§ 44. Mr. Dalyellasked the Solicitor-General for Scotland if he will review the criteria used to determine whether to bring a prosecution under the stated case procedure in cases where a successful prosecution will also threaten the career of the accused.
§ The Solicitor-General for Scotland (Mr. Peter Fraser)The hon. Gentleman's question refers to the stated case procedure. I can only assume he is referring to prosecutions under summary procedure. However, I can assure the hon. Gentleman that procurators fiscal consider all relevant factors, including the one referred to by him, but the most important factors determining which form of procedure should be used are the seriousness of the offence and the harm caused to the victim.
§ Mr. DalyellDo Law Officers share lay unease about the extent to which unrecorded court proceedings can lead to the ruin of individual careers?
§ The Solicitor-General For ScotlandConcern is expressed from time to time, whether summary procedures are used or the more solemn method. However, following the changes introduced in the Criminal Justice (Scotland) Act 1980 there are now greater opportunities to have the facts in the cases heard under the summary procedure put before the Appeal Courts. That is a useful and worthwhile alteration to the law.