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The Herald Scotland
a day ago
- The Herald Scotland
Scotland's rape laws risk breaching ECHR say top lawyers
Earlier this month top criminal defence advocate Thomas Leonard Ross KC raised his concerns that some men accused of rape and sexual assault were not getting a fair trial because of how courts were understanding rules relating to the admissibility of evidence. He told The Herald that victims had told lies about matters relating to the case yet the defence had been stopped from putting that situation to the jury. READ MORE: "How can it be said that someone has had a fair trial when it's been proved that the complainer lied about something important in the course of the inquiry and that was not allowed to be introduced as evidence?" he told The Herald. "There are serious concerns that people are not getting a fair trial when they are not being given the opportunity to provide evidence which might support their innocence". The situation revolves around what evidence is allowed to be heard in open court before a jury. Sometimes known as "rape shield" laws, specific provisions to regulate the use of sexual history evidence were first introduced in Scotland by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. Criminal defence advocate Thomas Leonard Ross KC (Image: Ryan McNamara) These provisions were later repeated in sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995. In response to concerns about their operation, the provisions in the 1995 Act were replaced by new sections 274 and 275 in 2002. They are designed to protect complainers giving evidence from irrelevant, intrusive and often distressing questioning. Sections 274 and 275 of the 1995 Act were intended to protect complainers in sexual offence trials from inappropriate questioning about their sexual history and wider character and lifestyle when giving evidence in court. In particular, they were designed to discourage the use of evidence seen as of limited relevance, where the primary purpose of the evidence is to undermine the credibility of the complainer or divert attention from the issues that require to be determined at trial. Now it has emerged that the Faculty of Advocates and the Law Society of Scotland have also raised concerns, arguing the way rules allowing only evidence that is only "relevant" to the charge to be heard have been too narrowly interpreted in two recent cases undermining the accused rights to a fair trial and hence breaching Article 6 of the European Convention of Human Rights. Roddy Dunlop KC and Claire Mitchell KC were responsible for the Faculty's input and David Welsh and Stuart Munro for the the Law Society of Scotland's. Dean of the Faculty of Advocates Roddy Dunlop KC (Image: Contributed) The parties are referred to as "interveners" and the arguments were made in a submission to the Supreme Court in connection with the cases of Andrew Keir and David Daly, convicted of rape in October and December 2022 respectively. Both lost appeals against their convictions in Scotland and have taken their fight to the Supreme Court. Their cases were heard in the Supreme Court last year, and the court is still awaiting judgment in both cases. In its submission to the Supreme Court, the Faculty of Advocates and the Law Society of Scotland urged the court to find that the "the balance has become so skewed as to involve a real risk of breach of Article 6" in both Keir's and Daly's cases. It argued that by preventing certain evidence which would favour the defence being heard, the court had undermined the accused ability to test the prosecution's case and allow the jury to understand the full context of the events at the centre of the trial. It stated that the "interveners accept and support the basic proposition that a version of the statutory scheme in sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995 is appropriate and necessary." It added: "It is vital that complainers are able to give evidence free from intrusive or inappropriate questions which are not relevant to the issues relevant to the jury's consideration, and are not put off from reporting crimes because of a fear that they will be subject to humiliation before a jury." However they went on to question that the issue of what was regarded as "relevant" evidence was being understood too restrictively. "The approach of the courts has been to infringe on an area into which Parliament has chosen to legislate," the submission said. "The overall effect of the foregoing creates a risk of the accused being denied a proper opportunity to present his defence at trial, with the consequence that the procedure is so unfair as to be incompatible with Article 6 ECHR." It added: "The overarching conclusion that the interveners invite this court to reach in these appeals is that the interpretation by the Scottish courts of the statutory definition of rape – and therefore the scope of relevant evidence for a rape trial – has gone so wrong that it has upset the balance of fairness between a complainer and an accused. "The interveners respectfully invite this court to determine that the balance has become so skewed as to involve a real risk of breach of Article 6." It concluded: "The interveners, for the reasons set out above, submit that the overly-restrictive interpretation of relevancy for the purposes of sexual offences has resulted in an undermining of the statutory scheme. The