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26th January 2022
Scotland's news service for lawyers
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Son of man adopted in 1933 granted access to adoption papers

By Mitchell Skilling

Son of man adopted in 1933 granted access to adoption papers

A Glasgow sheriff has granted the son of a deceased man who was adopted as a baby in 1933 access to his adoption process after ruling that the confidentiality of the application was governed by previous adoption legislation.

The applicant, JH, made the application in a bid to learn his birth family name. He had previously had another application refused by a sheriff in hoc statu and provided further material as to allow his second application to be treated as a fresh one.

The application was considered by Sheriff Andrew Cubie at Glasgow Sheriff Court.

No special status

In support of his application, the applicant supplied to the court a letter from an English person who had made a similar application. He also supplied an email from a “DNA Search Angel” which supported the applicant on the basis that information allowing families to be traced by way of DNA was so widely available as to render the confidentiality academic and unnecessary.

It was noted that in terms of the current rules concerning the confidentiality of the adoption process, contained in the Adoption and Children (Scotland) Act 2007, the applicant, as the descendant of an adopted person, had no special status or means of access to their parents’ adoption papers. Under the current rules, the starting point in respect of confidentiality was that the process remained sealed for 100 years, with specific routes for the unsealing of the process available.

In his decision, Sheriff Cubie cited the 2014 case of X (Adopted child: Access to Court file), in which the then President of the Family Division of the English High Court granted an application by the daughter of an adopted man. The court in X granted the application on the basis that the adoption was over 84 years ago, the parties involved were likely all deceased, and any upset which might be caused to surviving relatives of X’s birth mother was speculative.

On this case, Sheriff Cubie noted: “I have drawn at length from the decision in X for two reasons; firstly because of the status of the deciding judge and the weight to be given to his observations about confidentiality in adoption proceedings notwithstanding the different jurisdiction; and secondly because in the application before this court, reference was made by the applicant to correspondence from a supporter who I deduce was the successful applicant in X.”

Without exceptional circumstances

Analysing the current position in Scotland, Sheriff Cubie began: “In the absence of exceptional circumstances, such as a medical query, an application such as this, based primarily on curiosity, cannot succeed during the 100 year restriction period.”

However, noting the time at which the applicant’s father was adopted, he observed: “The adopted person was adopted in 1933. The law at that time was regulated by the relatively new Adoption of Children (Scotland) Act 1930, which came into force on 1 August 1930. Rules were promulgated under the 1930 Act by way of the Act of Sederunt to Regulate Proceedings in the Court of Session or in any Sheriff Court (SI 891 of 1930). I record my thanks to the staff of the sheriff court library service for tracing a copy of the Act of Sederunt.”

He went on to say: “Crucially for the applicant in this case, the period within which the process remains confidential was of a duration of twenty years. The period expired in 1953. Accordingly having regard to the passage of time and the absence of any obvious saving provision, the process can be opened without the need for any exceptional circumstances, or a requirement, to be established.”

Considering whether it was appropriate to disclose the papers, the sheriff said: “The court should still proceed with caution but having regard to the considerations which applied in as identified by Sir James Mumby, I consider that the court has a wider discretion whether to disclose information contained in the process to an applicant, freed from the constraints of the requirement for confidentiality.”

He outlined the relevant facts as follows: “The applicant is the child of the adopted person; the adopted person and his wife, the applicant’s mother are both deceased. The applicant has no siblings. It is highly likely that the birth mother is deceased. Any upset which might be caused to any surviving relatives of the adopted child’s birth mother is speculative. The adoption was over 88 years ago. The applicant’s reasons for wanting the information are both intelligible and genuine.”

On this basis, the sheriff was satisfied that the application could be granted, and that the applicant could be permitted to see the adoption process relating to his birth father.

Legal reforms to allow safe introduction of automated vehicles announced 

Legal reforms to allow safe introduction of automated vehicles announced 

The Law Commission of England and Wales and the Scottish Law Commission have today published a joint report making recommendations for the safe and responsible introduction of self-driving vehicles. 

The report recommends introducing a new Automated Vehicles Act, to regulate vehicles that can drive themselves. It recommends drawing a clear distinction between features which just assist drivers, such as adaptive cruise control, and those that are self-driving. 

Under the law commissions’ proposals, when a car is authorised by a regulatory agency as having “self-driving features” and those features are in use, the person in the driving seat would no longer be responsible for how the car drives. Instead, the company or body that obtained the authorisation (an Authorised Self-Driving Entity) would face regulatory sanctions if anything goes wrong. 

