Non-custodial sentencing falls sharply in England and Wales – The Guardian

‘Use of non-custodial sentences in England and Wales has fallen sharply but risen significantly in Scotland, according to a report highlighting their effectiveness in preventing re-offending. The comparative study by the Centre for Justice Innovation reveals that over the past decade there has been a 24% decrease in the number of community sentences imposed in England and Wales compared with an 18% increase in Scotland.’

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The Guardian, 3rd November 2017

Source: www.theguardian.com

Two neo-Nazi groups added to banned list – BBC News

Posted October 2nd, 2017 in news, proscribed organisations, Scotland, terrorism by sally

‘Scottish Dawn and NS131, both aliases of neo-Nazi group National Action, are to be banned under UK terror law, the government has announced.’

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BBC News, 28th September 2017

Source: www.bbc.co.uk

Scotland and Wales begin formal dispute with UK Government over £1bn DUP deal – Daily Telegraph

Posted July 20th, 2017 in devolution issues, financial provision, news, Northern Ireland, Scotland, Wales by tracey

‘The Scottish and Welsh governments have launched a formal dispute with Westminster over their demands for extra funding as a result of the Tory deal with the Democratic Unionist Party.’

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Daily Telegraph, 19th July 2017

Source: www.telegraph.co.uk

Whether a Room is a “Bedroom” for the Purposes of the Bedroom Tax – Garden Court Chambers

‘In Secretary of State for Work and Pensions v The City of Glasgow Council & IB [2017] CSIH 35, 31 May 2017 (Lord Brodie, Lady Clark of Calton and Lord Glennie) the Court of Session in Scotland considered what factors should be taken into account in establishing whether a room is a bedroom for the purposes of Reg B13 of the Housing Benefit Regulations 2006 SI 2013 (the bedroom tax).’

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Garden Court Chambers, 3rd July 2017

Source: www.gardencourtchambers.co.uk

UK Supreme Court to sit in Edinburgh for the first time – BBC News

Posted June 12th, 2017 in news, Scotland, Supreme Court by sally

‘The UK’s highest court will temporarily move from its London home to Edinburgh this week.’

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BBC News, 12th June 2017

Source: www.bbc.co.uk

Date set for Supreme Court hearing in minimum alcohol pricing case – Local Government Lawyer

Posted May 2nd, 2017 in alcohol abuse, appeals, news, price fixing, Scotland, Supreme Court by sally

‘The Supreme Court will hear the dispute over the planned introduction of alcohol minimum pricing in Scotland in July, it has been confirmed.’

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Local Government Lawyer, 2nd May 2017

Source: www.localgovernmentlawyer.co.uk

Licensing Act review committee calls for ‘radical comprehensive overhaul’ – OUT-LAW.com

‘Licensing laws in England and Wales should be changed to give local planning authorities responsibility for determining the rights of businesses to sell alcohol on their premises, according to a House of Lords committee.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

UK should follow minimum alcohol price, say Lords – BBC News

Posted April 4th, 2017 in alcohol abuse, alcoholism, licensing, news, reports, Scotland, select committees by sally

‘Minimum unit pricing for alcohol should be rolled out across the UK if Scotland’s scheme is successful, a Lords committee says.’

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BBC News, 4th April 2017

Source: www.bbc.co.uk

Maintenance, Needs and Fairness – Family Law Week

Posted March 27th, 2017 in divorce, financial provision, legislation, news, periodical payments, Scotland by tracey

‘Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Banns of marriage – their development and future – Law & Religion UK

Posted February 23rd, 2017 in Church of England, disclosure, marriage, news, Northern Ireland, Scotland, Wales by sally

‘The legal requirement to read banns for couples intending to marry in church services was considered by members of the Church of England General Synod on 14 February 2017. Though Synod rejected moves that sought to end this “ecclesiastical preliminary” to marriage, important arguments were cited both for their retention and for their removal. In this post, we summarize the development and current usage in England and Wales, Scotland and the two jurisdictions in Ireland, and examine possible future directions.’

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Law & Religion UK, 23rd February 2017

Source: www.lawandreligionuk.com

Adopting Scottish Children in England – Family Law Week

‘Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children.’

