The Absolvitor Blawg

Naked Rambler jailed again

2008-12-18T20:26:00.002Z

The naked rambler has been jailed for (another) 12 months for a breach of the peace. He was brought into the dock at Glasgow Sheriff Court already naked, having been arrested at the same court just last month trying to leave the building naked, after being acquitted for breach of the peace.

The naked rambler told the court that if members of the public were offended by his nakedness then the problem was with them and not with him. He has spent most of the last two-and-a-half years in prison at an estimated cost to the taxpayer of almost a quarter of a million pounds.

McFall calls for Scottish fraud office

2008-12-17T00:06:00.004Z

John McFall MP, who is the chairman of the Treasury Select Committee, has called for a change in the law to help Scotland tackle serious "white collar crime". He has raised concerns that Scotland has no equivalent body to the Serious Fraud Office which investigates financial crime in the rest of the UK.

The Scottish Government have released a statement saying it had set up a working party to look at the issue.

Fraudsters found on facebook

2008-12-10T20:31:00.003Z

Law Actually brings us this story of insurance firms using facebook to scupper personal injury cases. So, think twice before posting that video of you limbo dancing while you're supposed to be recovering from a serious back injury!

Duncan Forbes, Lord Culloden (1685 - 1747)

2008-12-10T20:05:00.004Z

Today, 10 December, sees the anniversary of the death (in 1747) of Duncan Forbes, Lord Culloden (1685-1747).

Studying law at Leiden University, he became an advocate and sheriff of Midlothian in 1709. He was elected MP for Inverness in 1722 and was appointed Lord Advocate in 1725.

In 1737 he was raised to the position of Lord President where he was active in the enforcement of revenue laws, and took a prominent part in opposing punishment of Edinburgh for the Porteous Riots.

Like many Scots Forbes supported the Hanoverian cause and used his influence to dissuade a number of clans from joining the Jacobites. However he later tried his best to mitigate the terrible reprisals following the Battle of Culloden.

New Education Law Guide for Scotland's Parents

2008-12-10T01:12:00.004Z

A unique guide to the rights of parents of school-age children in Scotland was launched today by Consumer Focus Scotland.

CFS have produced a third edition of the highly popular reference book on Scots education law The A-Z of Scots Education Law.

The book tells parents about their legal responsibilities and rights over across a wide range of issues concerning their children's education. It also makes plain what education authorities and schools must do, and what they needn't do, to meet their legal obligations.

And it was written by me!

You can even order a copy on Amazon, though I don't get a commission for extra copies sold.

Human Animal Hybrid JR Refused

2008-12-10T01:00:00.004Z

The High Court today refused the Christian Legal Centre and CORE permission to judicially review the Human Fertilisation and Embryology Authority's decision to grant research licences which involves creating animal human hybrids. The main concern in this case was that the rule of law was circumvented by the HFEA's decision to pre-empt Parliament who had not yet decided whether this kind of research should be allowed. CLC had argued that in a civilized society it is vital that no individual or public body is above the rule of law.

Mrs Justice Dobbs ruled that the challenge was not arguable because the HFEA had acted within their powers when granting the licences. She further held that the decision by the HFEA, following their own public consultation, was not irrational because proper consideration had been given to the issues surrounding the grant of the licences.

CORE and CLC argued that under the Human Fertilisation and Embryology Act 1990 the definition of a human embryo prohibited the creation of animal human hybrids (because they are not human) and that even if they were not prohibited, the licenses were neither necessary nor desirable in light of recent developments with adult stem cell research where the real progress in finding cures to serious illnesses is being made.

During the course of her Judgment, Mrs Justice Dobbs said it was possible for a human animal hybrid to be defined under section 1 of the 1990 Act as a human embryo and what is human depends on the facts understood by scientific knowledge at the time - a statement described by the CLC as "chilling" and showing "little regard for the special status and dignity of what it means to be human".

SCRA(P)

2008-12-07T21:47:00.006Z

In the same week as the European Court of Human Rights decided that the retention of DNA data by police forces in England & Wales was unlawful (Scotland already had legal limits on DNA retention) comes the disturbing news that the Scottish Children's Reporter Administration has been disclosing personal details of vulnerable children (such as where and with whom they are now living) to ... the very people the SCRA are supposed to be protecting the children from.

Exposing Scotland's most vulnerable children to serious risk of violence, on at least 12 occasions in the past year, secret addresses of children taken from their parents and given new homes for their own safety were accidentally passed to their abusive or neglectful birth parents.

SCRA have admitted their mistake and issued an apology (for all the good that will do anyone). This sort of thing has happened once too often with government bodies for me to describe it as "unbelievable", but this surely represents staggering new depths of incompetence?

