§ If any persons gives or causes to be given to any person who is or is about to be engaged in doing any act which constitutes an offence against this Act any signal or other warning of the approach of a constable or a water bailiff, he shall be guilty of an offence against this Act.—[Lord Dunglass.]
§ Brought up, and read the First time.
§ Lord DunglassI beg to move, "That the Clause be read a Second time."
It is well known to us all that poaching gangs usually make use of an individual who is a collaborator and who gives warning of the approach of the bailiffs or police. He does not fulfil a very heroic rôle and he often gets off without any penalty or fine. This new Clause is brought forward in the hope that the Bill will be made to cover that type of person.
§ The Lord AdvocateI am in full sympathy with the purpose behind this Amendment. It is quite unnecessary, however, because if a person is actively giving assistance to the commission of an offence, he is art and part in the commission of that offence and provision is made in Section 31 of the Criminal Justice (Scotland) Act, 1949, making it beyond doubt that being art and part of the commission of a statutory offence is an offence in itself. Accordingly the person actively engaged in giving warning to people committing an offence would be equally guilty of that offence, just as the person who keeps watch outside the bank for those who go in to rob it is art and part in the commission of that offence. Accordingly the new Clause is quite unnecessary.
§ Lord DunglassI thank the Lord Advocate for that information which is satisfactory to us. Therefore I beg to ask leave to withdraw the Motion.
Motion and Clause, by leave, withdrawn.