§ 39. Mr. Rifkind asked the Lord Advocate whether he is satisfied that when the Crown office is considering the bringing of serious criminal charges against members of the public full opportunity is given to a potential accused, subject to the rules of criminal procedure, to acquaint the prosecuting authorities with his or her explanation of the relevant circumstances.
§ The Lord AdvocateIn the normal case, where a crime has been committed, there is sufficient opportunity for persons who may be suspected of implication to give their version of events at an early stage of investigation. However, less opportunity may arise where it has not yet been established that a crime has been committed. In any event, it is the practice to charge an accused as soon as sufficient evidence against that person has been obtained. The accused can then give his or her explanation of the circumstances. A further opportunity arises when an accused person is brought before the court on petition when he or she has the right to emit a declaration.
§ Mr. RifkindIn the light of the correspondence that I have had with the Lord Advocate on behalf of a constituent, will he accept that there are members of the public who find themselves suspended from employment because of the possibility of grave charges being brought but have sometimes to wait three or four months before charges are brought and during that period have no indication of the nature of the complaints made against them?
§ The Lord AdvocateI understand that, and the hon. Member has written to me about it. I think that a distinction has to be drawn between criminal investigation, which is my responsibility, and the role of an employer to whom a complaint is 660 made about the conduct of an employee —a complaint relating to conduct which may or may not be criminal.
In the specific case to which the hon. Member referred, I understand that the employee, a nurse, had complaints made against her. The complaints were drawn to the attention of her employers who called her in to see one of their officers. The officer in question asked the lady to take a week's leave because of complaints against her in regard to her conduct in the course of her work. As I understand it, the lady did not inquire about the nature of the complaints. No doubt had she done so her employers might have considered giving her a general indication of the nature of the complaints. But, quite frankly, I do not see that the discretion of the employer in this matter can possibly be a matter for the criminal investigation authorities.