Legal Matters Scotland
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23rd December 2024

A free early morning round up of news for legal professionals across Scotland.
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COURTS
Choking allegations in rape cases are increasing
Scotland's high courts are increasingly including allegations of choking in rape cases, as prosecutors aim to highlight the "insidious" nature of the practice. Lawyer Tony Lenehan says that up to three-fifths of serious sex-crime indictments feature non-consensual strangulation. He also points to a rise in spitting claims as evidence that younger suspects may have been influenced by internet porn culture. Officials at the Crown Office add throttling allegations to rape indictments to reflect the gravity of the life-threatening behaviour. Politicians have become concerned about the prevalence of non-fatal strangulation, with Michelle Thomson, the SNP MSP, suggesting a standalone law to outlaw the practice. England and other jurisdictions have specific laws against choking, and campaigners are calling for Scotland to follow suit. Lenehan warns that throttling and spitting allegations are most frequently aimed at younger accused and that more debate is needed about why this is happening.


 
INDUSTRY
Child abuse inquiry criticised for late redaction
The Scottish Child Abuse Inquiry (SCAI) has taken down the online testimony of a child abuse survivor who is feared to have taken his own life after being reported missing. Kevin Sutherland, 34, gave evidence to the inquiry in 2022 but was told last week that he had failed in a bid to retrospectively remove his name from his account, which contained detailed and sensitive information about his private life. His sister, Melanie Watson, expressed her disgust at the inquiry's decision to take his testimony down. Sutherland had previously waived his right to anonymity in giving his testimony but became concerned about its freely available online content. He had previously asked the inquiry to restore his anonymity but was refused. The inquiry has been made aware of a possible tragic incident involving an individual who has been engaging with the inquiry and will commission an independent review to consider all aspects of its interactions with the individual.
Lord Advocate urges victims of domestic abuse to seek help
Dorothy Bain KC, has urged women experiencing abuse and coercive control not to suffer in silence during the festive season. The plea from Scotland's Lord Advocate follows a concerning rise in domestic abuse incidents reported in Scotland. Police Scotland figures reveal 20,271 domestic abuse crimes were reported in the six months to September 2023, an 11% increase. The surge is largely attributed to psychological offences such as stalking and coercive control, with over 80% of these crimes involving male perpetrators. During December 2023 and January 2024, prosecutors received 5,113 domestic abuse-related crime reports.
AI aids lawyers
Damien Behan, director of innovation and technology at Brodies LLP, says artificial intelligence has in recent years evolved from a perceived threat to a valuable tool for lawyers. Initially, concerns arose that AI could replace legal professionals, especially after the launch of ChatGPT. However its integration into legal technology has proven largely beneficial. Behan concludes that rather than replacing lawyers, AI is augmenting their capabilities, automating tedious tasks and enhancing efficiency.


 
THE LAW
Commission proposes reforming the law of damages
The Scottish Law Commission, led by Lady Paton, has released a report aimed at reforming the law of damages in personal injury cases to better reflect modern societal circumstances. The report highlights the need to increase access to justice and proposes expanding the definition of "relative" to include non-traditional family members, allowing friends or neighbours to claim damages for support provided. It also addresses time-bar issues related to asbestos conditions, suggesting that individuals with earlier diagnoses should not be prevented from claiming damages later. Additionally, the report recommends that payments from permanent health insurance should not be deducted from damages, and it seeks to enhance court supervision over damages awarded to children. As Andrew Gilmour, a Partner at Horwich Farrelly, notes, the report aims to align the law with the evolving nature of personal injury claims. 
CASES
Bain: Lockerbie 'bombmaker' trial will restore faith in justice
As the 36th anniversary of the Lockerbie bombing approaches, Lord Advocate Dorothy Bain KC has said that the upcoming trial of alleged bombmaker Abu Agila Masud will restore faith in the justice system. The bombing, which killed 270 people, remains Britain's deadliest terrorist act. Bain acknowledged that “not everyone shares the same view” regarding the incident but expressed confidence that the trial will allow for a comprehensive understanding of the events. She noted: “The dignity of the hundreds of families... has always shone as a point of light guiding the pursuit of justice.” The trial is set to take place in the US in May 2025, with parts of the wreckage being transferred as evidence.
Terrorism charges for Ukrainian refugee
Danyil Demchuk, a 21-year-old Ukrainian refugee, has been charged with multiple terrorism offences in Scotland following an investigation by Police Scotland. He appeared at Paisley Sheriff Court on December 20, 2024, facing four charges under the Terrorism Act 2000. The law states that "a person commits an offence if" they "collect or make a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism." Demchuk made no plea and was released on bail, with the case continued for further investigation. A trial is expected to take place next year.
SOCIAL
First safe drug consumption room to open in Glasgow
The UK's first official facility for consuming illegal drugs, the Thistle, is set to open in Glasgow within a month, bringing major changes to drug policy. The move was made possible after Scotland's lord advocate said it would not be in the public interest to prosecute anyone using the facility. Plans for a drug consumption room in Glasgow were first proposed a decade ago in response to an HIV outbreak among people injecting drugs, but were repeatedly blocked by the Home Office under the Conservatives. The Thistle will allow people to inject illegal drugs bought elsewhere in a hygienic, supervised environment, offering wraparound care and signposting to other services. It will open 365 days a year, from 9am to 9pm, and is situated close to a number of known public injecting sites.
FIRMS
Dunblane solicitors donates £1000 of toys to charity
McLean and Stewart, a solicitors firm based in Dunblane, has once again demonstrated its commitment to the community by donating £1000 worth of toys to the Stirling Observer Give A Gift Appeal. The initiative, which has been running since 2008, aims to provide new toys and gifts for sick, disabled, needy, and disadvantaged children. The appeal relies on local charities and organisations to distribute the gifts, ensuring that many families receive support during the festive season.
LOCAL GOVERNMENT
Labour received Day complaint 21 months before suspension
Labour reportedly knew of a sexual harassment complaint against former Edinburgh Council leader Cammy Day nearly two years before his suspension. Day, who was suspended earlier this month, faces allegations of sending unsolicited sexual messages to two Ukrainian refugees. Police Scotland is also investigating a separate complaint of inappropriate behaviour filed on 22 October. According to the Daily Record, a "detailed complaint" alleging sexual harassment was sent to Labour’s then-General Secretary James Kelly 21 months before Day's suspension. However, it is understood that no formal complaint was filed at the time.
EXTREMISM
EIS urges peace education for youth
The Educational Institute of Scotland (EIS) has emphasised the urgent need for education to combat rising extremist views among young people. EIS general secretary Andrea Bradley remarked: "Given the rise of extremism across the world and the associated threats to democracy, education for peace and democratic citizenship must be an urgent priority." The union's refreshed policy on "Education for Peace" aims to equip teachers with resources to foster analytical skills and promote non-violent conflict resolution. Bradley stressed that inclusive education is crucial for empowering youth to make informed decisions and contribute positively to society.
 


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