Nicholas Paines QC, public law commissioner said: “We have an unprecedented opportunity to promote public acceptance of automated vehicles with our recommendations on safety assurance and clarify legal liability. We can also make sure accessibility, especially for older and disabled people, is prioritised from the outset.”

David Bartos, Scottish law commissioner said: “How should the law deal with self-driving technologies? Our joint report with the Law Commission sets out new laws for allowing automated vehicles on our roads, ensuring safety and accountability while encouraging innovation and development.”

UK transport minister Trudy Harrison said: “The development of self-driving vehicles in the UK has the potential to revolutionise travel, making every day journeys safer, easier and greener. 

“This government has been encouraging development and deployment of these technologies to understand their benefits. However, we must ensure we have the right regulations in place, based upon safety and accountability, in order to build public confidence.

“That’s why the department funded this independent report and I look forward to fully considering the recommendations and responding in due course.”

Many driver assistance features are currently available to help a human driver. The report anticipates that, in future, these features will develop to a point where an automated vehicle will be able to drive itself for at least part of a journey, without a human paying attention to the road. For example, a car may be able to drive itself on a motorway, or a shuttle bus may be able to navigate a particular route.

Once a vehicle is authorised by a regulatory agency as having self-driving features, and a self-driving feature is engaged, the law commissions recommend a new system of legal accountability. Under it:

  1. The person in the driving seat would no longer be a driver but a “user-in-charge”. A user-in-charge cannot be prosecuted for offences which arise directly from the driving task. They would have immunity from a wide range of offences – from dangerous driving to exceeding the speed limit or running a red light. However, the user-in-charge would retain other driver duties, such as carrying insurance, checking loads or ensuring that children wear seat belts.
  2. The Authorised Self-Driving Entity (or ASDE) that had the vehicle authorised would have responsibility for it: if the vehicle drives in a way which would be criminal or unsafe if performed by a human driver, an in-use regulator would work with the ASDE to ensure that the matter does not recur. Regulatory sanctions would also be available to the regulator. 
  3. Some vehicles may be authorised to drive themselves without anyone in the driver seat. Here any occupants of the vehicle would simply be passengers. Instead of having a user-in-charge, a licensed operator would be responsible for overseeing the journey. There would also be requirements for passenger services to be accessible, especially to older and disabled people

The law commissions’ recommendations build on the reforms introduced by the Automated and Electric Vehicles Act 2018. The 2018 Act ensured that victims who suffer injury or damage from a vehicle that was driving itself will not need to prove that anyone was at fault. Instead, the insurer will compensate the victim directly. 

The law commissions recommend new safeguards to stop driver assistance features from being marketed as self-driving. This would help to minimise the risk of collisions caused by members of the public thinking that they do not need to pay attention to the road while a driver assistance feature is in operation.

The report has been laid before Parliament and the Scottish Parliament. It will be for the UK, Scottish and Welsh governments to decide whether to accept the commissions’ recommendations and introduce legislation to bring them into effect.

Bill to make Scottish pandemic measures permanent published

Bill to make Scottish pandemic measures permanent published

John Swinney

Legislation proposing the permanent adoption or temporary extension of some “beneficial” measures enacted during the pandemic has been published today, including an extension to statutory time limits for criminal proceedings.

The Coronavirus (Recovery and Reform) (Scotland) Bill proposes changes in 30 specific legislative areas, which were modified by temporary provisions made under Scottish and UK coronavirus legislation.

It follows a 12-week consultation process held between July and November 2021. Almost 3,000 responses were received from individuals, and organisations such as COSLA, Shelter Scotland, and Victim Support Scotland.

MSPs will now scrutinise and debate measures proposed in the bill, which include:

  • maintaining provisions that enable Scottish ministers to enact measures via public health regulations for any future public health threats, bringing Scotland into line with England and Wales where these powers are already permanent
  • maintaining pre-eviction protocols relating to rent arrears in the private rented sector, ensuring that tenants have all the information they need about their rights, and placing more responsibility on landlords to ensure correct procedures are followed
  • a temporary extension to statutory time-limits for criminal proceedings and the allowance for some procedural hearings to be held over audio or video link, to help manage the backlog of cases arising from the pandemic and ensure cases can continue to be heard, through greater flexibility in the programming of court business
  • maintaining remote registration of deaths and still-births by phone or other methods, without the need to go to a registration office in person, in addition to a new proposal to extend this flexibility to live births
    adjusting the minimum debt level that an individual must owe before a creditor can make them bankrupt from £10,000 to £5,000, up from £3,000 pre-pandemic
  • giving licensing boards the flexibility to be able to hold remote hearings, where they consider it appropriate

Deputy First Minister and Covid Recovery Secretary John Swinney said: “Scottish ministers have already removed many of the temporary measures that supported our response to the pandemic, which are no longer needed.

