Legal Matters Scotland
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18th October 2024

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INDUSTRY
Law centres: from radical roots to advancing rights and equality
Amy McGilp, Communication Officer at the Legal Services Agency in Glasgow, reflects on the evolution of law centres in Scotland during the Law Society's 75th anniversary. The journey began with the Legal Aid and Solicitors (Scotland) Act 1949, which aimed to improve access to legal aid. The first law centre, Kensington Law Centre, opened in 1970, inspired by civil rights movements in the USA. Tony Gifford QC, a co-founder, said: “The message was very simple: justice is for all.” Today, there are ten law centres in Scotland, addressing unmet legal needs and advocating for systemic change. Despite their successes, funding challenges threaten their sustainability, as highlighted by Annie Campbell Viswanathan, who emphasised: “Every neighbourhood, every community should have a law centre.” The law centre sector remains crucial for ensuring justice is accessible to all.


 
SENTENCING
Magistrates’ powers doubled to tackle backlog
In a significant move to alleviate court backlogs and prison overcrowding, Justice Secretary Shabana Mahmood announced that magistrates' sentencing powers will be doubled, allowing them to impose prison sentences of up to one year. Mahmood warned that the court system could “collapse” without intervention, highlighting the “acute problem” of remand prisoners facing long waits for sentencing. The changes aim to expedite court processes and free up 2,000 days of crown court sitting time. Tom Franklin, chief executive of the Magistrates’ Association, called the change a “vital means of ensuring speedier justice for victims.” However, concerns were raised by barristers, including Mary Prior KC, who described the move as a “knee-jerk reaction” that could worsen the situation. The new powers will take effect on November 18, marking a crucial step in addressing the ongoing challenges within the criminal justice system.


