§ 34. Mr. Mathersasked the Lord Advocate whether he has considered the representations made to him by representative bodies regarding the widespread concern occasioned by the recent trials of cases in England which, it is contended, ought to be conducted in Scotland; and whether he has any statement to make?
§ The Lord Advocate (Mr. J. S. C. Reid)The answer to the first part of the Question is in the affirmative. With regard to enemy agents, I have nothing to add to my answer to a Question by the hon. and gallant Member for West Edinburgh (Lieut.-Commander Hutchison) on 9th September, of which I am sending the hon. Member a copy. With regard to other cases, prosecutions in respect of offences alleged to have been committed in Scotland will normally be conducted in Scotland.
§ Mr. MathersWhat policy exactly is guiding my right hon. and learned Friend? Are domicile and the place of commission of the offence not necessarily important factors in deciding where any trial shall take place? Is not to disregard either of these considerations giving away Scottish legal jurisdiction?
§ The Lord AdvocateWith regard to enemy agents, I would remind my hon. Friend that the Treachery Act, 1939, makes special provision that persons accused under that Act may be tried at any place in the United Kingdom, irrespective of where the offence was committed or where the person was apprehended. I must have regard to that statutory provision in anything I may have to decide in regard to enemy agents. In regard to other cases, I have given an undertaking which is qualified only by the word "normally." In war-time one cannot always foresee what may happen I do not want to give an undertaking which may tie the hands of myself or of my successors in circumstances quite unforeseen, but I can assure my hon. Friend that unless something unforeseen occurs Scottish offenders will be tried in Scotland, except in the case of certain enemy agents.