HC Deb 11 June 1980 vol 986 cc551-2
34. Mr. Foulkes

asked the Solicitor-General for Scotland what changes there have been in the policy of prosecution over the past year.

The Solicitor-General for Scotland (Mr. Nicholas Fairbairn)

There has been no change in the actual policy of prosecution over the past year, but my right hon. and noble Friend the Lord Advocate and I have, in fulfilment of our pledge when we took office, appeared in the courts in cases which have been of great public interest. This has led to our appearing not only in the High Court in Edinburgh, but also when that court has been on circuit and in the sheriff court.

We have also spent a good deal of time visiting courts and fiscals' offices in Scotland with a view to ensuring that prosecutions proceed with the least possible delay in the interests of justice.

Mr. Foulkes

I welcome the personal interest taken by the Lord Advocate and the Solicitor-General for Scotland in prosecutions. Will the hon. and learned Gentleman explain what factors influence him in prosecutions under the obscene publications legislation to take proceedings on indictment rather than summarily, in view of the high cost involved in taking cases on indictment?

The Solicitor-General for Scotland

Any proceedings might be extremely expensive. All proceedings are taken according to the evidence presented and in consideration of public interest and human compassion.

Mr. Ancram

Is my hon. and learned Friend aware of the growing number of incidents involving vandalism and violence that are not prosecuted because of the difficulty of persuading witnesses to come forward and give evidence? Are the Government considering ways of bringing more such cases before the courts?

The Solicitor-General for Scotland

Yes. My right hon. and noble Friend and I are anxious to ensure that all witnesses coming to court do not waste their time and are not treated in any way that will cause them not to wish to be witnesses in future. We are anxious to improve in every way the public's experience of the law.

Mr. Dewar

Will the hon. and learned Gentleman examine the operation of section 14 of the Bail Act? Will he intervene in the present unfortunate situation in the Glasgow district court? Is he aware that that court convenes at the behest of the Glasgow district council, but that the fiscal services are refusing to supply anyone to man the court on a Saturday? Is he aware that, as a result, people who are arrested on a Friday have to remain in custody until Monday? Does he accept that under section 14 there is an option to hold a Saturday court? If the Glasgow district council decides to exercise that option, will the hon. and learned Gentleman ensure that the fiscals cooperate?

The Solicitor-General for Scotland

It is not for me to intervene. The fiscal service cannot man the court on Saturday. I hope that public funds will not be wasted by the court meeting and paying people for doing nothing.