§ 33. Mr. McGOVERNasked the Secretary of State for Scotland what were the reasons for dropping the prosecution of Colonel Frederick Watkins, Blair Atholl, Lenzie, who was arrested and charged with shoplifting from Marks and Spencers Stores on 22nd December, 1932?
§ The SOLICITOR-GENERAL for SCOTLAND (Mr. Normand)This officer was charged with shoplifting from the stores of F. W. Woolworth, Limited, Glasgow. The Lord Advocate ordered no further proceedings, in view of the accused's previous medical history, and a medical specialist's report as to his mental condition. The accused is now under treatment in a home.
§ Mr. McGOVERNMay I inquire if it is a fact that the Lord Advocate instructed the Edinburgh agent of this man to secure such a certificate, informing him that on the production of that he would order that no further steps should be taken in this case; and is this man now paymaster in the Regular Army in the Scottish command at Edinburgh?
§ The SOLICITOR-GENERAL for SCOTLANDWith regard to the first part of the supplementary question, I think the position is that the only connection that the Lord Advocate had with the doctor who gave the certificate was that this doctor is the usual doctor employed by the Crown in cases where the mental condition of accused persons is in question. I am unable to answer the second part of the question.
§ Mr. McGOVERNShould not the medical evidence for and against the medical condition of this man have been produced in the court for the court to decide whether he was mentally stable or not?
§ The SOLICITOR-GENERAL for SCOTLANDNo; the course which was taken in this case was perfectly normal. In minor cases of this kind it is within the discretion of the prosecutor to have the investigation made for himself and to take what action he thinks proper to him.
§ 34. Mr. McGOVERNasked the Secretary of State for Scotland the reasons 805 for the failure to proceed with the prosecution of Mrs. Mary McBeth or Semple, of 17, Calderwood Road, Newlands, Glasgow, who was charged with shoplifting from Marks and Spencers, Limited, on 8th December, 1932; whether he is aware that she had been charged on two previous occasions on 19th January, 1914, from Simpson and Sons Stores, of 1, Jamaica Street, Glasgow, and in November, 1924; and what the sentence was on each occasion?
§ The SOLICITOR-GENERAL for SCOTLANDIt is not the fact that the prosecution against the woman referred to did not proceed to trial. The case was in fact tried on 1st February, 1933, before the stipendiary magistrate, Glasgow, who, in view of medical evidence upon the accused's mental condition, found her not guilty. She had previously been charged with similar offences. In February, 1914, she was put on probation for six months, and in November, 1924, she was ordered to find caution for her good behaviour, which was done.
§ Mr. McGOVERNIs it not a fact that, arising out of the first case, medical certificates were produced on behalf of this woman, and that the stipendiary had a difficulty in not accepting what had previously been accepted by the Lord Advocate; was this woman charged in 1914 with stealing an article valued at £43, and did she plead on any of the two previous occasions that there was anything wrong with her mind, and did the police doctor certify her as being absolutely sane?
§ The SOLICITOR-GENERAL for SCOTLANDIn answer to the first part of the supplementary question, the stipendiary magistrate heard the evidence, and did not act upon any certificates. With regard to the second part, I am unable to say what was the value of the article the woman was accused of stealing in 1914. I do not know whether she pleaded insanity or mental weakness on either of the previous occasions.
§ Mr. HANNONIs it not a great pity that Parliamentary time should be wasted on questions of this kind?
§ Mr. MAXTONMay I ask the Solicitor-General for Scotland if we may advise our constituents that under the present 806 judicial regime in Scotland a medical certificate will always be taken as an adequate excuse for theft?
§ The SOLICITOR-GENERAL for SCOTLANDNo, Sir.
§ Mr. McGOVERNI beg to give notice that I will raise this matter on the Adjournment on the return of the Lord Advocate from his illness, as there is a feeling, even in police circles in Scotland, that the law was rigged in these cases.