HC Deb 28 June 1938 vol 337 cc1680-1
12. Mr. Cassells

asked the Secretary of State for Scotland whether he is aware that the burgh prosecutor in Ayr burgh police court refuses in all cases under Section 12 of the Road Traffic Act, 1930, tried in that court, to furnish, on application by the accused person or his solicitor prior to the trial, the names and addresses of the witnesses for the prosecution; and whether he will take steps to make universal the practice followed by the instructions of the Lord Advocate in similar prosecutions in the sheriff courts in Scotland?

Mr. Colville

It is the practice of this prosecutor, unless satisfied that there are special circumstances to justify him in giving the names and addresses of witnesses for the prosecution, to refuse these particulars. I have already represented to him the desirability of altering his practice so as to bring it into line with the practice followed in Sheriff Court cases, and I am now in communication on the subject with the town council, from whom he holds his appointment.

Mr. Cassells

Is the Minister aware of the considerable degree of prejudice which in cases similar to those referred to, is suffered by the accused person, and will he at the same time keep in mind the undertaking given by the Lord Advocate to hon. Members in the Scottish Standing Committee when this important problem was discussed, that he personally would bring pressure to bear on the Crown Office and all prosecutors, burgh and otherwise, to deal with this particular matter?

Mr. Colville

The hon. Member will note the action that I have taken.