“However, we believe those pragmatic reforms that have delivered demonstrable benefit to the people of Scotland should continue. Whilst it has been incredibly disruptive, the urgency of the pandemic has driven the pace of digital adoption, and in some cases more efficient ways of working, and better service to the public.

“I am grateful to everyone who took the time to respond to our consultation, which has been considered very carefully in the drafting of this bill, to embed these beneficial reforms in Scotland’s public services, along with the temporary extension of some justice measures to assist the courts with clearing the backlog of cases arising from the pandemic.

“Our priorities are to continue to lead Scotland safely through and out of the Covid pandemic, to address inequalities made worse by Covid, make progress towards a wellbeing economy and accelerate inclusive, person-centred public services, and this bill supports those aims.”

Campaigners launch new FOI reform bill

Campaigners launch new FOI reform bill

The Campaign for Freedom of Information in Scotland (CFoIS) has launched a draft bill to amend the Freedom of Information (Scotland) Act 2002 (FoISA). 

CFoIS is inviting the public and all MSPs to support the bill and ensure it achieves legislative impact in 2022.

The bill would “amend, strengthen and close the legal loopholes” to ensure the public’s enforceable right to access information is robust.

Despite efforts at the Scottish Parliament since 2017 and a post-legislative scrutiny report published in May 2020, the Scottish government is still not persuaded that legal reform of FoISA is necessary. 

Carole Ewart, convener of CFoIS, said: “CFoIS calls for prompt action on legislative reform as we have been patient long enough. Given the seismic changes in digital communication and diversification in how publicly funded services are delivered, we must ensure enforceable rights and duties deliver the degree of transparency and accountability agreed by MSPs in 2002. The onus is now on Parliament to progress the detail of legal reform so we have updated and robust legislation 20 after Scotland’s first Freedom of Information Act was approved.

“CFoIS is concerned that FoI rights are being weakened by inactivity and investing in voluntary strategies such as on ‘open government’ which retains organisational power to decide if, what and when information is disclosed.

“The power should remain with the public. To stop the delays in delivering on the recommendations in the Scottish Parliament’s 2020 report, CFoIS will work with a cross-party coalition of MSPs and with the Scottish government to expedite reforms.”

Report into racial inclusion in the Scottish legal profession published

Report into racial inclusion in the Scottish legal profession published

The Law Society of Scotland has today published a report into racial inclusion within the Scottish legal profession, finding an increasingly diverse and progressive sector that wants to do more, but is hampered by slow progress, lack of visible minority role models and experiences of bias.

Alongside the report, the Law Society has issued an action plan to help address the issues and challenges raised in the report.

The report was produced by the Law Society’s Racial Inclusion Group, which was launched in January 2021 to better understand the lived and professional experiences of the society’s Black, Asian and minority ethnic (BAME) members and future members. 

It achieved this through a review of key data sources on inclusion in the profession; conducting research with BAME law students, trainees and solicitors through an online survey and one-to-one interviews; and speaking to other stakeholders in the justice sector about inclusion.

Key findings from the group’s report include:

  • The trend of increased diversity entering the profession continues and is positive, but this is not reflected across all minority ethnic groups and an increased pace is required. Access to minority role models, mentoring networks and funding opportunities are key issues that need addressed in order to achieve more diversity throughout the profession.
  • The lack of visible ethnic minority role models within the legal sector not only deters new ethnic minority entrants to the profession, but places an undue pressure and burden on existing ethnic minority members to act as mentors and representatives in addition to their legal careers.
  • Employers want diverse talent, but struggle to attract it, with a gap between the number of ethnic minority law students and those applying successfully to the largest employers of trainees in Scotland, which collectively train a significant percentage of trainee solicitors. Initiatives, such as using contextualised recruitment and blind recruitment, have been shown to have a positive effect.
  • A survey of members’ personal experiences was completed by around 20-25 per cent of practising BAME members. It showed that more than 60 per cent of all respondents have experienced bias, racism or discrimination on their route to qualification or during their careers. Of those that have experienced some form of bias, more than three-quarters said it was within the last two years, from overt acts, such as something someone said or did, to omissions, such as inconsiderate practices.
  • Building a culture within the profession where everyone can thrive requires action from members, employers and stakeholders. The intersection between ethnicity bias and other biases, such as gender, sexual orientation, age etc, cannot be ignored. Failing at inclusion results in ethnic minority lawyers being placed under a pressure their white counterparts do not face. Employers that take steps towards inclusion in how they treat their staff, ensuring fairness in recruitment, pay, progression and work allocation, celebrating a wide range of cultural events, and openly acknowledging contemporary racism and confronting it, will see clear beneficial outcomes.
  • Discussions around ethnicity targets should be encouraged to ensure that proportionate action is being taken to meet a legitimate aim and that it does not lead to personal or professional victimisation. Increasingly, large businesses are influencing the issue by setting targets for legal service providers.

