§ 42. Mr. Foulkesasked the Solicitor-General for Scotland whether he will give advice to procurators fiscal on the criteria to be used in prosecutions for breach of the peace.
§ The Solicitor-General for ScotlandThe policy governing the initiation of prosecutions for breach of the peace is the same as for any other crime—to consider each reported case on its merits having regard to all relevant circumstances pertaining to it and to reach a sensible and humanitarian decision without fear or favour. Those matters are basic to the work of procurators fiscal, and my noble and learned Friend the Lord Advocate is satisfied that the policy is fully understood.
§ Mr. FoulkesDoes the Solicitor-General for Scotland agree that this catch-all alleged crime is so capable of misinterpretation that it is likely to be open to abuse? Will he reconsider his decision and discuss with his right hon. Friend the Secretary of State the possibility of giving some guidance to procurators fiscal, based on the experience of many years?
§ The Solicitor-General for ScotlandThe offence covers a wide variety of circumstances. Conduct in some circumstances may be acceptable, but wholly unacceptable at other times. I realise that the hon. Gentleman is worried about the matter, but in more than 90 per cent. of the cases brought before the sheriff courts and the district courts for breach of the peace the person prosecuted is found guilty.
§ Mr. CanavanAs one of the biggest threats to peace in Scotland is the Government's plan to locate the Trident nuclear weapon on Scottish soil, would it not be in the interests of law and order in Scotland if a summons for a breach of the peace were served on that warmongering woman at 10 Downing street?
§ The Solicitor-General for ScotlandI might have expected that the hon. Gentleman did not have a serious question.