effect of that undermining is, in effect, to remove from an accused the ability properly to (i) test the case made against him, and (ii) place before the jury the full context in which the actions took place. "The overall effect, therefore, is to create a situation in which the procedure is potentially (and dependent on the precise facts of the case) unfair as to amount to a breach of the accused's Article 6 right to a fair trial. The State is under an obligation not only to protect the complainer (which is an important factor), but is also under an obligation to make sure those protections do not undermine the fairness of the proceedings in relation to the accused. The balance at the moment has not been struck fairly for the accused who is put at a distinct disadvantage in a trial when accused of a sexual offence." Reflecting on the submission Stuart Munro, convener of the Law Society's Criminal Law Committee told The Herald last night: "It is widely accepted that cases involving allegations of sexual violence require special rules to limit the admissibility of evidence about a complainer's character or sexual history. "It is vital that complainers are able to give evidence free from intrusive or inappropriate questions which are not relevant to the issues before the jury, and are not deterred from reporting crimes because of a fear that will happen. "However, a very careful balance has to be struck to ensure that those accused of crime are able to advance their defence and have a fair trial. We are concerned that some recent decisions of the Scottish courts may have resulted in accused people not being able to fully test the case against them and created a situation where juries may be unaware of the full context in which events are said to have taken place. The Law Society and the Faculty of Advocates recently intervened to highlight these concerns in a Supreme Court appeal, and we are now awaiting the court's decision." A spokeswoman for the Scottish Courts and Tribunals Service said it would be inappropriate for the Judicial Office to comment on any ongoing proceedings.
Times
11-07-2025
- Business
- Times
Scottish Legal Awards 2025: celebrating excellence in a transformative year
Preparations are underway for the 22nd Scottish Legal Awards – an event poised once again to shine a spotlight on the profession's most outstanding talent © Martin Windebank While the big night is still on the horizon, this year's competition has already made headlines with a record-breaking number of entries: over 100 submissions from more than 50 law firms, organisations, and individuals. Unsurprisingly, demand for tables at the awards dinner is already heating up as it is fast becoming one of the most sought-after bookings in this autumn's corporate calendar. A night to remember The 2025 edition of Scotland's premier independent legal awards programme takes place at the DoubleTree by Hilton Glasgow Central on Thursday, September 18, where the legal community will see their peers recognised for exceptional achievement. Hosted by popular broadcaster Des Clarke, the ceremony represents the culmination of months of rigorous judging by a distinguished 15-member panel led by Chair Lorna Jack, former chief executive of the Law Society of Scotland. This year's awards arrive at a defining moment for Scottish law. The profession is navigating unprecedented challenges and opportunities – from the adoption of artificial intelligence to new regulatory frameworks – while maintaining its unwavering commitment to diversity and inclusion. The ceremony will celebrate not only current excellence but also the vision and adaptability that will define the sector's future. The awards programme is proudly supported by headline sponsor Denovo, a legal technology company that has been helping Scottish law firms for more than 40 years. Steven Hill, Managing Director of Denovo, is an enthusiastic champion of the awards and what they represent: He said: 'This event plays a crucial role in recognising the incredible work and achievements of the Scottish legal community – something we are passionate about supporting. 'At Denovo, we see real synergy between the Awards' celebration of excellence and our own mission to help Scottish law firms succeed and make their working lives a little easier.' He added: 'Our business was founded here in Scotland, and we're proud to have grown alongside so many fantastic law firms. Supporting such a prestigious event demonstrates our long-term commitment to the Scottish legal sector. We look forward to celebrating the outstanding talent, innovation, and dedication that make this profession so special.' © Martin Windebank The awards take place against the backdrop of a legal landscape that is changing rapidly. The Legal Services Regulation (Scotland) Bill, passed in May 2025, has strengthened oversight of solicitors and improved consumer protection. The rollout of Civil Online now allows lawyers to handle civil claims digitally in the Court of Session and sheriff courts, making processes faster and more efficient. Perhaps most notably, Scottish firms are embracing artificial intelligence in ways that seemed impossible just a few years ago. Many practices are reporting that AI tools help them complete routine tasks like document review and contract analysis much faster than before. But the impact of new technology goes well beyond simple timesaving. Law firms are now looking for trainees and