The report includes 60 recommendations to help address the challenges reported and further inclusion within the Scottish legal profession.

Tatora Mukushi, a solicitor and convener of the Racial Inclusion Group, said: “We knew that we would encounter explanations for the limited success in achieving real inclusivity in the profession. Our own personal and professional experiences left us under no illusion that there were problems that were not recorded on the face of the data already collected and analysed.

“We have found a profession that is enthusiastic about innovation on this issue. Progressive voices at every level recognise the value of diversity. The opportunity to openly discuss the situation of ethnic minorities in Scotland, particularly over the last year, was warmly welcomed and reciprocally engaged with. Taking in the myriad views of stakeholders, their recognition of the present challenge and desire to continue regardless is reassuring. Doubtless these constructive and often difficult conversations will continue; indeed, they should.

“The structural disadvantages that ethnic minorities face throughout society often intersect with those based on class, sex and gender. It reinforces our proposition that inclusion is to be championed. The foundational work that the profession has carried out to enhance the inclusion of women has delivered a stronger sector and exhibits the truth that we were all disadvantaged by past failures. We make no bolder claim than that a decisive and determined profession can open their own narrative to achieve greater inclusion and better outcomes.

“Our hope is that this report makes it clear to the profession that our business thrives on meaningful inclusion, and to all else, that we intend to achieve it.”

Ken Dalling, president of the Law Society of Scotland, said: “The Racial Inclusion Group’s report and recommendations should be read by all in the profession. There is good news within the report, including that the diversification of the profession appears to be quickening, although not at senior levels yet. However, there are parts of the report that will shock and upset many members, particularly the personal experiences of ethnic minority members and the many indignities they face at work.

“That shock must turn to action for all in the justice sector, including ourselves at the Society. The group’s recommendations are excellent starting points, individually and as organisations, to begin to answer the question ‘what will we do to make change?’.

“We at the Law Society care passionately about the future of the profession and our action plan is our initial response - one we will add to, and report on, over time. This is not the end of our work, rather a statement of renewed intent with the acknowledgement that we will do more in the future.

“I thank the Racial Inclusion Group’s members for their deep commitment to inclusion in the profession and their hard work over many months to produce this report, as well as the many members who shared their experiences with us and brought the report to life.”

Three Holyrood committees to examine drug deaths and problem drug use

Three Holyrood committees to examine drug deaths and problem drug use

The Scottish Parliament’s Criminal Justice Committee, Health, Social Care and Sport Committee, and Social Justice and Social Security Committee are coming together to hold two special sessions looking at the actions taken to reduce drugs deaths and problem drug use in Scotland.

The sessions, which will question the Scottish and UK governments, as well as the new chair of the Scottish Drugs Deaths Taskforce (SDDT), will focus on what progress has been made so far, including implementation of SDDT’s recommendations, as well as what more can be done to address the drug crisis.

The committees are working together, recognising the issues which lie behind this crisis stem from different policy areas and require a coordinated approach. Each committee will send representatives to question witnesses and consider the progress made.

The committee will question Kit Malthouse MP, UK minister of state for crime, policing and probation, on the afternoon of 1 February.

On the following day, MSPs will then question the new chair of the Scottish Drug Deaths Taskforce, David Strang, followed by the Scottish government’s minister for drugs policy, Angela Constance MSP.

Speaking as the joint sitting of the three committees was announced, Criminal Justice Committee convener, Audrey Nicoll MSP, who will chair the joint sitting, said: “Problem drug use, and tragically, drugs deaths blight too many families and communities in Scotland.

“We know that the roots of these issues are complex and historical, and that the Taskforce recommendations touch many policy areas.

“Implementing the wide ranging solutions requires a co-ordinated approach by Parliament and Government.

“Addressing this drugs crisis is a priority for our committees. We want to support the individuals and families affected, as well as the agencies who work with them and the government in taking the right actions to reduce drug deaths and tackle the misuse of drugs.

