HC Deb 11 March 1981 vol 1000 cc880-1
32. Mr. Canavan

asked the Solicitor-General for Scotland what are the criteria used by the Crown Office in deciding whether or not to prosecute people involved in road accidents.

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

The decision whether to prosecute or not rests with the procurator fiscal. In exercising his discretion he will consider each case on its merits. His decision will be affected by the sufficiency of evidence and by the extent of damage or injuries. Only if a death occurs as a result of a road accident or if the case is one of particular difficulty will the matter be reported for the instructions of Crown Counsel.

Mr. Canavan

On the complaint forwarded from Mr. Douglas Donaldson of Thornhill, why did the Solicitor-General for Scotland state that no proceedings were taken against any of the drivers because none of them had any previous convictions, and only after Mr. Donaldson produced evidence that one of the drivers had 13 previous convictions did the Solicitor-General for Scotland state that even that knowledge would not have made any difference to the procurator fiscal's decision not to take any prosecutory action? In view of all the double talk from the Crown Office and the police about this case, will the Solicitor-General for Scotland give a public apology to his constituent and reopen inquiries into the case?

The Solicitor-General for Scotland

I am sure that the House will be glad to know that the hon. Member is so concerned about the complaints of constituents of other Members. Mr. Donaldson wrote and informed me that the hon. Member had telephoned him twice to see if he could help. No prosecution would have resulted in the case because there was insufficient evidence, and the information that was available at the time was that neither of the drivers involved had any previous convictions.

Mr. Canavan

That was not true.

The Solicitor-General for Scotland

In fact, that information was inaccurate. However, it does not alter the fact that the procurator fiscal, in the discharge of his discretion, would not have prosecuted, because there was insufficient evidence to do so.

Mr. Peter Fraser

In a case of causing death by dangerous driving where there is a related charge of driving under the influence of drink, will my hon. and learned Friend say whether any firm policy decision has come from the Crown Office to prosecute those cases in the sheriff court or the High Court? If there is a policy to prosecute only in the sheriff court, will he review it, because there have been some appalling crimes in Scotland? Such matters should be considered by the High Court.

The Solicitor-General for Scotland

I assure my hon. Friend that these matters are judged on the merits of each case and the seriousness of each accident, and the extent of intoxication is a contributory factor. As my hon. Friend will know, the penalties under the statute vary, and it is important that the case should be taken in the proper tribunal to reflect the seriousness of the conduct that is complained of.