newly qualified solicitors who can work confidently with AI tools, while senior lawyers are learning to oversee these new systems responsibly. It's a shift that's changing how legal work gets done at every level. Recognising excellence This year's awards programme features 20 categories that cover the full range of legal expertise across Scotland. For the first time, the Firm of the Year award has been split into two categories – large firms with over 250 employees and smaller practices with under 250 employees – recognising that different sized firms face distinct challenges and have particular strengths. A brand-new category, Marketing & Business Development Team of the Year, has been introduced to reflect how important it has become for firms to connect with clients and grow their business. Other categories like Excellence in Equity & Inclusion and Excellence in Support & Wellbeing take account of the fact that the profession is increasingly focusing on the mental and physical health of the people responsible for delivering the services as much as on the quality of the services themselves. © Martin Windebank Company awards encompass Firm of the Year categories for both large and small practices, alongside Excellence in Client Care, Community Care & Social Responsibility, Excellence in Equity & Inclusion, and Excellence in Support & Wellbeing. Team awards recognise specialist expertise across Litigation, Property, In-House Legal, Criminal Defence, Legal Technology & Support, Family Law or Private Client, and the new Marketing & Business Development categories. Individual awards celebrate personal achievement through the Lifetime Achievement Award (sponsored by The Times), Business Leadership Award, Lawyer of the Year, Paralegal of the Year, Rising Star of the Year, Advocate of the Year, and Law Champion of the Year. Championing the people Throughout 2025, Scottish law firms have made real progress in creating more inclusive workplaces. Many are introducing better wellbeing programmes, offering more flexible working options, and developing specific support for underrepresented groups in the profession. The Excellence in Equity & Inclusion and Excellence in Support & Wellbeing categories showcase the firms leading this charge, demonstrating that being a great place to work is just as important as delivering excellent legal services. The awards also recognise the vital role of support staff and paralegals in making law firms work effectively. The thousands of paralegals working across Scotland combine the legal acumen with operational support that are essential to delivering high quality legal services, Scotland's legal profession now offers many different types of roles, with support staff using sophisticated technology and contributing expertise that goes far beyond traditional administrative tasks. The Legal Technology & Support Team of the Year category features eight finalists, while the Paralegal of the Year category celebrates outstanding individual contributions. The Scottish Legal Awards is also proudly continuing its tradition of supporting charitable causes that strengthen the legal profession's foundation. The Lawscot Foundation helps overcome socio-economic barriers to legal education by providing £2,750 annual scholarships to talented students pursuing Scots law degrees, while It's Good 2 Give supports young cancer patients and their families across Scotland, funding psychologist posts in children's oncology wards and operating the Ripple Retreat on the shores of Loch Venachar. © Martin Windebank With September fast approaching, anticipation is building for what promises to be a memorable evening celebrating Scottish legal excellence. The 2025 awards will highlight the remarkable achievements of professionals and firms who have excelled during a year of significant change and progress. From innovative technology adoption to groundbreaking diversity initiatives, from exceptional client service to outstanding community contributions, the ceremony will showcase the very best of what Scotland's legal profession has to offer. Join the celebrations and share in the excitement by booking tickets on the awards website at
Scotsman
30-06-2025
- Business
- Scotsman
Here's how to future-proof your law firm
Be ready to meet changing client expectations, says Rob Aberdein, I recently had the privilege of speaking at the Law Society of Scotland's New Partners Conference on how to future-proof your law firm. What struck me most wasn't just the calibre of the up-and-coming lawyers in the room, it was the recurring question: What does the future of legal services actually look like? Sign up to our Scotsman Money newsletter, covering all you need to know to help manage your money. Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... It's a question our profession urgently needs to answer. We're standing on the shoulders of centuries of tradition - yet staring down a future shaped by fast-moving technology, changing client expectations, and new economic realities. For law firms, my message is clear: evolve or risk irrelevance. Future-proofing isn't about gimmicks or chasing buzzwords. It's about making deliberate decisions today that will safeguard your firm's relevance, resilience and reputation in the years ahead. 