Coulsfield reports civil justice as ripe for review Coulsfield reports ...

More documents

Recommendations

Info

satisfied that the adult witness is a vulnerable witness and in determining this, the court must consider: – the possible effect on the witness if they have to give evidence without using a special measure, and – whether it is likely that they would be better able to give evidence using a special measure. The court will also take into account a number of factors about the circumstances of the case and the personal and social circumstances of the witness.These factors are set out in the legislation and include: 1. Adult witnesses with mental health problems, learning disabilities or emotional or behavioural problems amounting to a personality disorder (see section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, www.opsi.gov. uk/legislation/scotland/acts2003/ 30013-an.htm#328; 2. The nature and circumstances of the alleged offence; 3. The nature of the evidence to be given (if likely to be particularly distressing); 4. The relationship between the accused and the witness; 5. The witness’s age and maturity; 6. Any behaviour towards the witness from the www.journalonline.co.uk accused, their family or associates, or from any other witness or accused person; 7. The witness’s religious beliefs, sexual orientation, ethnic, social and cultural background or political opinions; 8. The witness’s domestic and employment circumstances; 9. Any physical disability or impairment of the witness which could affect the giving of evidence; and 10. Any other relevant factor. Some or all of the above factors may indicate to the court that there is a significant risk that the quality (namely the completeness, coherence and accuracy) of a particular witness’s evidence may be affected and that the use of special measures may be appropriate. Some factors will have greater significance in certain types of cases than in others. These factors are not in themselves absolute indicators of vulnerability. A factor that may present a significant risk to the evidence of one person may have little or no effect on the evidence of another. In every case there must be a significant risk that the quality of the witness’s evidence will be diminished as the result of one or more of these factors. The guidance goes on to outline a number of indicators of vulnerability at all levels, which practitioners should be familiar with and take into account.The test for all practitioners is whether a witness’s vulnerability can be alleviated by support and assistance other than special measures or whether steps should be taken to secure the use of special measures, as provided for in the legislation. In February and March 2006, the Scottish Executive, alongside key partner organisations, will be running a series of roadshows throughout the country to raise awareness of the forthcoming implementation of phase 2 in relation to adult vulnerable witnesses. Practitioners interested in attending any of the roadshows can find details on the Update page in this issue (page 8). Further information The Scottish Executive Victims and Witnesses Unit website www.scotland.gov.uk/Topics/Justice/ criminal/17416/8451 provides a wide range of information about the progress of the vulnerable witnesses implementation, including practitioner guidance on the Act, the provision of special measures and booklets for child witnesses.The website also provides details on the wider aspects of what the Unit is doing to help meet the goal of putting victims and witnesses at the heart of the criminal justice system. The Journal: December 2005 : 19
LETTING LETTING in the LAW EMMA FURSMAN warns that the rapid growth in regulation of the letting industry means that landlords must tread increasingly carefully if they are to make a return on their investment 20 : The Journal: December 2005 I left the legal profession in 1997 to join the world of property management, a career leap akin to waking up one morning Freaky Fridaystyle to discover I was no longer an adult but was 16 again. Gone were the hallowed halls ringing with ethical borders, centuries-old traditions carved in stone and regulations venerated as the law of the land. Instead I had crossed into a nascent world where rules were rudimentary and regulations highly optional: if as a property agent you checked your landlord’s gas appliances once a year, you were ahead of the game. The duty of care landlords owed tenants was obvious and my company quickly established a code of conduct which included many precautionary measures to protect tenants, such as electrical portable appliance tests and safety checks, periodic electrical inspection reports, the installation of carbon monoxide and smoke detectors and soft furnishing checks. Eight years in, the industry is growing up. However, with growth comes responsibility and as landlords face an escalating amount of legislation that will transform the way the industry operates, many are asking, is bureaucracy overburdening landlords and threatening profits? Houses in multiple occupation The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 (as amended in 2002 and 2003) heralded the current wave of legislation and was greeted with all the enthusiasm of junk mail. There was angry chatter of huge conversion costs, for example the potential requirement for external fire escapes. In reality, the cost today of converting premises for HMO purposes is approximately £2,000, illustrating the industry’s adaptability to this legislative challenge.This is not an insignificant amount, but for those landlords willing to invest in HMO properties, there are rich rewards, even with the ongoing costs of annual inspections and licensing fees. As many landlords have shied away from this legislation-heavy zone, creating a deficit of accommodation, a glut of student tenants in Scotland’s cities, backed by parental guarantees, has kept demand high and pushed rents up. Antisocial behaviour Another piece of legislation set to further encumber landlords in the future with tough penalties if not observed, is the Antisocial Behaviour (Scotland) Act 2004, which will hand local authorities the power to regulate rental accommodation. Due to be implemented early next year, it will oblige all private landlords in Scotland to register with the appropriate local authority and specifies that it will be a criminal offence for an unregistered person to let out residential property. www.journalonline.co.uk
Page 1 and 2: THE ournal OF THE LAW SOCIETY OF SC
Page 3 and 4: editorial The Society’s call on t
Page 5 and 6: FORTHCOMING EVENTS (CPD Hours in Br
Page 7 and 8: letters Send your letters to The Ed
Page 9 and 10: CIVIL JUSTICE Last month the workin
Page 11 and 12: CIVIL JUSTICE The real access to ju
Page 13 and 14: CIVIL JUSTICE “The adversarial sy
Page 15: WITNESSES Minister: Continued effor
Page 19 and 20: PENSIONS As pensions “A-Day” ap
Page 21 and 22: PENSIONS In addition there are a se
Page 23 and 24: CHARITIES How the profession can he
Page 25 and 26: professional practice New deal for
Page 27 and 28: professional practice 1. PURPOSE OF
Page 29 and 30: professional practice 32 : SPECIMEN
Page 31 and 32: professional practice SECTION D MAN
Page 33 and 34: professional practice Solicitors ar
Page 35 and 36: professional practice These implica
Page 37 and 38: IN-COURT ADVICE ACCESS ROUTE Curren
Page 39 and 40: SOCIETY INBRIEF COST OF TIME SURVEY
Page 41 and 42: SOCIETY Stirling celebrates LLB lau
Page 43 and 44: SOCIETY The UK’s term at the helm
Page 45 and 46: people AITKEN NAIRN,WS, Edinburgh,
Page 47 and 48: professional briefing 50 : CRIMINAL
Page 49 and 50: professional briefing 52 : AGRICULT
Page 51 and 52: professional briefing FAMILY 54 : T
Page 53 and 54: professional briefing 56 : The Jour
Page 55 and 56: property lawyer UNVEILING THE ISLAM
Page 57 and 58: notifications 60 : The Journal: Dec

Coulsfield reports civil justice as ripe for review Coulsfield reports ...

Create successful ePaper yourself

Delete template?

Save as template?