Blog
Interaction between Civil Law and Criminal Law
Something which will be increasingly familiar to lawyers appearing in Court in Scotland, is the overlap between Divorce or Contact cases with cases in the criminal courts.
With the introduction of the Domestic Abuse Scotland Act, matters which may have historically formed part of the pleadings in a divorce or contact case, now often appear as part of a libel in a separate criminal trial.
As someone who regularly appears in the civil and criminal courts; I have seen rape trials with multiple allegations which initially formed part of divorce proceedings. I have also dealt with Residence or Contact cases in which allegations of Domestic Violence or Sexual Assault in the pleadings mirror those on an indictment in the High Court.
New Trainee
I am delighted to share that I have now started my traineeship at Fleming and Reid Solicitors. 
My journey with the firm started three years ago when I joined as an intern. Being part of a busy high-street firm has provided me with invaluable hands-on experience and has offered me insight into many different areas of law. This time as an intern solidified my passion for law.
The transition from intern to trainee solicitor has been both exciting and challenging. I am grateful to work alongside supportive colleagues who have shared their expertise and provided invaluable guidance. I have already been fortunate to gain valuable experience, including instructing King’s Counsel in the High Court and attending prison visits alongside them.
I am looking forward to what lies ahead in my traineeship. Each day brings new learning experiences, and I am eager to continue developing my skills, taking on fresh challenges, and building on the solid foundation that began with my internship.
This journey has been both rewarding and inspiring, and I am excited to see what the future holds at Fleming and Reid Solicitors.
Child Welfare Reports
I was absolutely delighted, this year, to have been appointed by the Sheriff Principal in Glasgow as one of the new intake of Child Welfare Reporters.
This is a short blog intended to share my initial experiences and help explain what to expect if you are involved in the process.
Oftentimes, at the early stages of a residence or child contact action the Sheriff will call for a report to obtain the views of the child.
Generally speaking, the court tends only to ask for the views of school age children but I have seen views being called for in cases where children are as young as three or four.
The Child Welfare Reporter will receive instructions usually from the pursuer’s agents along with a form setting out who the court wants them to talk to and what questions they want an answer to.
It is worth parties and their agents reflecting on what is in their pleadings at an early stage. The more sparse the pleadings are the more difficult it is for the Child Welfare Reporter and ultimately the court to understand the background.
Public Opinion on the Death Penalty
The labour leader, Sir Keir Starmer, has come under fire recently following accusations of working for free to defend inmates on death row to escape execution.
The death penalty, which was abolished in the United Kingdom in the 1960s, is a controversial topic which gives rise to fierce debate. However, discussions about the cause of the abolishment of the death penalty in the United Kingdom are not as common.
There is an widespread view that the public changing their opinion over time led to the abolishment of the death penalty. However, polls at the time of the abolishment of the death penalty in the United Kingdom reveal that the British public wanted the death penalty to be retained.
Although results of polls have varied over the years, a recent YouGov poll has revealed that 62% of respondents believe the government were right to make an exception, and to allow two ISIS terrorists to be prosecuted somewhere they may receive the death penalty.
As high profile miscarriages of justice have shown over the years there is always a risk that new evidence can come to light in years to come which cast doubts on the guilt of an accused person.
I suspect there will remain a substantial block of the population who will continue to support the death penalty in the UK going forward. What impact this view will have on politics more widely remains to be seen.
2024 Internship Scheme
We are delighted to announce the commencement of the firm's 2024 internship programme.
The successful candidate will gain an in depth experience within a busy litigation practice.
The role is most likely to suit a student presently undertaking the Diploma in Legal Practice seeking an understanding of case management software, legal research, the preparation of complex cases and general administration within the office.
This will be a paid role, initially each Monday with the potential for the number of day to be extended. The position will not only offer a daily insight into a respected legal practice but also enhance further employment prospects.
Application is by email only to mjg@flemingandreid.co.uk including a covering letter and CV. Deadline for applications is Monday 15 January 2024.
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