James Callander described the creation of a "familial DNA" list, compiled with the help of the National Crime Agency, as a key breakthrough.
Five arrested over £1.2m cannabis factory
Five men have been arrested following the seizure of cannabis plants valued at £1.2m in West Lothian. Police Scotland discovered a large cannabis factory in a unit located in the Polbeth Industrial Estate around 10:20 AM on Wednesday. The arrested individuals, aged 36, 29, 26, 22, and 20, face charges related to drug offenses and are scheduled to appear in Livingston Sheriff Court.
FIRMS
Addleshaw Goddard raises NQ salaries
Addleshaw Goddard has increased the salaries of its newly qualified (NQ) lawyers in London to £100,000, marking a 5% rise from the previous £95,000. Regional associates outside London will see a 3% increase, bringing their pay to £65,000, while NQ salaries in Scotland have risen from £56,000 to £61,000. This move places Addleshaw Goddard alongside firms like Stephenson Harwood and Eversheds Sutherland, which also offer £100,000 for London NQ pay. A spokesperson said: “We review our NQ pay annually, examining a wide range of data to inform our decision-making process.”
Macleod & Maccallum scoop top award
Macleod & MacCallum has been awarded the Property Team of the Year title at the Scottish Legal Awards. The accolade highlights the Highland firm's residential and commercial legal teams' achievements, which work closely with the estate agency team. Alison Martin, chief executive, said that the award reflects their innovative practices and traditional values.
THE LAW
Councils urged to rethink care service deal
COSLA officers have advised council leaders to withdraw from the SNP Government's national care service (NCS) reform deal, citing significant concerns over the legislation. The proposed changes aim to standardise care services but have been seen as a power grab from councils. A COSLA paper indicates that local government was not adequately consulted on the draft bill, which was published in June. Trade unions, including GMB and Unison, have also called for the bill's withdrawal, with Unison Scotland's regional manager Simon Macfarlane stating: “As it stands, those in need of care, their families and the workers in the sector are all set to be failed by this Bill.”
TAX
Treasury reconsidering non-dom tax plans
The Treasury is reassessing aspects of Labour's manifesto regarding the abolition of non-domicile tax status due to concerns about potential revenue loss if wealthy foreigners choose to leave the UK. Treasury officials have indicated that the anticipated £1bn revenue may not materialise, as previous concessions aimed at discouraging emigration could significantly impact the funds raised. The Office of Budget Responsibility has deemed the revenue projections as "highly uncertain," with small changes in emigration assumptions potentially leading to minimal financial gains. Government officials say Chancellor Rachel Reeves is ready to rethink the plans on targeting non-doms if the numbers do not add up, noting that no final decision has been made.
INTERNATIONAL
Not guilty after 46 years on death row
Iwao Hakamada, an 88-year-old man who spent 46 years on death row, has been acquitted of four murders in a landmark trial that questions Japan's death penalty practices. Initially sentenced to death in 1968 for the murders of his boss, his wife, and their two children, Hakamada maintained his innocence, claiming his confession was coerced. The presiding judge, Koshi Kunii, acknowledged that evidence had been fabricated.
 


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