Legal Matters Scotland
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23rd October 2024

A free early morning round up of news for legal professionals across Scotland.
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TECHNOLOGY
New guide aids solicitors in AI
A new guide has been introduced to assist Scottish solicitors in navigating the expanding array of generative Artificial Intelligence (AI) products while mitigating potential risks to their practices and clients. Developed by the Law Society of Scotland in collaboration with AI legal platform Wordsmith, the “Guide to Generative AI” addresses critical questions regarding AI's reliability, client confidentiality, and the necessity of client consent. Stuart Munro, a member of the Technology Law and Practice Committee, commented: “Artificial Intelligence has the potential to transform the way legal services are provided, so it's important that solicitors are properly informed.” He noted the rapid evolution of AI in the legal sector and the importance of understanding both its benefits and associated risks.

Addressing Law Society Concerns: How Denovo Helps Law Firms Ensure AML Certificate Data Accuracy

AML compliance is a vital responsibility for law firms, and the Law Society of Scotland has raised serious concerns about the accuracy of data submitted in recent AML certificate processes. With over 70 firms submitting incorrect information, the Law Society has warned of potential disciplinary action if these issues persist. Managing complex AML requirements can be challenging, but Denovo’s CaseLoad system offers a solution. Our AML Risk Assessment feature streamlines processes and helps firms meet compliance standards with ease.

Click to read more about how Denovo can help your firm avoid costly errors and disciplinary action.

 
POLICING
Police officers to leave courts
Police chiefs in Scotland are planning to withdraw officers from court buildings, a move condemned as reckless by trade unions. The initiative aims to save costs, with a pilot scheme already running at Edinburgh Sheriff Court since May, where a third of officers have been removed. Concerns have been raised about safety, with one court employee saying: “There are incidents in courts up and down the country every day.” The PCS union's National Officer for Scotland, Ruby Gibson, warned that the removal of officers poses a health and safety risk. Despite the pilot's incomplete evaluation, Police Scotland's three-year business plan indicates a commitment to continue with the cuts. Chief Superintendent Pat Campbell noted that the pilot aimed to enhance efficiency, but the ongoing evaluation will inform future decisions regarding court security.


