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.

Labels: Human Rights, News

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.

Labels: criminal law, News, Scottish Government

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!

Labels: News, Privacy

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.

Labels: Children, Education Law, News

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".

Labels: Law and Ethics, News

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?

Labels: Children, Human Rights, News, Privacy

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?

Labels: criminal law, Glasgow, News, Scottish Government

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.

Labels: Children, News

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.

Labels: News, Scottish Government

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.

Labels: Edinburgh, News

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).

Labels: Law and Ethics, News, Scottish Government, Scottish Parliament

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

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

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

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.

Labels: Faculty of Advocates, News

The Stornoway Gazette reports that Calmax Construction Company, based in Lewis, were fined a total of £10,000 for waste and pollution charges.

It seems that Calmax were demolishing a house and the rubble left over contained a substantial amount of asbestos. Rather than, I don't know, calling in some experts to get rid of this hazardous substance safely, Calmax decided to simply burn it. Their crime was only detected by the eagle eyes of "a passing officer" from the Scottish Environment Protection Agency.

Am I alone in thinking that the fine in this case is not set at a level likely to deter? I don't know what the going rate is for safely disposing of a houseful of asbestos, but I reckon that it's expensive enough to make an asbestosis bonfire a profitable venture at that level of fine. To my mind the directors of the company should be ordered by the court to eat anything they haven't disposed of correctly.

The image shows a close up of asbestos (when not on fire).

Labels: criminal law, Environmental Law, News

Congratulations to Maurice O'Carroll, advocate and his good lady wife for their recent court victory over Ryanair. Mr. O'Carroll acted as a party litigant (kind of) in suing the aforementioned airline for damages occasioned by a delayed/cancelled flight. You can read the judgement here: O'Carroll v. Ryanair.

Two points occur to me. One, how useful to be able to sue for delays at airports and two, how interesting that even advocates take budget flights. The credit crunch is affecting even counsel it seems!

Finally, a big welcome to the website of Maurice O'Carroll which has now been added to our Advocates page in the links section.

Labels: Faculty of Advocates, News, site updates

The following caught my attention while browsing PanGloss on the subject of suicide websites.

The UK Government has announced that the law on "suicide websites" is to be rewritten to ensure people know they are illegal. It follows concerns that people searching for information on suicide are more likely to find sites encouraging the act than offering support.

It is already illegal under the Suicide Act 1961 to promote suicide, but no website operator has yet been prosecuted.

Lilian Edwards (the author of PanGloss) worries that this will lead to a blanket blocking of all suicide related websites, including those offering valuable support. She also points out that suicide law is different in Scotland and predicts that if this is not adequately dealt with, we might see an upsurge in suicide websites hosted on Scottish servers!

Image is the logo from the website: To Write Love On Her Arms, a non-profit movement dedicated to presenting hope and finding help for people struggling with depression, addiction, self-injury and suicide.

Labels: criminal law, News

Mike Dailly of the Govan Law Centre returns from Cameroon with news that the government there are supporting efforts to establish the country's first law centre in the region of Bamenda.

After winning verbal support from local ministers, Mr Dailly is working to raise funds for a law centre in Bamenda, to be built and run by local human rights workers. He said: "It will offer people access to lawyers they could not otherwise afford and educate them about their rights to make sure they are less vulnerable to exploitation."

This is also great news for Toto fans, as it gives me another excuse to post a YouTube clip:

Labels: Human Rights, Law Centres, News

The Scotsman carries a story about the concerning rise in the number of children in secure accommodation in Scotland. The number of admissions has risen from 307 last year to 346 this year, with over 10 per cent under the age of 13.

Labels: Children, News

Just came across this post on the extradition of the Howes family by/to the USA.

According to the website, the family ran a small business selling chemicals over the Internet from the home in Bo'ness. However two of the substances they sold were iodine and red phosphorus. The former has medical uses and the latter is often used in the manufacture of fireworks and other pyrotechnics.

Their business was perfectly legitimate, had been checked by the Health & Safety Executive and neither substance is controlled under Scots (or UK) law. However, they are ingredients in crystal meth, and as such US enforcement agencies have decided to take action.

