Legal Matters Scotland
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29th November 2024

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POLICING
Police protest over pay crisis
Around 100 police officers protested in Glasgow yesterday as pay negotiations reached a critical point. Officers gathered outside the Merchants' House of Glasgow, where a Scottish Police Authority meeting was taking place. The demonstration followed a rejection of a 5.5% pay claim for 2024/25, which was submitted by the Scottish Police Federation (SPF), representing 16,500 officers. The SPF claims that upper management has “snubbed” police officers by not offering an adequate pay increase. Despite inflation and rising energy prices, the Scottish Government has offered a 4.75% increase, which the SPF deems unfair. SPF general secretary David Kennedy pointed out that unlike other public sector workers, police officers cannot strike or take industrial action to voice their grievances. The protest also reflects the growing challenges faced by the police force, including a significant increase in violent attacks on officers. A report to the Scottish Police Authority revealed a 36.2% rise in sickness absences due to assaults between 2022/23 and 2023/24, further emphasising the demands placed on police officers.


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CASES
Swinney unhappy with Goodwillie case delay
Scottish First Minister John Swinney has apologised for delays in deciding on the private prosecution of former footballer David Goodwillie, who, along with teammate David Robertson, was ruled in a 2017 civil court case to have raped Denise Clair. Despite this ruling, no criminal charges have been brought. Clair is seeking legal aid to fund a private prosecution, as the Crown Office has not pursued the case. Her lawyer, Thomas Ross KC, criticised the lack of government response six months after a formal request, stating: “This is not a complicated matter.” Scottish Tory leader Russell Findlay raised the issue in Holyrood, questioning why the Crown Office failed to prosecute. He highlighted that Clair is facing uncertainty as she awaits legal aid approval. Swinney acknowledged the government's delay, saying, “I am dissatisfied with how long it has taken,” and assured that he had instructed officials to treat the matter with urgency.
Police solicitor stole £8,000
Asma Ali, a former chairperson of the Scottish Police Muslim Association (SPMA), embezzled £8,000 while serving as a Police Scotland solicitor from March 2017 to June 2019. The funds were misappropriated to support her extravagant lifestyle, including a shopping trip to Harrods. Sheriff Louise Arrol KC commented: “This was an offence that occurred over a period in excess of two years,” highlighting the planning involved in the crime. Ali, who was a founding member of the SPMA, proposed a change in the expense cheque process that allowed her to exploit the system. Following an investigation, it was revealed that Ali was living beyond her means and had significant debts. She has been ordered to complete 160 hours of unpaid work and repay the embezzled amount to the SPMA.
Haigh admits pleading guilty to criminal offence
Transport Secretary Louise Haigh has confessed to pleading guilty to a criminal offence linked to a police investigation regarding a mobile phone she initially claimed was stolen during a mugging in 2013. In her statement, Ms Haigh a former Special Constable, described the incident as a "genuine mistake," explaining that she later discovered the phone had not been taken. Following police questioning, she was advised by her solicitor not to comment, leading to the case being referred to the Crown Prosecution Service. Ms Haigh pleaded guilty to making a false report at magistrates' court six months before her election as an MP in 2015, resulting in a discharge.

