§ MR. BIGGAR (Cavan, W.)asked the Lord Advocate, Whether a criminal charge against a Police Inspector of Glasgow can be proceeded with at the instance of a private prosecutor, at his own cost and risk, without the concurrence of the Procurator for the public interest; and, whether such concurrence can be refused by Law?
§ THE LORD ADVOCATE (Mr. J. H. A. MACDONALD) (Edinburgh and St. Andrew's Universities)In Scotland it is competent for a private individual to prosecute at his own cost and risk, and that the person accused is a Police Inspector makes the case in no way different from an ordinary one; but the private party cannot do so without the concurrence of the Public Prosecutor. On the other hand, the Public Prosecutor cannot capriciously or oppressively refuse to give his concurrence. If the private party can show that the Public Prosecutor has refused to give his concurrence, either on improper grounds or from corrupt motives, the High Court of Justiciary will intervene to prevent the injustice.