Under the terms of the draconian extradition treaty our government has kindly signed with the United States, US law enforment agencies no longer have to provide evidence of a prima facie case in order to secure extradition.

And so, due to our efforts to fight the "war on terror", a Scottish couple running a legitimate business have already spent 7 months on remand and may well end up spending the next twenty years of their lives doing hard time in an Arizona prison.

Which seems a little harsh, doesn't it?

Labels: criminal law, Health and Safety, Human Rights, News

Scots Law Blogger, Jonathan Mitchell QC brings us an interesting piece on some potentially thorny questions arising from the recently announced Legal Profession (Scotland) Bill.

Covering questions including the "cab-rank rule" and "mixed doubles", his post on The Proposed Legal Profession Bill is well worth a read.

Perhaps the Bill will finally sort out all the mixed metaphors which so bedevil one down at the Faculty.

Labels: Faculty of Advocates, News, Scottish Parliament

With thanks to the "Lawyer TV" channel on YouTube, footage of Dr. Pamela Abernethy of Simpson & Marwick Solicitors giving evidence to the Scottish Parliament's Justice Committee to the effect that Pleural Plaques are "a good thing".

Labels: News, Scottish Parliament

From Friday's Herald:

"In The Herald ... yesterday, it was wrongly stated that Lady Cosgrove, Scotland's first female judge, had died. She is, in fact, chairing the public inquiry into why patients were infected with HIV and Hepatitis C contaminated blood. We apologise to Lady Cosgrove for this error. In addition, there are four women judges in Scotland, not three as stated in the article."

Labels: News

Scotland's Commissioner for Children and Young People, Kathleen Marshall, has announced that she will not seek reappointment when her term of office comes to an end next April.

The Scottish Parliament's Corporate Body (SPCB) will recruit her successor.

Kathleen Marshall said how grateful she was for the help and support she'd received from many individuals, groups and particularly children and young people who had helped to shape her work and made it so rewarding:

"It has been a great privilege to be Scotland's first Commissioner for Children and Young People.

"I hope I have made a difference to the lives of children, especially those whose rights were most under threat, such as asylum seekers, children with disabilities and those in care.

"However, I believe ten years would be too long to stay in the post. This seems the right time to step down as it is a natural break and the office is ready to consult on a new set of priorities."

The Commissioner's report on the age of leaving care showed that eight times more young people left care at 16 than at 18, despite law and policy advocating that they stay in for longer. It was clear that there was a strong culture that led people to identify 16 as the age for leaving care. Activities designed to shift this culture have included a parliamentary debate and distribution of thousands of leaflets, designed with the help of some of the young people affected.

Kathleen Marshall emphasised that her work was not yet finished:

"[T]he coming months will be dominated by the UN's scrutiny of the UK's record in implementing the Convention on the Rights of the Child. I was in Geneva in June to tell the UN how I saw the situation. I will be there again on 23rd September to watch the Government being questioned. And I will be working after that to ensure that the UN's recommendations are monitored and translated into reality."

Labels: Children, News

The Scottish Ministers have decided (on 3rd September) not to call in an application by Go Ape! to build an adventure playground in Pollok Park and have sent it back to Glasgow City Council. The volume of objections is not technically allowable as a reason to review the planning decision - so campaigners are now at the stage of challenging the Council's legal competence to grant a lease at all.

Campaigners argue that the Council had no legal right to approve in principle a lease for Go Ape! in Feb 2007 and the Councillors were misinformed at the Committee which did this.

A solicitor on behalf of Save Pollok Park wrote in April 2008 to the City Council, reminding them that the disposition of Pollok to the Council prohibits developments such as Go Ape! without the agreement of the National Trust for Scotland and the Maxwell family.

It has further been argued that Pollok falls within the definition of "Common Good" and that the Council has failed so far to place it on the Common Good register.

Labels: Environmental Law, Glasgow, News, Scottish Government

From the pages of Jonathan Mitchell QC:

The Murray Stable has now formed four special interest groups: employment, public law, commercial and insolvency, and family law. The Family Law Group is holding a public launch on 22 September at the Mackenzie Building, which is behind the Fringe Office at 172 High Street, EH1 1QX.

