§ 37. Mr. George Robertsonasked the Solicitor-General for Scotland, in the last two available years, how many reports from the police, concerning those for 1048 which prosecutions were possible, were subject to no action by procurators fiscal.
§ The Solicitor-General for ScotlandThe total number of reports by the police to procurators fiscal of crimes or offences in respect of which no proceedings are taken is not recorded. The total number of all reports submitted to procurators fiscal from all agencies is recorded, as is the total number of these reports in respect of which no proceedings are taken. These figures for 1977 and 1978 were given to the hon. Member for Hamilton (Mr. Robertson) on 26 March 1979. Procurators fiscal receive reports from the police on matters in respect of which the question of criminal proceedings never arises.
§ Mr. RobertsonIn the absence of these statistics, does the Solicitor-General recognise that there can be some public concern that reports by the police, given in good faith, are perhaps due to inexplicable decisions by procurators fiscal to take no action, and that in certain areas of public concern that might be something which his Department could look into?
§ The Solicitor-General for ScotlandThe discretion of procurators fiscal to mark cases to have no proceedings is an important part of the protection of the citizen in Scotland. It may be due to insufficient evidence or to triviality or malice on the part of the complainer. It is very important that, at that point of sifting, the procurators fiscal, with the assistance of the Crown Office, should have the right to exercise their professional judgment.
§ Mr. Robert HughesSince the Solicitor-General has paid a high tribute to procurators fiscal, will he tell the House why he has now decided that prosecutions under the Health and Safety at Work, etc. Act will now be made only by the Crown Office.
§ The Solicitor-General for ScotlandI did not say that I had decided that prosecutions under the Act would be made under the Crown Office. What I did say was that all such matters will, I trust, be reported to the Crown Office so that Crown counsel can take a decision on whether the prosecution should proceed.