“I hope these sessions allow us to see some progress in this area, perhaps finding consensus and focus on what more can be done.”

Bill passed to compensate women over transvaginal mesh surgery

Bill passed to compensate women over transvaginal mesh surgery

Humza Yousaf

Legislation has been passed to allow women who have paid for private surgery to remove transvaginal mesh to get their money back.

The Transvaginal Mesh Removal (Cost Reimbursement) (Scotland) Bill will establish a scheme to repay mesh removal costs which will open for applications as soon as is practicably possible after Royal Assent.

The scheme will be administered by National Services Scotland (NSS), which currently looks after the Mesh Fund. 

Work has also been ongoing to finalise contracts with Spire Health Care in Bristol and Dr Veronikis in Missouri, America. It is expected that Spire Health Care will accept referrals from next month. Discussions between NHS NSS and Dr Veronikis are progressing positively.

Health Secretary Humza Yousaf said: “I am delighted that the Scottish Parliament has unanimously backed the Scottish Government’s Transvaginal Mesh Removal Bill. This bill will help provide some justice to women who have been traumatised after receiving a mesh implant.

“I want to thank all those who have taken time to engage with, and express their views on the bill as it has progressed. We have listened to these views and as far as possible we have taken that feedback on board in our development of both the bill and the reimbursement scheme. It is fair to say that without the courage of the affected women we would not be where we are today. 

“Separately from the bill, work is continuing to widen the choices available to women who require mesh removal surgery, so that they can ask to be referred to a specialist centre in NHS England or to an independent provider. These options will be offered in conjunction with the service already available in NHS Scotland and are intended to ensure that everyone who has been affected by transvaginal mesh complications has the choice over where their treatment is carried out, and most importantly, get the care they want and need.”

Scottish government panel on women and justice system meets

Scottish government panel on women and justice system meets

Gender inequality and improving women’s experiences within the justice system will be addressed by a new Scottish government panel.

Members will examine the experiences of women as both victims and offenders in a range of settings including policing, community justice, criminal and civil courts, tribunals and prisons.

The Women’s Justice Leadership Panel, which meets for the first time today, will be chaired by legal affairs minister Ash Regan.

Membership includes Solicitor General Ruth Charteris QC, academics and representatives from the Scottish Prison Service, Police Scotland, Community Justice Scotland, the Scottish Women’s Rights Centre and the Centre for Women’s Justice.

Key issues for the panel include:

  • how women experience the Scottish justice system differently from men, in what ways their needs are not being met and how it impacts on them
  • international and UK examples where women’s needs are more appropriately met
  • how to address under-representation of women in senior leadership roles and how this impacts on the culture in justice organisations

Ms Regan said: “The Scottish justice system needs to evolve to ensure it serves the needs of women. For example, issues like the impact of caring responsibilities on women or the blurred line between victimisation and offender status are issues which could be understood better.

“Some significant improvements have been made, but often changes are piecemeal and do not provide the fundamental reform needed to embed women’s rights.

“We need to develop a better picture of the evidence to demonstrate how the experience of the justice system differs depending on gender and promote a consistent understanding of the impact of this on women. This will help us deliver better outcomes for women and reflect expectations of what a modern justice system should look like.”

Scottish Trans joins legal challenge over census guidance

Scottish Trans joins legal challenge over census guidance

Scottish Trans has been given permission to intervene in a case seeking to overturn guidance planned for the next Scottish census in March. The group argues that the change to the guidance would breach trans people’s human rights to dignity and privacy.

The guidance is provided for those who need it for the question “What is your sex?” and tells trans men and trans women that they can respond with the answer that corresponds with how they live their lives, regardless of what is on their birth certificate. This guidance was also used in 2011.

The organisation Fair Play For Women (FPFW) wants the guidance to be scrapped because, Scottish Trans states, “they object to the fact that it does not force trans men and trans women to answer with the sex recorded on their birth certificate”.

The case is due to be heard by the Court of Session next Wednesday.

Judges have granted Scottish Trans permission to act as third-party interveners, which means it can submit evidence to the court about why it believes scrapping the guidance would be an “unnecessary setback to trans equality and inclusion”.

Vic Valentine, Scottish Trans manager, said: “Trans men and trans women deserve the same dignity and privacy as everyone else. Why should they be forced to reveal personal details about their history or private life before they can take part in the census? This misguided case will send a message to trans men and trans women that they aren’t counted equally in Scotland.