1. Rethink What Clients Value Advertisement Hide Ad Advertisement Hide Ad Client expectations have changed. People don't want to pay for processes, they want outcomes. They expect real-time updates, fixed pricing, and digital convenience without sacrificing human connection or legal rigour. Firms that cling to hourly rates, slow response times and paper-heavy systems will be left behind. Technology won't replace lawyers, but lawyers who use technology well will replace those who don't. This isn't a slogan, it's a survival strategy. 2. Embrace Tech (But Don't Worship It) AI is transforming everything from property searches to predictive case outcomes. But the future isn't about robots in robes, it's about using tools that make us faster, sharper and more client focused. Smart firms are already automating admin, digitising client onboarding, and deploying AI to enhance research, drafting and compliance. But technology must serve the client, not dazzle the partner. That means choosing the right tools and training your team to use them well. 3. Build the Firm You'd Join Today Advertisement Hide Ad Advertisement Hide Ad Culture eats strategy for breakfast. If your firm's internal environment feels like a relic of the 1990s, you'll struggle to attract or retain the next generation of talent. The future-focused firm is diverse, agile, purpose-driven and obsessed with growth. That growth isn't just financial - it's professional, personal and reputational. Your associates shouldn't be waiting 15 years to feel like they're part of something big. Let them lead. Let them build. 4. Be Brand-Led, Not Just Legally Sound The days of relying on reputation alone are over. Your brand - how you show up online, in communities, on social media - matters more than ever. And no, that doesn't mean TikToks in the canteen. It means knowing who you are, what you stand for, and how you communicate that clearly and consistently to clients and recruits alike. Every brand touchpoint, from your website to your office space, should inspire trust and communicate ambition. Your values need to be visible, not buried in a brochure. 5. Think Like a CEO, Not Just a Solicitor Advertisement Hide Ad Advertisement Hide Ad If you're a partner in a firm, you're not just a legal expert - you're a business leader. That means understanding cashflow, marketing, systems, risk and recruitment. It means building a scalable operation, not just a caseload. The future belongs to firms that are bold enough to professionalise the business side of law, while never compromising on the standards and ethics that define it. The Bottom Line: The future won't wait. The profession is moving and clients are already ahead of us. But for those willing to lead, listen and leap, this is a moment of huge opportunity. Let's not be the last industry to adapt. Let's be the first to evolve with purpose, with confidence and with pride in what Scots Law can become.
The Herald Scotland
20-06-2025
- The Herald Scotland
Concern as Scots legal aid solicitors cut by 12% since 2022
A Freedom of Information request submitted by The Herald revealed that the number of solicitors and firms has declined each of the last four years. In 2022, 1,281 solicitors and 551 firms were registered to provide legal aid; or 12.4% and 18.3% more than 2025, respectively. The data follows on from a recent survey conducted by the Law Society of Scotland, which revealed that 41% of 200 respondents planned to stop providing legal aid within two years or were unsure whether they would continue. Furthermore, one-third of criminal aid legal solicitors are expected to retire by 2035. Solicitors say Scotland faces a legal aid crisis. (Image: Newsquest) One solicitor who offers legal aid services told the Law Society: 'The system is too time consuming and complex. 'I think 2025 will see a number of firms not re-register to undertake this work as the Government do not seem interested in fixing this.' As the number of registered solicitors continues to decline, the number of Scots seeking legal aid has remained steady. The Scottish Legal Aid Board received 176,667 applications in 2024, down slightly from 2023, when 177,124 applications were lodged. However, these figures have risen by 9.5% since 2022, when 167,974 applications were received. Simon Brown is the president of the Scottish Solicitors Bar Association, which represents criminal solicitors who practise legal aid. He told The Herald: "Our numbers have been decimated in recent years. The Scottish Legal Aid board will tell you that numbers on the criminal register have stabilised in the last few years at just under 800, but this is far from the complete picture. "The number of solicitors that SLAB was able to review for its criminal peer review mechanism (those who take six cases a year) is very low. My understanding is that there are around 450-475 for the whole of Scotland, but around 150-175 of that number are doing 55% of the work. "The other major area of concern is the age profile of criminal solicitors. Around 60% are over 55 and are likely to leave the profession in the next 5-7 years." Read more: 'Domestic abuse victims represent themselves in court amid legal aid crisis' 'It's a tragedy' The human cost of Scotland's legal aid crisis: one mother's story As Justice Secretary, I cut legal aid, but we need to fund it before it's too late Law Society of Scotland President Pat Thom said the organisation was "concerned" but not "surprised" at The Herald's findings. She told The Herald: "These figures show why we have an access to justice crisis in Scotland, with many vulnerable people