The event has been designed in the form of a debate with the following topic:

"Scots Law has no effective means of dealing with mothers who will not allow contact."

The Motion (taking its format from a four-speech Appeal in the Court of Session) will be argued by Janys Scott QC and Ross Macfarlane, Advocate and will be defended by Jonathan Mitchell QC and Kirsty Malcolm, Advocate. Each advocate will speak for less than ten minutes and the event will be chaired by noted child psychologist and FLaG member Professor James Furnell.

This will be a lively event with lots of scope for audience participation and discussion. The event qualifies for one hour of CPD and gives you the chance to meet informally with members of the Group and its clerking support. It will take place on Monday 22nd September 2008 at 5.30pm in the Mackenzie Building, Old Assembly Close, 172 High Street, Edinburgh EH1 1QX.

The programme is:

• 5.30 Registration: tea and coffee
• 6.00 Introduction by Professor James Furnell
• 6.10 Debate, followed by questions from the audience and plenary discussion
• 7.00 A Brief Word on Clerking: Iain Murray, Murray Stable Practice Manager
• 7.10 Wine and light refreshments

Places are limited and anyone wishing to attend should contact the Murray Stable, preferably by email.

Labels: Children, Events, News

As reported by Techno Llama among many, many others, Google's new browser "Chrome" had a few teething problems, with initial versions of the Terms of Use claiming the rights to "any Content that you submit, post or display on or through the Services." What? Everything?

Panic over! Google say this was just an admin error and have replace the offending item with the inoffensive "You retain copyright and any other rights that you already hold in Content that you submit, post or display on or through the Services."

Much better. That'll teach you to read the small print, though!

Labels: IP, News

In an outstanding example of joined-up government (or, depending on your view, hypocrisy and stupidity), Aberdeen City Council are calling on the Scottish Government to allow them to pass local laws to criminalise begging on the streets.

This, just months after the Council cut £900,000 of funding from the Cyrenians, a homeless charity, forcing the closure of several shelters for the homeless.

The picture is Bartolomé Esteban Murillo's "Beggar Boys Eating Grapes and Melon"

Labels: criminal law, News

The Scottish Government has announced its legislative programme for the coming year. Here it is in full:

• EDUCATION (ADDITIONAL SUPPORT FOR LEARNING) (AMENDMENT) (SCOTLAND) BILL;
• ARBITRATION (SCOTLAND) BILL;
• BUDGET (SCOTLAND) BILL;
• CHILDREN'S HEARINGS (SCOTLAND) BILL;
• SCOTTISH CLIMATE CHANGE BILL;
• COUNCIL TAX ABOLITION (SCOTLAND) BILL;
• CRIMINAL JUSTICE AND LICENSING (SCOTLAND) BILL;
• FLOOD RISK MANAGEMENT (SCOTLAND) BILL;
• HEALTH (SCOTLAND) BILL;
• LEGISLATIVE REFORM (SCOTLAND) BILL;
• LEGAL PROFESSION (SCOTLAND) BILL;
• PUBLIC SERVICES REFORM (SCOTLAND) BILL;
• SCOTTISH MARINE BILL;
• SAFEGUARDING RURAL SCHOOLS (SCOTLAND) BILL;
• SCOTTISH CLIMATE CHANGE BILL; and
• SCOTTISH PARLIAMENT AND LOCAL GOVERNMENT ELECTIONS BILL.

And the analysis? Well a grand total of 12 "(Scotland)" Bills to only 4 "Scottish" Bills. A clear majority for the brackets. I just hope that in their enthusiasm to abolish Council Tax, the Parliament forgets to enact an alternative!

Labels: News, Scottish Parliament

More news in the Sunday papers about the evil Glasgow Bar association. Hot on the heels of revelations that the GBA had hired a PR firm (No!), is the news that a number of the lawyers involved in the GBA actually make money from Legal Aid.

This presumably gains its shock value from the fact that most people assumed that the Scottish Legal Aid Board's budget had already been reduced to the extent where no-one made a living from it any more.

The response from the press to the GBA's campaign highlightng the dangers of "diversion" has - to my mind - been missing the point. Even if we were to assume that the whole campaign is fuelled by gr