HC Deb 15 March 1894 vol 22 cc333-4
SIR L. LYELL (Orkney and Shetland)

I beg to ask the Lord Advocate whether, seeing that the recent prosecution of Blackburn, commander of the trawler Ceylon, for trawling in inshore waters failed for a technicality, and that he was not tried for the offence itself, the Crown will institute proceedings again?

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

It is not quite correct to say that the prosecution failed for a technicality. I explained two days ago the reasons for which it was not further proceeded with, and looking to the lapse of time since the offence is alleged to have been committed, and to all that has taken place in the interval, it is not intended to institute a new prosecution in this particular case. As I previously stated, however, the law against illegal trawling is being, and will continue to be, strictly enforced.


When my right hon. Friend says he is not prepared to revive the proceedings, does he bear in mind the statement of the Sheriff I quoted the other day that this was a most flagrant case?


Any observation made by the Sheriff Substitute on that occasion must have been extra judicial, inasmuch as evidence had not been had in the case. As to whether it would or would not be possible to revive it I say nothing, because there are serious objections to reviving it under the circumstances.