Priests and Jurymen

2008-12-02T21:17:00.006Z

The Scottish Government's recent consultation paper "The Modern Scottish Jury in Criminal Trials" has raised an interesting dilemma for Kelvin Holdsworth, the Provost of St. Mary's Episcopal Cathedral in Glasgow.

He asks (as does the consultation) "whether or not you think that clergy should have an automatic right to be exempt from jury service if they wish it. Currently the law in Scotland is that clergy can be called for jury service but they have the right (as do a small number of people in other roles) to opt out if they choose."

The list of those who may opt out of jury service currently includes: members of the armed forces, MPs, MSPs, doctors, dentists, nurses, midwives, pharmacists and vets.

As Kelvin asks "As the court hears what you are accused of and you raise your eyes nervously towards the jury, do you want to see me, in a clerical collar perhaps, sitting there?" Well, do you?

Lauren Fowler accredited

2008-12-02T21:09:00.004Z

Lauren Fowler, a partner in Ayrshire law firm Frazer Coogans Solicitors, has been accredited in both Child Law and Family Law by the Law Society of Scotland.

Lauren is the only solicitor in Ayrshire to be accredited in both fields.

Scottish Legal Aid Board re-appointments

2008-11-25T00:01:00.003Z

The Cabinet Secretary for Justice has re-appointed existing Board members Sheriff Kenneth Ross, Elaine Rosie and Susan McPhee to the Scottish Legal Aid Board (SLAB). Their first terms of appointment ended on March 31, 2008.

Petition PE1197

2008-11-20T23:48:00.002Z

Petition by Bill Alexander calling on the Scottish Parliament to urge the Scottish Government to reform the legal system to adopt the Scandinavian system of allowing unrestricted access to legal representation before the court for example by allowing non-lawyers to appear in court on behalf of other parties.

Stunning Pensioner

2008-11-03T23:07:00.005Z

The Best Stun Gun blog (no, really) reports that a man has been fined in Edinburgh Sheriff Court for importing an illegal stun gun.

South African Vernon White (73), by all accounts was visiting some friends in the Veldt. They decided that returning to Leith would be too risky for him without some kind of protection and gave him the weapon for his own self-defence. However, it was discovered by officials on his return to the UK when ... he told them he had it.

Sheriff Reith issued a modest fine.

Sturgeon "not persuaded" on euthanasia

2008-11-03T23:01:00.005Z

Nicola Sturgeon MSP, the Health Secretary, has been reported as saying she was "not persuaded" that assisted suicide should be made legal, after independent MSP Margo MacDonald said she hoped to bring legislation on the subject before Holyrood next year.

Ms. Sturgeon (with whom I once worked) said that she was not sure safeguards could be put in place to prevent the system from being abused. However, she is quite comfortable (as I understand it) to see organs harvested from those who haven't got round to "opting out" (i.e. declaring officially that you'd like to hang onto your organs after you're dead).

Rape law concerns

2008-10-29T23:27:00.003Z

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.

What do Judges actually do?

2008-10-29T00:04:00.005Z

"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).

High Court in Club vs. Country row

2008-10-27T22:29:00.005Z

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.

Helow again

2008-10-23T02:16:00.003+01:00

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.

Aberdeen City set for further legal challenge over disability cuts

2008-10-22T00:39:00.004+01:00

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.

Scots lawyers in Gaza

2008-10-20T22:53:00.004+01:00

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.

And stay out!

2008-10-09T02:07:00.007+01:00

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.

Journal Online Revamped

2008-10-06T23:06:00.003+01:00

Check it out! New look Journal Online - fancy.

Sheriff: "Chivalry's not dead"

2008-10-06T22:56:00.004+01:00

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.

Another placing request victory!

2008-10-03T00:07:00.005+01:00

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.

Doing Time

2008-10-01T00:35:00.004+01:00

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.

Glass ceiling at faculty cracked?

2008-09-30T00:26:00.004+01:00

According to the Daily Record, the number of women training to be advocates in Scotland's courts is set to equal the number of male devils for the first time.

Numbers of women have risen recently and this year's autumn intake is almost an equal split.

Claire Mitchell, one of the 110 female practising advocates in Scotland, is quoted as saying: "The figures are a very promising sign for women in the business. The Law Society estimate that by 2011, there will be more women than men in the legal profession."

"No doubt at some time, there will be a 50-50 split at the faculty as well."

The Record also reminds us that Scotland's first female advocate was Margaret Kidd, who was admitted to the Scottish Bar in 1923 and continued to practice until 1974.