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Acting in the public interest | Appeals | Behavior in Court | Capital Punishment | Careers in Law | Changing your name | Changing your Solicitor | Children and Seatbelts | Children and the Law | Churning - the problems | Community Payback Orders | Compensating Victims of Crime | Computers | Corroboration | Death on the roads | Drink Driving | Driving and Penalty Points | Drugs and the Law | Duty Solicitor and Legal Aid | Evidence, changing solicitor and duty solicitor | Fiscal Fines and Direct Measures | Foreign visitors and Scottish Law | Giving Evidence Pt1 | Giving Evidence Pt2 | Giving Evidence Pt3 | GM Crops | Have you been charged with an offence | Helping your solicitor | How not to police | Human rights in police interviews | Identity Theft and Vehicle Cloning | Innocent in law and fact | Justify defending the guilty | Legal Aid Review | Marriage and the Law | Mini motor bikes and quads, Lights and Crushing vehicles | Mobile Phones and Witnesses | Motor Insurance | Motoring Myths | New procedures to help victims and witnesses | Our unique system | Poaching and Road Kill | Police questioning and Appeals | Police use of the Taser Gun | Policing the Police | Political correctness | Politicians | Procurator Fiscal - Powers | Scottish and English Law | Speed Guns | The curse of TV Law | The Law on cannabis | The Law on receiving goods and services without paying | Tinted Windows and Legal Deserts | Traffic law and offences | Undertakings and Police Bail | Vulnerable Witnesses (Scotland) Act 2004 | We all have rights | Whats in a name | Your rights | Your rights when dealing with the police |

Whats in a name

Last month, I wrote about how to change your name and the use of affidavits. One reader e-mailed to tell me about the problems she was having in reverting to her maiden name. She is in a different position because she is not changing her name but reclaiming one that she has always had. In Scots Law, when a woman chooses to adopt her husband’s name on marriage, and both marriage and taking the husband’s name thereafter are becoming less popular, she retains her maiden name and adds on her husband’s. Jane Doe marrying John Smith will then be known, if she chooses, as Mrs Smith. But in Scottish legal documents she will be referred to as Jane Doe or Smith. There is nothing in law to require her to be known as Mrs Smith and she can choose to continue to be known as Jane Doe. Or indeed both, as happens, for example, when she is already known in professional or business circles as Jane Doe and does not want to lose the reputation built up under that name. JK Rowling is still known as JK Rowling.

Returning to our divorced reader, she already has a valid, legal document showing her maiden name. It is her birth certificate. There should be no need for an affidavit to show she is to be called by the name already recorded in public registers.

But there is another aspect to one’s name, that is one’s "good" name or reputation. It is not uncommon for people to complain to me about what has appeared in the press. With the limited exceptions of not being able to identify a child involved in proceedings and not to report on the testimony of a rape victim, the press, and other organs of the media, are entitled to report upon what happened and was said in criminal proceedings in court. Indeed it is argued that such is a necessary element in a democracy to show to all who may be interested that there is nothing hidden or underhand in the proceedings. Freedom of the press is a cry of the oppressed. It is thus the other side of the same coin that permits certain restrictions to be placed on press reporting such as when the security of the State is directly affected. Generally the press have a right, if not a duty, to report. Accordingly requests that a case should be kept out of the papers as it will break Granny’s heart etc. tend to fall on deaf ears.

Freedom can be abused and the report has to be accurate and fair. If I say "my client pleads not guilty", in reporting that the press cannot print that I said he was guilty, even though I used those words. By missing out "not", the report is neither fair nor accurate. If it is inaccurate or unfair, they should correct it when challenged, or face the consequences of being referred to the Press Complaints Commission or being sued. The latter is only available to the rich.

My own view of "unfair" reporting is to remember the adage that today’s newspaper is tomorrow’s chip paper. By insisting in a correction being published, one simply reminds readers of the original story and draws it to the attention of those who missed it the first time.

However one does not need to have been in court to be the subject of inaccurate and hurtful reporting, an example of which are the stories about the staff working in the Dingwall Fiscal’s office typing Glasgow police interview tapes. It was said that they were having difficulties in carrying out their work because of difficulties in understanding the Glasgow patter. In short, it is not true. It may have been intended as light humour but it has caused them unnecessary distress. Those who have a public platform should reflect whether the throw away phrase or comment might have been better thrown away and not used. At a time when the Highlands are bleeding jobs, to imply that people here are unable to carry out their work is less than helpful. Unfortunately less publicity was given to the Lord Advocate’s comments when announcing the expansion of this service by taking on more staff to work from Tain. He made it abundantly clear that, far from there being problems, there is considerable delight in the quality and quantity of work being typed in Dingwall. What was originally to be a temporary situation to ease problems in Glasgow and elsewhere, has been converted into full time work in Dingwall to be expanded to Tain as a direct result of the skill and effort of the Dingwall staff.


Acting in the public interest | Appeals | Behavior in Court | Capital Punishment | Careers in Law | Changing your name | Changing your Solicitor | Children and Seatbelts | Children and the Law | Churning - the problems | Community Payback Orders | Compensating Victims of Crime | Computers | Corroboration | Death on the roads | Drink Driving | Driving and Penalty Points | Drugs and the Law | Duty Solicitor and Legal Aid | Evidence, changing solicitor and duty solicitor | Fiscal Fines and Direct Measures | Foreign visitors and Scottish Law | Giving Evidence Pt1 | Giving Evidence Pt2 | Giving Evidence Pt3 | GM Crops | Have you been charged with an offence | Helping your solicitor | How not to police | Human rights in police interviews | Identity Theft and Vehicle Cloning | Innocent in law and fact | Justify defending the guilty | Legal Aid Review | Marriage and the Law | Mini motor bikes and quads, Lights and Crushing vehicles | Mobile Phones and Witnesses | Motor Insurance | Motoring Myths | New procedures to help victims and witnesses | Our unique system | Poaching and Road Kill | Police questioning and Appeals | Police use of the Taser Gun | Policing the Police | Political correctness | Politicians | Procurator Fiscal - Powers | Scottish and English Law | Speed Guns | The curse of TV Law | The Law on cannabis | The Law on receiving goods and services without paying | Tinted Windows and Legal Deserts | Traffic law and offences | Undertakings and Police Bail | Vulnerable Witnesses (Scotland) Act 2004 | We all have rights | Whats in a name | Your rights | Your rights when dealing with the police |

Telephone Munlochy by Dingwall 01463 811800