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SENTENCING
Justice Secretary pushes for new punishments
The Justice Secretary, Shabana Mahmood, is initiating a review into sentencing aimed at increasing punishments outside of prison. This comes as approximately 1,100 inmates are set to be released to alleviate overcrowding. Chaired by former justice secretary David Gauke, the review will consider various alternatives, including electronic monitoring and community service, while ensuring public confidence in the justice system. Mahmood said: “People still have to know that you are being punished for breaking the laws of our land, even if you're not serving time in custody.” The review's findings are expected by spring next year, with potential changes implemented by March 2026. The Law Society has welcomed this initiative, highlighting the need for alternatives to costly imprisonment.
THE LAW
Tragic crash sparks driving licence reform
A fatal accident inquiry has determined that 91-year-old Edith Duncan was unfit to hold a driving licence due to "significantly impaired cognitive ability" from dementia. The inquiry followed the tragic death of three-year-old Xander Irvine, who was struck by Duncan's car while walking on the pavement in Morningside Road, in Edinburgh, on June 30, 2020. Sheriff Principal Nigel Ross said: "Had reasonable precautions been taken... these would have identified that she required further assessment of her driving ability." The inquiry recommended that drivers over 80 should undergo cognitive tests before licence renewal, highlighting flaws in the current self-certification system. Ross urged for legislative changes to ensure safety on the roads.
INDUSTRY
Aberdeen solicitor loses licence
Stuart Murray, a prominent Aberdeen solicitor and former president of the Aberdeen Bar Association, has had his law licence suspended amid an investigation into alleged financial irregularities. The Law Society of Scotland's Client Protection Sub-Committee withdrew his Practising Certificate due to "breaches of the accounts rules that apply to all Scottish solicitors." The investigation reportedly concerns Mr Murray's financial activities during his time with a previous firm, which was dissolved earlier this year. A Law Society spokesman emphasised the importance of regulatory duties, stating: "We take our regulatory duties very seriously to ensure that people have confidence in the legal profession." Mr Murray has not commented on the situation.
WORKFORCE
Pay talks for this year 'closed', says First Minister
First Minister John Swinney has condemned Unison's ongoing industrial action in schools in the Perth and Kinross Council area, saying there will be "no reopening of 2024/25 pay deals". Mr Swinney said he is "very happy to have discussions about future years but this year is closed", adding that it is "utterly unacceptable" that "education in my constituency has been disrupted purely and simply because I happen to represent that area". Mr Swinney urged the union to "engage in substantive discussions with their local government employers about the arrangements for 2025/26 as the next financial year for a pay deal". 
PROPERTY
Edinburgh ranks fourth in UK living
Edinburgh has been recognised as one of the top five most desirable places to live in the UK, ranking fourth in a recent study by housebuyers4u. The analysis evaluated ten local authority areas based on culture, nature, housing, utilities, and crime. Edinburgh excelled in culture, scoring 79.72 out of 100, and was noted for its vibrant museums, concerts, and nightlife. However, it faced challenges in housing affordability, tying with Glasgow for the second worst score at 62.13. The city also had a concerning violent crime score of 12.17, ranking it second worst. Overall, Edinburgh achieved a score of 67.93, making it a desirable yet complex choice for potential residents. The study also highlighted the least desirable places to move to, including Slough and Luton.
CRIME
Organised crime group targeted Highlands
Inverness Sheriff Court recently unveiled the operations of an organised crime group from Liverpool, known as Scouse Jack, which has been trafficking heroin and cocaine in the Highlands since September 2019. Fiscal depute David Morton explained how the gang used a sophisticated drug dealing system, including a dedicated messaging line for customers. On March 9, 2021, police intercepted a vehicle linked to the gang, leading to the arrest of Carl Masher and another individual. The group exploited a vulnerable local man, Christopher Gow, to collect payments and distribute drugs. During a police raid in June 2021, officers seized £5,460 in cash and 111 wraps of heroin valued at approximately £2,310. A card from the gang to Gow read: “Happy Birthday bro. Hope you enjoy your little gift. Ha, ha. Love from the gang. You're part of the team.” Both Masher and Gow have pleaded guilty, with sentencing deferred until November 19.
CASES
Priest guilty of sexual assault
Father Daniel Doherty, a 61-year-old priest from St Francis Xavier's Church in Falkirk, has been placed on the sex offenders register after pleading guilty to sexual assault. He appeared at Kirkcaldy Sheriff Court, where the case was adjourned to November 26 for a criminal justice social work report and a restriction of liberty order assessment. The Archdiocese of Edinburgh and St Andrews confirmed that a complaint had been made against Doherty, stating: “While it is being investigated he is not in active ministry.” The church is currently awaiting further developments in the case.
Ayr pensioner guilty of historic abuse
Robert McCurdie, a 68-year-old pensioner from Ayr, has been sentenced to an additional 150 days in prison after being found guilty of historic sexual abuse against three victims, including an eight-year-old girl. The jury convicted him of multiple charges, including indecent assault and breaching bail conditions. Sheriff Desmond Leslie stated: "A custodial sentence is inevitable," highlighting the seriousness of McCurdie's offences. Following his earlier two-year sentence, he will now serve this additional time consecutively. McCurdie's defence solicitor noted his difficult circumstances, including health issues and homelessness, but the court's decision reflects the gravity of his crimes. He has also been added to the sex offenders register for ten years.
3D printer used for firearm parts
James Maris, a 21-year-old from Perthshire, has pleaded guilty to breaching firearms legislation after using a 3D printer, a Christmas gift, to manufacture parts for a semi-automatic rifle known as the FGC-9. Prosecutor Liam Ewing KC revealed that police acted on intelligence and discovered components, ammunition, and a handwritten note in Maris's possession. The note said: “I have no radical views nor have any association to people that do,” emphasising his intent was purely for personal interest. Maris, diagnosed with Autism Disorder and ADHD, expressed regret over his actions and stated he never intended to use the weapon to cause harm. The High Court in Edinburgh has deferred sentencing until December 17, 2024, to obtain a background report on Maris.

 
STV
Aberdeen court hears cocaine case
Matthew Oag, a 46-year-old man from Aberdeen, has been charged after a kilo of cocaine, valued at £170,000, was discovered during a car stop on Belmont Road. Following the initial search, officers also found more Class A drugs at a property on Holburn Street. Oag appeared in private at Aberdeen Sheriff Court, where he made no plea and was released on bail. Detective Constable Nick Bowyer said: “We are determined to protect the public from harmful criminality by disrupting the cultivation and sale of illegal substances.”
INTERNATIONAL
UK reassures on arms exports legality
The UK Government maintains that there are currently no export licences for arms to Israel that could be used to "commit or facilitate a serious violation of international humanitarian law," according to Foreign Office minister Anneliese Dodds. She highlighted that most licences are not intended for the Israel Defence Forces (IDF), with the exception of F35 aircraft components. Following the suspension of around 30 arms exports due to concerns over their potential use in the Gaza conflict, Dodds reiterated: “No extant export licences for items to Israel we assess might be used to commit or facilitate a serious violation of international humanitarian law.” The discussion arose amid calls from various MPs for the UK to cease arms exports to Israel, especially in light of the ongoing humanitarian crisis in Gaza.
 


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