 
PRISONS
Prisoner release sparks safety fears
The recent passage of the Prisoners (Early Release) (Scotland) Bill has raised significant concerns regarding public safety, according to Kate Wallace, chief executive of Victim Support Scotland. “We are extremely disappointed and concerned that the bill was passed with no amendments to better protect victims of crime and safeguard the wider public,” she said. The bill allows prisoners serving less than four years to be released after serving only 40% of their sentence, potentially affecting between 260 and 390 inmates. Critics argue that the legislation lacks necessary safeguards, such as a governor's veto to prevent the release of high-risk individuals. With rising crime rates, including a 20% increase in violent offences since 2020, the implications of this bill are alarming. Justice Secretary Angela Constance defended the bill as a solution to prison overcrowding, but opposition voices warn it may jeopardise public safety and fail to address rehabilitation needs.
THE LAW
MP urges vote for assisted dying
MP Kim Leadbeater has called on her colleagues to support the Assisted Dying Bill, emphasising the importance of bodily autonomy. She said: “I think we will look back in 10 years' time and think: why didn't this happen sooner?” The Bill proposes allowing terminally ill individuals with less than six months to live to seek assisted dying, pending approval from two doctors and a High Court judge. Of the 650 MPs in the Commons, most have yet to say publicly how they will vote, including Prime Minister Sir Keir Starmer, who supported a change in the law in 2015. Chancellor Rachel Reeves is among those who have said they remain undecided as they study the Bill's contents. The Cabinet is split on the issue, with Health Secretary Wes Streeting and Justice Secretary Shabana Mahmood intending to vote no, while Energy Secretary and former Labour leader Ed Miliband is supporting the Bill, as is Culture Secretary Lisa Nandy. The Equality and Human Rights Commission, which said it is neutral on assisted dying, notes that Parliament will need “adequate time, expertise and the supporting materials required to effectively scrutinise” the Bill.
Terror law inadequate over travel
A recent report by Jonathan Hall KC highlights significant gaps in the UK's terrorism legislation regarding individuals travelling abroad to join groups like Islamic State. Mr Hall emphasised that “long-standing difficulties continue to bedevil the prosecution of individuals who have travelled to terror zones,” particularly affecting women whose roles may be crucial yet domestic. The Home Secretary, Yvette Cooper, acknowledged the need for a new offence targeting travel to support proscribed organisations and plans to assess potential gaps in current laws. The report also noted a 32% increase in terrorism-related arrests, with 221 individuals apprehended in 2023. Mr Hall pointed out that emerging terror hotspots include the Sahel region and Afghanistan, raising concerns about future threats.
EMPLOYMENT
Local government workers accept revised pay offer
Local government workers in Scotland have voted to accept a revised pay offer following strike action earlier in the autumn, according to Unison. The agreement, which concludes this year’s pay negotiations, includes provisions to discuss a minimum pay rate of £15 an hour, a shorter working week, and improved council finances for 2025/26. The dispute saw non-teaching staff in Perth and Kinross, the constituency of First Minister John Swinney, stage a two-week strike in October, leading to school closures. Unison initially opposed the offer from COSLA, which proposed an hourly wage increase of 67p or 3.6%, whichever was higher. Despite this, council leaders implemented the deal in September after it was accepted by other unions, GMB and Unite. Unison's chairwoman for Scotland’s local government committee, Colette Hunter, highlighted the impact of collective action, stating: “Workers’ resolve and action have secured a route to what they hope will be a decent pay deal that will be in people’s pockets from April 2025.” The union will now focus on next year’s negotiations.
Aberdeen taxi drivers face new medical proof rules
Aberdeen City Council has implemented stricter regulations for taxi drivers, requiring them to provide medical proof from a GP or physiotherapist if they wish to bypass the wheelchair assistance policy. This decision comes after a notable increase in drivers claiming they cannot adhere to the rules on health grounds. Licensing solicitor Sandy Munro stated that exemptions are only granted if a driver is "physically unfit" to assist disabled passengers. Councillor Ken McLeod emphasised that those unable to perform their duties should consider finding alternative employment, stating: "If they've got injuries then, frankly, I think they should be looking for a different job."
IMMIGRATION
Net migration hit record high last year
Net migration to the UK reached a record high of 906,000 in the year to June 2023, significantly exceeding earlier estimates of 740,000, according to the Office for National Statistics (ONS). The revised figure represents an upward adjustment of 166,000. However, the ONS noted a subsequent decline, with net migration falling to 728,000 by June 2024. Prime minister Sir Keir Starmer seized on the figures - which cover a period before Labour took office - to accuse the Conservatives of “running an open borders experiment”. But Conservative shadow home secretary Chris Philp responded that Labour's stance on migration lacked credibility and substance.
 


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