“It makes no sense to ask a trans man who has ‘male’ on his passport and driving licence, who is known as a man at work, and who uses spaces and services for men every day to tick ‘female’ on the census just because that is what is on his birth certificate. We believe that trans men and trans women should be counted as who they are, today, just like everyone else.”

Scottish Trans is represented pro bono by the Scottish Just Law Centre, part of the human rights legal charity JustRight Scotland. Kay Springham QC is instructed as counsel.

Jen Ang, director at JustRight Scotland, said: “We are supporting Scottish Trans to intervene in this case as part of our work to ensure that people living in Scotland who will be affected by potential changes to the law have the chance to explain to our higher courts how that change might impact them. As an organisation, JustRight Scotland aims to help people participate in legal processes where the outcome of a court decision directly affects them.”

England: Woman tricked into relationship with spycop awarded £230k payout

England: Woman tricked into relationship with spycop awarded £230k payout

An activist who was deceived into a long-term intimate and sexual relationship with an undercover Metropolitan Police officer has been awarded a nearly £230,000 payout by a tribunal.

The Investigatory Powers Tribunal (IPT) ruled that Kate Wilson should be paid a sum of £229,471.96 by the Metropolitan Police and the National Police Chiefs’ Council (NPCC).

The tribunal previously ruled last September that Ms Wilson’s rights under Articles 3 (freedom from inhuman or degrading treatment), 8 (right to respect for private and family life), 10 (freedom of expression), 11 (freedom of assembly and association) and 14 (discrimination) of the ECHR had been violated as a result of the relationship.

Undercover police officer Mark Kennedy, using the name Mark Stone, “grossly debased, degraded and humiliated [Ms Wilson] and interfered with her bodily integrity”, the tribunal said.

In a statement, Ms Wilson said: “It is important to note the IPT compensation is not about the relationship I was deceived into by Mark Kennedy. That was settled in a civil claim back in 2017.

“It is compensation for the parts of the claim that the police denied right up to the end – how complicit Mark’s managers were, and the role of five other undercover officers in violating my political rights, and the fact that they dragged out those denials for 10 years.

“The finding that these operations breached the rights to freedom of expression and assembly and were unlawful amounts to a long overdue recognition that spying on the protest movement is political policing and has no place in a democratic society.

“It is important because it goes beyond the scandal of undercover officers deceiving women into intimate relationships. Violating our political rights was the entire reason for these deployments and thousands of people will have had their political rights violated in this way.”

Sentencing young people guideline comes into effect

Sentencing young people guideline comes into effect

Lady Dorrian

A new sentencing guideline applicable to people under the age of 25 at the date of their guilty plea or when a finding of guilt is made against them has come into effect.

Reflecting “compelling” scientific evidence on the development of cognitive maturity, the guideline says that a young person will generally have a lower level of maturity, and a greater capacity for change and rehabilitation, than an older person.

For this reason, it states that rehabilitation should be a primary consideration when sentencing a young person.

The guideline states that a court should ensure that it has sufficient information to assess the maturity of the young person and to identify and impose the most appropriate sentence. This includes information about factors common to many young people who commit offences, such as addiction, trauma, and adverse childhood experiences.

Lady Dorrian, Lord Justice Clerk and chair of the council, said: “The sentencing young people guideline is the Scottish Sentencing Council’s third general guideline. It joins, and must be read alongside, the principles and purposes of sentencing and the sentencing process guidelines as part of a framework for all sentencing decisions in Scotland.

“The council considers that by setting out the various matters which should be taken into account when sentencing a young person, the guideline will help to increase public understanding and awareness of why this is a different exercise to the sentencing of a fully mature adult, with rehabilitation as primary consideration.

“It is important to note that the guideline does not affect the centrality of the harm caused to a victim in assessing the level of seriousness of an offence. It also does not prevent other purposes of sentencing, such as protection of the public, or the full range of sentencing options, from being considered by courts when sentencing a young person.”

Record numbers of international students studying law in Britain

Record numbers of international students studying law in Britain

UK universities have attracted a record number of non-EU students applying to study both law and combination courses in the last year, a freedom of information request has revealed.

The number of non-EU students applying to study law at UK universities has increased by 238 per cent over the last decade. The number of overseas applicants for combination law courses, such as social studies with law or law with business, also rose sharply – by 133 per cent.

The data, sourced from UCAS and collated by London criminal defence solicitors Lawtons, details the number of applicants to study all law courses at UK universities. The analysis also highlighted the increasing diversity of people entering the legal industry in the UK, as well as the specific courses being applied for.

Law courses made up nine per cent of all applications in 2021, with almost one in 10 applicants applying for law-related courses, whether single or combined.

