HC Deb 23 February 1893 vol 9 cc169-70
DR. MACGREGOR (Inverness-shire)

I beg to ask the Lord Advocate if he will endeavour to have the law so amended as to disallow salaried Procurators Fiscal to charge expenses for prosecutions at their instance in the Sheriff Courts and other Inferior Courts in Scotland?

THE LORD ADVOCATE (Mr. J. B. BALFOUR,) Clackmannan, &c.

It is the practice of the Government to re- quire that a condition should be inserted in the Commissions granted in favour of Procurators Fiscal, providing that they shall not engage in private practice, and Procurators Fiscal holding office under such Commissions would not be entitled to act as agents in, or to charge fees for, proceedings instituted by private parties in the Local Courts. Where, however, no restriction against private practice exists in the Commission of a Procurator Fiscal, he cannot be prevented from acting as agent for individual clients, provided always that he does nothing in conflict with his public duty. The question is one proper to be dealt with, as it now is, rather by administration than by alteration of the law.