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Family Law Week, 14th February 2017

Source: www.familylawweek.co.uk

Miller, BrEXIT and BreUK-up – Counsel

‘The Supreme Court’s treatment of the devolution issues in Miller is troubling, argues Aidan O’Neill QC, who examines the UK’s complex multi-national constitutional history and potential impact on the devolved political constitution.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

Divorces are skewed by judges’ outdated chivalry, says female peer pushing for cap on payments – Daily Telegraph

‘Judges are labouring under antiquated notions of chivalry in awarding women maintenance payments which extend years into the future, despite the fact that many divorcees go on to earn good salaries on their own, says a leading female peer.’

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Daily Telegraph, 12th February 2017

Source: www.telegraph.co.uk

Defying convention: Supreme Court puts Sewel on the sidelines – UK Human Rights Blog

Posted January 27th, 2017 in devolution issues, EC law, news, parliament, referendums, Scotland, Supreme Court, treaties by sally

‘In the new age of alternative facts, even Sean Spicer might struggle to spin Tuesday’s Supreme Court judgment as anything other than a comprehensive defeat for the government.’

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UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

A nation divided? – New Law Journal

Posted December 12th, 2016 in appeals, EC law, news, Scotland, Supreme Court, treaties by sally

‘Could the Sewel Convention scupper Brexit, asks Michael Zander QC.’

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New Law Journal, 8th December 2016

Source: www.newlawjournal.co.uk

Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

Many online child sex crimes using Facebook and Twitter ‘not recorded by police’ – Daily Telegraph

Posted September 22nd, 2016 in child abuse, internet, news, police, reports, Scotland, sexual offences by sally

‘Sex criminals are using social media networks like Facebook and Twitter to carry out attacks against Scottish children including rape but many are not recorded by the police, according to a disturbing official report.’

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Daily Telegraph, 22nd September 2016

Source: www.telegraph.co.uk

Kenneth Campbell QC: Sand in the Gearbox: Devolution and Brexit – UK Constitutional Law Association

Posted September 5th, 2016 in constitutional law, devolution, EC law, news, Northern Ireland, referendums, Scotland by sally

‘In the immediate aftermath of the EU referendum result, political comment from a number of quarters suggested that the Scottish Parliament could vote to block Brexit. For the comprehensive reasons given by Mark Elliott on his blog, that was a triumph of hope over the constitutional competence of the institution. However, that is not to say that the structures of devolution do not have a significant role in the working out of Brexit, and may yet act as a trigger for wider constitutional change. This post will suggest that the place of the devolved institutions has been underplayed in the debate thus far, and seeks to identify some of the issues which will require to be addressed. These include: the operation of the Sewel convention and other steps to take account of the interests of devolved areas, discussions around the place of Scotland in the EU, and some effects on structures in Northern Ireland.’

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Constitutional Law Association, 5th September 2016

Source: www.ukconstitutionallaw.org

Donald, Where’s Your Schedule 3 Condition to Share Information Aboot Your Troosers? – Panopticon

Posted August 25th, 2016 in appeals, data protection, human rights, news, Scotland, Supreme Court by sally

‘The insularity of English lawyers can often mean that limited attention is paid to legal developments north of the border. Scotland, like the past, is a legally foreign country and they do things differently there. However, we here at Panopticon are never afraid to join a rousing chorus of ‘500 Miles’ by The Proclaimers (you should see some of the blog’s team at the Christmas Party – carnage). Readers with elephantine memories and little to do by way of fun may recall my post on the Inner House’s judgment concerning the ‘Named Person Service’. At the end of term, the case reached the Supreme Court in The Christian Institute v Lord Advocate [2016] UKSC 51. Apologies in advance for the length of the post which follows…’

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Panopticon, 25th August 2016

Source: www.panopticonblog.com

New doubts over human rights law reform – Law Society’s Gazette

Posted August 12th, 2016 in bills, EC law, human rights, news, prisons, referendums, Scotland by sally

‘A draft British bill of rights prepared by the former justice secretary Michael Gove has been rejected by the prime minister, a newspaper reported this morning – prompting speculation that the long-promised reform could be abandoned.’

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Law Society’s Gazette, 10th August 2016

Source: www.lawgazette.co.uk