EU student numbers have, meanwhile, dropped. Applications to study all law courses from EU students have plummeted by 40 per cent over the course year, falling from 22,255 in 2020 to 13,145 in 2021.

UCAS data shows that over two-thirds of all law course applicants this academic year are female, highlighting a 12 per cent increase across all law-related courses. This number has been steadily increasing for years, now reaching the stage where just 31 per cent (48,065) of law course applicants in 2021 were men, while 69 per cent (107,085) were women. Comparing the data to a decade ago, male applications have only risen by 1.9 per cent, as opposed to 41 per cent in female applications.

Nick Titchener, director at Lawtons Solicitors, said: “The demand for legal professionals in the UK is increasing two-fold. Recent reports from BCL Legal highlight that amid a shortage of professionals, firms are beginning to offer legal graduates salaries starting from £147,000. It is fantastic to see so many overseas students applying to study law in the UK since the economy has reopened.

“It is essential for prospective applicants to keep an open mind when pursuing a career in law. It is important to do your research to ensure you understand the qualifications required for the specific position you want. As well as this, you should identify any relevant work experience opportunities that will help you emphasise your commitment to a career in law, such as holiday schemes, mini-pupillages, marshalling or pro bono work.

“The legal industry is competitive yet rewarding and students applying to study in the UK will, in time, help the industry prosper in years to come”.

Dr Adrienne Barnett, senior lecturer in Law at Brunel University, said: “International students bring a vibrant and diverse community to our campuses, which is immensely valuable for both home and overseas law students. UK universities and the legal professions benefit from the unique perspectives and talent of overseas students, particularly as our law schools are increasingly decolonising their curriculums. Overseas law graduates will, in turn, help to diversify the profession.”

Thorntons urges business community to volunteer

Thorntons urges business community to volunteer

Pictured (L-R): Sue Arrowsmith Rodger, Linda Swan and Arlene Napier of Tayside Cancer Support

Thorntons is urging other businesses to commit to staff volunteering, saying it adds value to employees’ professional and personal lives.

In 2020, the firm signed up to Dundee-based Social Good Connect, looking to help staff feel connected during the challenges of lockdown. Launched by CEO Caroline McKenna during the first lockdown, the social enterprise makes employee volunteering simple by connecting employees with their perfect opportunities through digital search and match technology.

Sue Arrowsmith Rodger, legal director in the firm’s St Andrews office has now been volunteering with Dundee-based Tayside Cancer Support (TCS) for around 18 months. She has joined the charity’s team of befrienders, providing a fortnightly phone-based service for the charity’s clients, many of whom are living with cancer.

She said: “Although the part I play at TCS may feel relatively small and I can volunteer in small chunks of time, I know it makes a huge difference to the people I’m helping. The people we support are on an emotional rollercoaster, with diagnoses and treatment options for cancer changing all the time, and it’s a lot to process and cope with. I supported one client for a year whose family member had cancer, and now I am supporting someone new, who has a diagnosis of cancer herself and has just started her treatment journey.

“Often people just need a place to offload and vent in confidence about the challenges they’re facing. They don’t want to burden their own families with their deepest fears or concerns and I can feel that they’re keeping their emotions locked up. Speaking in confidence to a volunteer gives them a chance to drop the brave face and open up. Working in law you tend to be solutions-oriented, whereas befriending is about listening. It’s a useful distinction to make in life as well.”

Caroline McKenna believes businesses can make a significant difference to charities. She said: “We are often approached by charities seeking skilled support to run and grow their operations. They’re seeking board members, trustees, PR advisors, SEO specialists, HR help, the list goes on. What’s more, many of us are unaware of how useful our professional and personal skills really are, and how giving back can be as simple as spending 30 minutes or an hour sharing skills we already have.”

Craig Nicol, partner at Thorntons, said: “Social Good Connect was ready-made and it fits our culture. Volunteering with the support of your company adds value to your job and your personal life. What makes this platform different is that it matches employees with causes that really matter to them and helps them find specific opportunities to volunteer in that area. Half the work is already done for you once you’ve entered your profile.”

France: Conversion therapy banned

France: Conversion therapy banned

Therapy used to attempt to change a person’s sexual orientation or gender identity has been outlawed in France.

The country’s parliament endorsed a law backed by President Macron’s ruling party to bring an end to the practice.

Anyone who tries to “cure” gay and/or transgender people will face up to two years’ imprisonment and a fine of €30,000 – with harsher sentences imposed where the victims are under 18 or vulnerable.

