Legislation / Legal

ScotGov: A consultation (closes 21 November 2008) on police powers to retain DNA and fingerprint evidence has been published, alongside a report by forensic expert Professor Jim Fraser following his review of the existing regime.
 
The Scottish Government consultation includes proposals to:
* allow police to retain, at least for a limited period, forensic evidence taken from a suspect who is subsequently dealt with by a fiscal fine, compensation order or work order, rather than prosecuted through the courts
 
* extend existing provisions allowing the temporary retention of DNA data from individuals charged with but not subsequently convicted of violent or sexual offences to include fingerprint data
 
* improve the governance, accountability & transparency of the collection, storage & retention of forensic evidence in Scotland and set out in statute the purposes for which DNA & fingerprint data can lawfully be used
Press release ~ Consultation on the Acquisition and Retention of DNA and Fingerprint Data in Scotland (CRES 1058) ~ University of Strathclyde's Centre for Forensic Science ~ Forensic Science Society
 
OFT:  The Office of Fair Trading (OFT) has welcomed the move by the Dean of the Faculty of Advocates last week to withdraw its rule banning so called 'mixed doubles'.  The OFT had previously expressed concern to the Faculty that the rule, which said that Advocates and Solicitor Advocates (solicitors with higher rights of audience) should not appear in Court on behalf of the same client, could be anti-competitive and potentially in breach of the Competition Act 1998.
 
The withdrawal of the rule will allow clients to choose the professional legal services that best meet their needs, irrespective of whether they are provided by Advocates or Solicitor Advocates.
 
In Scotland, any Solicitor who wishes to acquire extended rights of audience must satisfy the Council of the Law Society of Scotland about both their professional conduct & reputation and their competency in the practice & procedure of the Supreme Courts.  In addition they are required to pass an examination.
Press release ~ Law Society of Scotland ~ Law Reform (Miscellaneous Provisions) Scotland Act 1990 ~ Faculty of Advocates
 
MoJ: An independent study shows that family courts are making great efforts with considerable success to secure child contact, following divorce or separation. Most contact arrangements are settled without going to court as the majority of parents agree these for their children between themselves.  But around 10% of parents who cannot agree seek a court order for contact.
 
The study found no evidence that courts are biased against non-resident parents as a group.  The courts start from the principle there should always be contact unless there are very good reasons why not.  In most cases the courts were successful in securing contact for the non-resident parent.  Court proceedings often start with no contact at all, yet most cases end up with face-to-face contact.
 
The Children and Adoption Act 2006, due to be implemented in the Autumn, amends the Children Act 1989 to give new powers to the courts to help parents overcome barriers to contact and will give the courts further flexible powers to enforce contact orders.
Press release ~ Outcomes of applications to court for contact orders after parental separation or divorce, plus Briefing Note ~ Children and Adoption Act 2006 ~ Oxford University Centre for Family Law and Policy ~ Parental Separation: Children’s Needs and Parents’ Responsibilities ~ Family Mediation website
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