HC Deb 25 March 1907 vol 171 cc1517-8
MR. BELL (Derby)

I beg to ask the Lord Advocate if he is aware that G. Gourlay, driver of the ill-fated train at Arbroath on 28th December last, was arrested and criminally charged before the public inquiry was held; whether he is aware that such procedure is not practised in other parts of the United Kingdom; and whether, with a view to removing possible injustice in future, he will arrange that men shall not, under such circumstances, be arrested and charged before public inquiries are held.

THE LORD ADVOCATE (Mr. Thomas Shaw,) Hawick Burghs

The first two paragraphs correctly represent the facts. I am obliged to my hon. friend for calling my attention to this matter; and I have issued an instruction to the Procurators Fiscal in Scotland that if there be circumstances pointing to special urgency of arrest they are to report them to my Department for definite instructions and act accordingly, but that in all ordinary cases arrest is not to precede the verdict in the fatal accident's inquiry.

MR. C. E. PRICE (Edinburgh, Central)

Seeing that this man was under arrest so long before his trial, cannot the hon. Gentleman see his way now to remit part of the sentence?


That is not in my Department. I understand that all the facts are before the Secretary for Scotland at this moment.