§ 35. Mr. Bill Walkerasked the Solicitor-General for Scotland how many criminal prosecutions were awaiting trial in Scotland at the latest available date.
§ The Solicitor-General for ScotlandOn 22 April 1983 there were 21,592 criminal trials pending.
§ Mr. WalkerI thank my hon. and learned Friend for that reply. Does he agree, in the light of the reply that he gave to an earlier question, that there is deep concern about this matter, because if justice is to be seen to be done, it is in the interests of justice that people are brought to trial quickly, and that this is not helped by those who change their plea when they appear, having held up the court 230 proceedings and brought people, at great cost, to answer trial questions in trials that do not take place? What will be done about this?
§ The Solicitor-General for ScotlandThis is a matter of considerable concern, as it wastes not only the time of the court but of witnesses, jurors and the police. A recent survey has shown that, on the day of the trial, in between 30 per cent. and 50 per cent. of cases there is a change to a plea of guilty. That is a high proportion and it is causing considerable difficulties. I can only repeat the invitation that my noble and learned Friend the Lord Advocate has already given, to the effect that if those acting for the defence wish to discuss cases with procurator fiscals before the trial diet, they are welcome to do so.
§ Mr. MaxtonHow do the figures for the number of those awaiting trial compare with those for 1979? Does the hon. and learned Gentleman agree that the figures would probable show a rising wave of crime in Scotland, which shows in turn that, despite the extra police powers and the extra policemen, the Government's policy on law and order in Scotland has failed?
§ The Solicitor-General for ScotlandI do not accept that. As to the powers to which the hon. Gentleman referred, he claimed that, once introduced, they would lead to a massive breakdown in the relationship between the police and the public in Scotland. As he knows, particularly in relation to the power of search, that has not happened, and the power has proved to be a valuable instrument used by the police in the protection of the public.
§ Mr. HendersonIs my hon. and learned Friend aware that, as many police forces have now been brought up to strength, a person can be charged for a second offence similar to the first one before the first one has been brought to trial, and that where this arises the law can be brought into disrepute? Will my hon. and learned Friend take special action to ensure that in such cases the first case is brought to trial as a matter of urgency?
§ The Solicitor-General for ScotlandWhenever someone is brought before the court for an offence and charged and convicted, if there has been earlier offence of the same character it is in the interests of everyone that that is known to the court when passing sentence.