HC Deb 09 September 1941 vol 374 cc12-3
18. Lieut.-Commander Hutchison

asked the Lord Advocate whether he will ensure in future that, with a view to avoiding unnecessary expense by the conveyance of accused persons, escorts and witnesses to London, he will arrange for the trial in Edinburgh of all suspected enemy agents who may be apprehended in Scotland?

The Lord Advocate (Mr. J. S. C. Reid)

Two enemy agents recently entered Scotland and were apprehended there. The question whether these men should be tried in Edinburgh or London was discussed between the Scottish and English Law Officers and the Director of Public Prosecutions. These men, who were not resident in Scotland, had been brought to-London on arrest, and it was thereafter decided that their trial should be held in London. No additional expense was caused thereby. I cannot undertake that persons of this character who enter Scotland illegitimately will necessarily be tried in Scotland.

Lieut.-Commander Hutchison

Is not my right hon. and learned Friend aware that this matter has been the subject of a good deal of unfavourable comment in Edinburgh?

The Lord Advocate

I am aware that there has been comment. and I trust that my Answer will completely clear up any misconception.

Mr. Mathers

Does not this action take away from legal authority in Scotland? An offence committed in Scotland—apart altogether from the apprehension—should be triable in Scotland. These offences were committed in Scotland, and is this not giving away Scottish independence in respect of legal administration?

The Lord Advocate

Very different considerations would apply if the accused had been resident in Scotland. I think that other considerations apply when the accused is a person who invades Scotland from enemy territory.

Mr. Thorne

Can the right hon. and learned Gentleman state how the prisoners in question were brought to London?

The Lord Advocate

I assume by train.

Mr. Thorne

Not necessarily. May I ask whether the prisoners were handcuffed and brought to London with other passengers?

The Lord Advocate

I have no information on that point.

Mr. McGovern

They were brought from the occupied territory.