§ 38. Mr. McKinlayasked the Lord Advocate whether he will discourage the growing practice of bringing accused people before court on petition so that the Press and the public are denied information which it is in the public interest they should have?
§ The Lord Advocate (Mr. J. S. C. Reid)Before any person can be prosecuted on indictment he must appear before the court on petition. Proceedings on petition must be in private and this has always been the rule. It would not in my view be in the public interest that such proceedings should be in public.
§ Mr. McKinlayIs my right hon. and learned Friend aware of the growing feeling, particularly in the West of Scotland, that cases are taken on petition because of the size of the bank balances of the accused?
§ The Lord AdvocateCases are taken on petition if it is thought likely that an indictment would be served and the accused would be tried by a jury; in other words, if the evidence is thought to be sufficiently serious. It is only the less serious offences which are taken summarily by complaint.
§ Mr. McKinlayUnder this procedure are not the middle or working-class people arrested, brought before a magistrate and liberated on bail, so that everybody knows all about it, whereas if people have sufficient influence in high places the prosecutor can take the case on petition and nobody knows anything about it?
§ The Lord AdvocateIt is a surprise to me that anybody would prefer to be prosecuted on indictment rather than be proceeded against summarily.