HC Deb 15 December 1976 vol 922 cc1521-2
43. Mr. Buchanan

asked the Lord Advocate what is the average time taken in : (a) the stipendiary courts in Glasgow district, (b) the sheriff courts in Lanarkshire, and (c) the High Court in Glasgow to bring a prisoner to trial after he has been charged.

The Lord Advocate

The average time taken in all of these courts depends on whether the person is in custody. In the stipendiary courts in Glasgow the average time taken in custody cases is 21 days and in non-custody cases 19 weeks. In the sheriff courts in Lanarkshire there is another variable, namely, whether the proceedings are solemn or summary. In solemn proceedings the average time taken in custody cases is 88 days and in non-custody cases 28 weeks. The time taken in summary cases is 20 days and 22 weeks respectively. In the High Court in Glasgow the average time taken in custody cases is 88 days while in non-custody cases it is 20 weeks.

Mr. Buchanan

Is the Lord Advocate aware that, as the course of justice pursues its leisurely way, considerable strain is placed upon those people involved in such trials? Will he take action to speed up the course of justice?

The Lord Advocate

I do not accept the hon. Member's implied criticism. The times taken in the stipendiary courts and sheriff courts are closely comparable, and both are within the Thomson Committee recommendation that non-custody summary cases should be dealt with within 26 weeks and custody cases within 40 days.

Mr. Fairbairn

If it is correct that the average time taken in the High Court is 88 days, why is it that the Department has been unable to prosecute for 110 days, and thus miscarry justice?

The Lord Advocate

The hon. and learned Gentleman should be aware that the period he has quoted is well within the 110 days. He should be more careful about uttering his extravagant, headline-catching criticisms of the Crown. On at least two occasions recently the hon. and learned Gentleman has made allegations about the competency of the Crown Office, and he has called for my resignation. On the last occasion, he took me to task for the Crown's interpretation of the 110-day rule. That matter was due to be considered by the judiciary the following Friday. As the House may know, and the hon. and learned Gentleman should know, the High Court of Justiciary upheld the Crown's interpretation of that rule. The hon. and learned Gentleman might at least have the generosity to make an occasional public confession of his error.