Legal Matters Scotland

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THE LAW
Swinney opposes assisted dying legislation
First Minister John Swinney has publicly declared his opposition to the Assisted Dying Bill, which is set for a vote in Holyrood next week. Swinney, whose wife has multiple sclerosis, said his own family perspective played a part in his decision. He said the latest proposals have been carefully put together and improved. But he added that the law would "fundamentally alter" the relationship between doctors and their patients "in an irrevocable and detrimental fashion." Liam McArthur, the MSP steering the proposals through parliament, said: "Given John Swinney’s position on this issue in the past, I have always been aware that I was unlikely to win his support. Nevertheless, I would like to thank him for his considered approach, the time he has taken to discuss the issue with me and his recognition that in this vote he does not speak for his party but solely on a personal basis." Meanwhile, the Church of Scotland is set to end centuries of opposition to assisted dying, with plans to become the first major UK denomination to adopt a neutral stance on the issue. An expert panel has advised that the church's annual general assembly, beginning on May 17, should accept that Christian arguments supporting assisted dying are as legitimate as those opposing it on theological grounds.
Victim's abuser 'would be charged under new Scottish law'
Emma Bryson, who reported being sexually abused by a family member at age 10, has learned that under new rules, her abuser would now have been charged. Despite reporting the abuse twice, Bryson's case was not prosecuted due to the historical requirement for corroboration, which demanded two independent sources of evidence. After years of campaigning for a change in the law, Bryson, along with other survivors, succeeded in overturning the corroboration rule, which previously hindered many sexual abuse cases. Following the legal change in 2023, her case was revisited, and there was now enough evidence to proceed with charges, although the abuser had passed away. Bryson expressed satisfaction in knowing her efforts have improved the chances for future victims of sexual abuse to seek justice. However, some legal experts warn the new rules may lead to potential miscarriages of justice.


 
TRADE
UK and US strike trade deal
Sir Keir Starmer and US President Donald Trump have hailed an "historic" trade deal between the UK and the US, which eases some, but not all, of the tariffs restrictions imposed by the US last month. The deal will see tariffs on British car exports to the US fall from 27.5% to 10%, for the first 100,000 vehicles per year; the 25% tariffs on steel and aluminium will be removed and the UK’s pharmaceutical industry has been promised "preferential treatment". British beef farmers will be allowed access to the US market and vice versa, with no reduction in food standards in the UK. Jonathan Reynolds, the Business and Trade Secretary, said the UK would continue trying to reduce the 10% baseline tariff, adding that the agreement did not include any concessions on the digital services tax, online safety laws, or the NHS. More details are being worked out and a separate deal on technology is expected to be agreed at a later date. The Telegraph points out that the deal will give the US the ability to object to Chinese investment in the UK – a clause the Tories said amounted to a "veto" over foreign investment. Unions welcomed the news, but John Denton, Secretary General of the International Chamber of Commerce, said: "The reality is that US tariffs on UK exports remain significantly higher than they were at the start of the year." This point was echoed by Tory leader Kemi Badenoch, who claimed the UK had been "shafted" by Trump. "When Labour negotiates, Britain loses. We cut our tariffs – America tripled theirs."



 
CASES
Voyeur doctor jailed for bathroom filming
An anaesthetist has been sentenced to 18 months in prison after secretly filming 30 people, including colleagues, in bathrooms and bedrooms. Dr. Ju Young Um, 34, hid cameras in air fresheners and smoke alarms at his Glasgow flat and staff accommodation at Dumfries and Galloway Royal Infirmary. Um, who was diagnosed with body dysmorphia, claimed he recorded the footage to compare himself to others due to insecurities about his body. A jury convicted him of 23 charges under the Sexual Offences Act for incidents that occurred between November 2020 and August 2023, involving 21 men and nine women.
Judge slams barrister over fake cases
In a recent ruling, Mr Justice Ritchie condemned a barrister for including fictitious legal authorities in court submissions related to a homeless claimant's case against Haringey Council. The judge said: "These were not cosmetic errors, they were substantive fakes," highlighting the seriousness of the lapse. Although he could not confirm whether artificial intelligence (AI) was used, he expressed concern over the negligence involved, stating: "It would have been negligent for this barrister, if she used AI and did not check it." Sarah Forey, the junior barrister from 3 Bolt Court Chambers, was found to have acted improperly and was ordered to pay £2,000 in costs. The case has ignited discussions on social media regarding the responsibilities of lawyers when using AI in legal work.
Court refuses appeal from convicted murderer
A man convicted of murder and three counts of attempted murder has been denied permission for an appeal hearing. Finlay Macdonald was sentenced to a minimum of 28 years for killing John MacKinnon and attempting to murder his wife and two others in August 2022. He argued that his actions were due to diminished responsibility from mental health issues. After a legal review, both the initial and secondary appeals were rejected, with the judges determining there were no grounds for the case to proceed.
ENVIRONMENT
Government 'still breaking the law' over fishing licences
Conservationists have accused the Scottish Government of violating the law regarding fishing licences, arguing that their actions are detrimental to marine ecosystems. Charity Open Seas highlighted that despite a ruling from the Court of Session declaring scallop dredging licences unlawful, the Government continues to issue these licences without considering the National Marine Plan. Open Seas stated: "The law is clear. It's time for the Scottish Government to follow it." Agriculture minister Jim Fairlie defended the Government's actions, asserting that new arrangements have been implemented to comply with legal requirements.
PRISONS
Scotland's prisons face critical overcrowding
Scotland's prison system is under severe strain, with Justice Secretary Angela Constance acknowledging a "critical risk" from overcrowding. Following a detailed investigation by the Herald, the Scottish Government has proposed new measures to address the rising prison population, which could reach between 8,500 and 8,600 by September. The Programme for Government outlines plans for specialist prisons for younger and older inmates, changes to home detention curfews, and increased investment in the prison estate. Despite these efforts, Scottish Liberal Democrat justice spokesperson Liam McArthur expressed concerns that the measures are insufficient and long overdue.
EMPLOYMENT
Modern slavery claims surge again
In the first quarter of this year, claims under modern slavery laws reached 5,297, marking a 17% increase compared to the same period last year, according to the Home Office. The figure is the second-highest on record, although it represents a 4% decrease from the peak of 5,538 cases recorded in the previous quarter. The top nationalities among potential victims were Vietnamese and Eritreans. Concerns have been raised regarding the exploitation of the anti-slavery system by gang members and illegal migrants, with the Albanian ambassador to Britain acknowledging that some migrants from his country were "pretending" to be victims, delaying police inquiries and deportations.
TAX
Wealthy workers eyeing tax escape
Following a crackdown on non-domiciled individuals, many wealthy residents are contemplating leaving the UK to save on tax. Chancellor Rachel Reeves' decision to eliminate tax exemptions for non-doms has prompted a significant response, with Michael Anderson, a partner at Joseph Hage Aaronson & Bremen, noting: "I act for some clients that are not non-doms and are leaving the UK." He expressed surprise at the number of high-earning bankers considering relocation, even temporarily, to mitigate tax liabilities. As inquiries about offshore options surge, Anderson warns that HMRC will closely scrutinise compliance with the statutory residence test, particularly regarding record-keeping of working hours and travel. The Government's tax changes could lead to a £12.2bn revenue drop if many non-doms exit by 2030.
 


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