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TAX
New visitor levy proposal for Edinburgh
The City of Edinburgh Council has initiated a 12-week public consultation on a proposed Visitor Levy, which would charge visitors staying in overnight accommodation a fee of 5% of the accommodation cost, capped at seven nights. The scheme, the first of its kind in the UK, aims to generate revenue for local infrastructure and affordable housing, with potential earnings in the tens of millions. The consultation is open until mid-December, encouraging community involvement in shaping the future of Edinburgh. "Edinburgh is a popular destination, attracting visitors from around the globe, but the needs of residents must also be considered", claims Ian Murray, MP for Edinburgh South. He emphasised the importance of balancing tourism with local needs.
WORKFORCE
Support package for Grangemouth workers unveiled
Petroineos announced the impending closure of the Grangemouth refinery, which will result in the loss of up to 400 jobs. In response, the UK and Scottish Governments have pledged £20m in funding, supplementing an earlier £80m from the Falkirk and Grangemouth Growth Deal. Forth Valley College will provide tailored support and retraining for affected workers, focusing on skills for green energy projects. UK Energy Secretary Ed Miliband commented: "We continue to stand with Grangemouth workers and we are putting money on the table to secure workers good onward employment." Scotland's acting Energy Secretary Gillian Martin emphasised the importance of supporting the workforce, saying: "These workers are highly skilled and have an important contribution to make locally and nationally." The initiative aims to facilitate a smooth transition for workers into new roles within the local economy.
FRAUD
Glasgow City Council warns of parking fine scam
Glasgow City Council has alerted the public about a parking fine scam involving fraudulent text messages claiming to notify recipients of a penalty charge notice (PCN). The council emphasised that they would never contact individuals regarding parking fines via text, stating: "We're aware of a parking scam doing the rounds via text message. This is a scam - we do not contact via text about PCNs." Residents are advised to avoid clicking on links in suspicious texts and to verify any claims directly with the council. The British Parking Association also notes that legitimate PCNs will always be issued on paper with clear instructions. This warning follows a similar alert from the Driver and Vehicle Standards Agency (DVSA) regarding scam texts.
TECHNOLOGY
Law Society unveils AI strategy
The Law Society has introduced a new AI strategy focused on "innovation, impact and integrity" to enhance legal service delivery for firms and clients. Richard Atkinson, president of the Law Society, stated: “The rapid development of artificial intelligence technologies has ushered in new possibilities and challenges for the legal sector.” The strategy aims to ensure responsible and ethical AI use while addressing the diverse interests of solicitors and firms. Recent research indicates that over 40% of lawyers are now utilising AI in their daily tasks, highlighting its benefits in speed and productivity. The initiative also seeks to protect practitioners and the public from potential risks associated with new legal technologies. Sir Geoffrey Vos, the Master of the Rolls, has warned that lawyers and judges will have “no choice but to accept the advice or verdict of the machine” as artificial intelligence (AI) becomes increasingly integrated into the legal system. Speaking at the Legal Geek law technology event in London, Sir Geoffrey said that while legal professionals desire to maintain human oversight, the practicalities of time and cost may force them to rely on AI outputs.
CASES
Man denies attempted murder of toddler
Frederick Danquah, 27, has denied charges of attempting to murder a toddler by stepping in front of a moving train while carrying the child on his shoulders at Garrowhill railway station in Glasgow on July 2, 2023. During a virtual preliminary hearing at the High Court in Glasgow, he faced three charges, including “severe injury, danger of life, and attempted murder”. Danquah also denies a charge of “culpably and recklessly” carrying the child while attempting to climb over a footbridge. Court documents allege he acted with “total disregard for the safety of the child”. A trial date has been set for July 7, 2025, expected to last five days.
Ayr assault case takes centre stage
Two men, Marcus and Louis Bonaldi, are facing serious assault charges following an incident at Burns Statue Square in Ayr on December 23, 2022. Marcus pleaded guilty to repeatedly punching and kicking another man, causing him to lose consciousness. In contrast, Louis denied the charges and lodged a special defence of incrimination during the pre-trial hearing before Sheriff Shirley Foran. Both men, residing in Ayr, had their bail orders continued and are set to return to Ayr Sheriff Court at a later date.
Edinburgh man admits stalking offence
A 39-year-old man, Douglas Edgar, has had his sentence deferred at Selkirk Sheriff Court after pleading guilty to stalking his former partner. The offence occurred between August 1 and September 30, causing "fear or alarm" to the victim. Sheriff Peter Anderson described the behaviour as prolonged and has requested a Criminal Justice Social Work Report along with a Restriction of Liberty Order assessment. A Non-Harassment Order has also been imposed, preventing Edgar from contacting his former partner for five years. The case is set to be recalled on November 25.
Eye-rolling leads to court backlash
Stephen Barrett, 30, faced Falkirk Sheriff Court after admitting to threatening behaviour towards a council officer during an incident on October 5 last year. Despite his claim that his abusive remarks were merely "Glasgow banter," Sheriff Maryam Labaki was not impressed, stating: "Your behaviour is disgusting towards someone doing her job." Barrett, who suffers from PTSD and was under the influence of alcohol at the time, rolled his eyes during the proceedings, which did not help his case. After writing an apology letter to the officer, he was placed on a community payback order requiring him to complete 200 hours of unpaid work within 12 months. Sheriff Labaki acknowledged the genuine nature of his apology, stating; "I'm satisfied your apology is genuine."
ELECTION
Highland Council faces scrutiny over election delays
Highland Council has attributed the significant delays in the election count for Inverness, Skye and West Ross-shire to “distraction, lack of focus and fatigue” among staff. The constituency was the last in the UK to declare its results, with the final count arriving approximately 44 hours after polls closed. Returning officer Derek Brown noted a “discrepancy between the verified votes total and the provisional number of counted votes” as a contributing factor. The Electoral Commission has since requested an explanation from the council regarding the issues that arose during the election. A council official commented: “It is clear that differential human behaviour and interactions must have led to issues in the count.” The council is now reviewing its counting procedures to prevent future occurrences. The Electoral Commission is expected to publish its review of the election soon.
 


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