HC Deb 12 May 1902 vol 107 c1339
MR. LOWE (Birmingham, Edgbaston)

To ask the Lord Advocate whether he will state, in explanation of the answer given by him to a Question addressed to him on the. 50th July last in reference to the bankruptcy of Samuel Wolfe, of Glasgow, whether it is in accordance with the general practice of the Crown to withdraw criminal proceedings already instituted with its authority; in what way had the evidence upon which the criminal proceedings against the bankrupt were ordered by the Procurator Fiscal altered between the time of the institution of such proceedings and the abandonment thereof by the direction of the Crown, so as to induce the Crown to order the withdrawal of the prosecution already instituted against the bankrupt with its authority; and, having regard to the wishes of a body of creditors who had no due notice of the withdrawal of the criminal proceedings, will the Crown order an inquiry, in order that these creditors may be heard, as to the circumstances leading to the withdrawal of the warrant.

(Answer.) It is in accordance with the practice of the Crown to abandon criminal proceedings if in the judgment of Crown Counsel the evidence is not sufficient to make a conviction probable. That, as already explained, was the reason of the abandonment of the proceedings in question. I am responsible for the determination of Crown Counsel, with which I agree; and there is no room for any inquiry in the matter.—(Scottish Office.)