Campaign groups have expressed concern over the "limitations" of new legislation which aims to strengthen the law on rape.

The groups, including Rape Crisis Scotland, Scottish Women's Aid and Victim Support Scotland, presented their worries about the Sexual Offences (Scotland) Bill to MSPs on the Scottish Parliament's Justice Committee.

The MSPs heard that although the groups generally welcome the new legislation, they had a number of concerns that provisions in the bill could, in certain circumstances, make it more difficult to prove rape.

They also called for action to stop a complainer's personal history being brought up in trials. Sandy Brindlay, national co-ordinator of Rape Crisis Scotland reported that medical records, including mental health problems and use of anti-depressants, are increasingly used in court by the defence counsel.

She said: "We need to be clear about its limitations. It doesn't look at evidence at all. The particular area we are concerned about is sexual history and character evidence."

Although the bill defines "consent" for the first time in law, Brindlay also highlighted concerns over "advance consent". The bill indicates that, even if the complainer is subsequently unable to with withhold consent because they are asleep or under the influence of drink or drugs, there may still be consent if it was agreed at an earlier stage.

Labels: criminal law, News, Scottish Parliament

"You are to know, says he, that the Judges do not sit in court to do Business above three Hours in the day, that is from Eight in the Morning to Eleven. After they have taken some Refreshment, the Method is, to spend the rest of the Day in the Study of the Law, reading of the Holy Scriptures, or else it is taken up in some other innocent Amusements, at their Pleasure: So that it is rather a Life of Contemplation, than of Action, free from worldly Cares and Avocations."

from De Laudibus Legum Angliae, by Fortescue (1470) - as quoted in "How to be free" by Tom Hodgkinson (2006).

Labels: Just for Fun

The Welsh Rugby Union claimed a major legal victory on Friday in the ongoing dispute with the country's professional clubs over player release for international games.

The four professional regional teams - Cardiff Blues, Ospreys, Newport Gwent Dragons and Scarlets - said players would not be released until five days before the first Test against South Africa, whereas head coach Warren Gatland wanted a further three days preparation.

On Friday, the High Court ruled that the regions should not "prevent, hinder or obstruct" the players from attending training on Monday, Tuesday and Wednesday of next week. Judge Havelock Allan's decision is binding on the regions by virtue of the express terms of the Participation Agreement and their membership of the WRU.

WRU chief executive Roger Lewis is quoted as saying "Welsh rugby has right on its side and common sense has prevailed."

As a result, Ospreys' winger Nikki Walker is set to join the Scottish Rugby training camp in Spain tomorrow - in preparation for autumn Tests against South Africa, New Zealand and Canada.

Labels: News, Sports Law

The House of Lords has ruled, in the case of Helow v. Secretary of State for the Home Department, that the fair-mided and informed observer would not have considered there was a real possibility of bias in Lady Cosgrove's hearing of an asylum case involving a member of the Palestinian Liberation Organisation, notwithstanding her membership of the International Association of Jewish Lawyers and Jurists.

Labels: House of Lords, News

The Equality and Human Rights Commission is to consider whether to use its statutory powers to bring a legal challenge against Aberdeen City Council on whether their recent budget cuts have been "equality impact assessed" as required by law.

The council cutbacks caused controversy in May when the authority closed the Choices disabled day centre. Choices offered respite care for 56 people and was closed as part of the council's programme of budget savings. Choices campaigner Kevin McCahery, the petitioner in the case of McCahery v. Aberdeen City Council was reported by BBC News as saying he was delighted at the news.

Labels: Discrimination, News

According to the International Middle East Media Centre, a group of international legal personalities from Ireland and Scotland visited eastern parts of the Gaza Strip on Sunday, mainly in the southern Khan Younis city, observing the damage caused by continuous Israeli army actions in such a border area.

The visit, according to local organizers, was aimed at observing the amount of suffering Palestinian residents face due to the frequent Israeli attacks. The Gaza Youth Development Society, the principal organizer, reported that the delegation talked directly to the local inhabitants.

Emad Asfour, the society's head, called on the delegation to convey what they witnessed in Gaza to their countries, so an international mobility can be maintained for the sake of ending the suffering of Gaza's population under the Israeli blockade and actions. For example, it is reported that the eastern border areas of Gaza adjacent to Israel have been frequently exposed to Israeli army actions such as shooting heavily and razing large areas of farm lands.

Labels: Human Rights, News

As reported in many different places in the Scottish media, a man accused of robbing a Post Office has been banned from Scotland.

The man in question lives in England (only just) and has been charged with assault and robbery. He appeared at Selkirk Sheriff Court and was granted bail with the condition that he does not enter Scotland (other than to stand trial, of course).

It is hoped that other potential criminals will be deterred by the Scots Border Guards established to enforce the bail conditions. If convicted, the man faces deportation to St. Kilda.

Labels: criminal law, News

Check it out! New look Journal Online - fancy.

Labels: site updates

BBC News reports that Sheriff Hogg in Edinburgh Sheriff Court has fined a Polish man £100 for breach of the peace for taking a photo of an unwell (the report suggests possibly drunk) woman outside a pub.

The Sheriff is quoted as saying: "I'm going to impose a fine to remind him chivalry is not dead and when somebody is in distress you leave them to it."

Wait a moment, I'm not sure where the Sheriff gets his information on chivalry from, but I have it on good authority that the knight's approach to the damsal in distress is not to "leave her to it". In fact, the amateur photographer ought to have assisted the woman, then laid seige to the inn which had served her the offending food/drink instead.

For more on this peculiar judgement, see zero point nine.

Labels: criminal law, Just for Fun, News

Hot on the heels of my own heroic efforts in the case of M. v. Aberdeenshire Council and Campbell Smith's class size busting case in East Lothian Council, Petitioners, comes another parental victory in a placing request appeal to the Sheriff.

It has been reported that a couple from Helensburgh have secured a place at the Royal Blind School in Edinburgh. Argyll & Bute Council had insisted that the child's current placement at Hermitage Academy(declared interest - I was once, actually twice, a pupil there) was more suitable for her.

It turns out that they were wrong and - if the allegations made by the parents in The Scotsman are accurate - also dishonest, corrupt and malicious.

I have not read the judgement as yet, but I imagine that the (unnamed) lawyer's claim that this case will set a precedent is a little on the optimistic side.

Labels: Education Law, News

Just a brief post, to draw your attention to the good news story in the Herald about prisoners making time to help themselves and their communities by contributing to community time banks.

Heartwarming isn't it? Community service in the truest sense. If you're not familiar with time banking, see TimeBank UK for details.

The image accompanying this post shows the jaw-dropping Italian Chapel in Orkney - an example of what a few prisoners and a lot of time can do.

Labels: criminal law, News