France’s European affairs minister, Clément Beaune, who is gay, tweeted that he was “proud of this agreement”.

Conversion therapy has been condemned by experts in the United Nations. The practice may involve group therapy, electric shocks, forced sex and injections.

In France some 100 cases have been reported in recent years.

Quote of the day

Advertising has us chasing cars and clothes, working jobs we hate so we can buy shit we don’t need. We’re the middle children of history, man. No purpose or place. We have no Great War. No Great Depression. Our great war is a spiritual war. Our great depression is our lives. We’ve all been raised on television to believe that one day we’d all be millionaires, and movie gods, and rock stars, but we won’t.

Fight Club, dir. David Fincher (1999)

And finally… dictator’s cut

Cult classic film Fight Club has been rewritten in China to give it a more censor-friendly ending where law enforcement ultimately wins the day.

The original version of the 1999 film, starring Brad Pitt and Edward Norton, ends with the protagonist failing to foil an anti-consumerist plot to blow up skyscrapers.

However, a recut version released on China’s popular Tencent Video platform cuts the explosions and includes a title card explaining that police stepped in at the last minute:

“Through the clue provided by Tyler, the police rapidly figured out the whole plan and arrested all criminals, successfully preventing the bomb from exploding. After the trial, Tyler was sent to lunatic asylum receiving psychological treatment. He was discharged from the hospital in 2012.”

Images of the unexpected ending have gone viral on social media, both in and out of China, and has shone a spotlight on China’s strict film censorship.

Chinese companies with rights to distribute foreign films often self-censor to avoid scrutiny by Chinese censors, CNN Business reports.

EvolveCommunity launched by PracticeEvolve

EvolveCommunity launched by PracticeEvolve

PracticeEvolve Group, incorporating Linetime and SOS, have released a new e-learning platform, designed to improve user ability when employing their chosen software.

The new platform, EvolveCommunity, incorporates a host of collaborative features designed to ensure users embrace the future of legal technology and evolve their knowledge in the software they are using. Included within the initial release are forums to ensure close cooperation between firms and a suite of e-learning videos that support furthering user knowledge at a pace to suit them.

Adam Bullion, Director of Marketing at PracticeEvolve comments “The pace at which software evolves can often outpace a firm’s ability to stay abreast of software development. Training new users can prove difficult for law firms as it is often prohibited by time and cost, resulting in users becoming unaware of all the features and functions available to them within the software. We are taking responsibility by providing a platform that sets about a change in the way users are supported. EvolveCommunity, featuring EvolveLearning, a new online learning platform, provides a valuable tool to our clients, allowing them to get the most from every single feature and function within the software, whilst doing so at a pace to suit them.”

Adam continues, “I’m very excited to say we are investing in more than just the software itself and we are focused on helping our clients achieve much more through high level educational materials that offer the ability to users to manage their own learning. Of course, this does not replace the all-important face to face training upon a go-live, but it acts as a support tool and ultimately save firms time and money, ensuring they are maximising their investment. This is the first phase of the community site and we have strong plans to evolve the platform to include features that benefit all our clients.”

EvolveCommunity is a free platform provided to clients of PracticeEvolve, Linetime and SOS. To learn more about the benefits this service can provide your law firm, visit EvolveCommunity

Global Language Services Ltd

Global Language Services Ltd

Technology in the 21st Century is providing us with the means to communicate our thoughts and ideas across the planet in a way that would have been unthinkable, even 10 years ago.

However good the technology is, it cannot pick up the subtleties of a language, the culture that underpins it, or even the humour that oils many of our conversations.

For this reason there has always been a need for skilled interpreters and translators and probably always will. That’s where Global Language Services Ltd can help you.

Not only do we have the language service talent that you are likely to need, we also have a track record that spans Government, health, justice, commercial and private sector contracts.

So, whatever you want to achieve in a different language, we’re on your side from the word ‘go’.

We go out of our way to help with any translation and interpreting requirements and you can test that simply by picking up the phone and getting in touch. Calls are answered by trained operators with no call centres – just real people determined to help you achieve your language service requirements as quickly as possible.

If you’ve been searching for Professional Translation or reliable Interpreting Services at competitive prices, we like to think that Global will be your long-term partner after your first project with us.

With offices in Glasgow, Edinburgh, Inverness and Aberdeen we are committed to finding local interpreters and translators wherever possible. Our reach, however, goes much further than Scotland and we are happy to take translation projects from across the world.

Call Today on 0141 429 3429 to discuss your Project or email mail@globallanguageservices.co.uk

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