unable to get the support they need to navigate legal challenges whether they be related to criminal, civil or children's matters." Pointing to the Society's recent survey, she added: "There is no sign of the exodus from legal aid work slowing and we are concerned it will accelerate further in coming years. Pat Thom is president of the Law Society of Scotland. (Image: Law Society of Scotland) Thom also took aim at the Scottish Government, telling The Herald: "The government's actions are falling well short of what's needed to stop the decline in availability of criminal legal aid representation, and the minister is doing even less to address an even sharper decline in firms offering civil legal aid and also a shrinking pool of children's legal aid solicitors. "We were extremely disappointed last week to be offered a below-inflation increase for some criminal legal aid fees, and nothing at all for civil and children's legal aid," Thom added. "With nearly one in five civil legal aid firms dropping out of the system in just three years, it is clear this crisis extends across all three categories on legal aid." Responding to a request for comment, Minister for Victims and Community Safety Siobhian Brown said: 'The number of solicitors actively involved in criminal legal assistance has remained relatively stable for the last four years, with activity heavily concentrated among the busier solicitors. 'The Scottish Government continues to meet all legal aid costs in full, with expenditure last year reaching £169 million, and a further £14.2m approved in this year's Budget to meet continuing rising costs. Siobhian Brown says the number of active solicitors remains stable. (Image: Gordon Terris) Brown added: "This is on top of the 25% increase, amounting to £31m which included a package of support during Covid that included funding for the recruitment of legal trainees, we have delivered since 2019. 'We have announced action to make the legal aid system simpler and easier for both solicitors and those who need legal assistance. This includes a review of legal aid fees that will help develop regular assessments to ensure the system remains fair and sustainable and delivers for the public purse." The Scottish Government makes a distinction between registered solicitors and 'active' solicitors.
Scottish Sun
13-06-2025
- Scottish Sun
Disgraced Scots lawyer rubbed shoulders with MPs despite being unmasked as paedophile
Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) A DISGRACED lawyer rubbed shoulders with MPs at a key meeting — despite being unmasked as a paedophile. Alan Eccles, 44, met with clients affected by a legal firm's collapse just three days after he pled guilty in court to child sex offences. Sign up for Scottish Sun newsletter Sign up 2 Alan Eccles shared child sex abuse images and chatted online with other beasts Credit: Law Society of Scotland 2 Sex offender Eccles at front of public meeting with MP Mr Stainbank on left Credit: Supplied But he kept his conviction from the Victims of McClure Action Group, as well as MPs John Grady, Susan Murray and Euan Stainbank. There is no suggestion any of the MPs were aware of Eccles' court case when they went to Titwood Bowling Club in Pollokshields, Glasgow, on May 9. The Scottish Sun had told on May 6 how the pervert admitted admitted to sharing indecent pics of kids and a woman plus engaging in obscene chats about the sexual abuse of children. Incredibly, he was spared jail when sentenced this month. The predator worked with Glasgow law firm Jones Whyte, which took over the files of McClure Solicitors after it went under in 2021. Many of their customers claim they were mis-sold trusts meant to simplify inheritance. Dominic Grech, of the Victims of McClure Action Group, said: 'Eccles didn't say at the meeting that he had already pled guilty to these offences. 'Any ordinary person would have received a jail sentence. It is again indicative of the legal profession and criminal justice system looking after their own. 'Allan Eccles represents everything that is wrong with how certain elements of the legal profession perceive the public. 'Like McClure's, they think they are untouchable and to an extent they are, because no one in authority will challenge them and hold them to account.' Case against Gilgo Beach suspect Rex Heuermann 'may be tainted' by disgraced cop's arrest, says John Wayne Gacy's lawyer Labour's Mr Stainbank and Mr Grady plus Lib Dem Ms Murray had attended on behalf of affected constituents. Another four MPs sent representatives. Eccles previously claimed he had helped in more than 100 McClure clients' cases. He said the volume of customers the company had dealt with was 'unmanageable'. But he insisted McClures had been doing nothing 'unlawful'. The sicko, of Bearsden, near Glasgow, returned to Paisley Sheriff Court for sentencing on June 2. Law chief Bruce Erroch told him: 'Your behaviour was despicable.' But he sentenced him to 300 hours of unpaid work, and an eight-month tag. Eccles was also placed on the sex offenders register for three years. He is still registered as a solicitor on the Law Society of Scotland website. Ms Murray said: 'I was not aware of Mr Eccles, his conviction or his past.' A Scottish Labour spokesman said: 'Mr Grady and Mr Stainbank went to the public meeting at the invitation of the Victims of McClure group. MPs from all parties were invited. Neither has any relationship with Eccles.'
