§ 38. Mr. Wilsonasked the Solicitor-General for Scotland what guidance he has given to procurators fiscal on the use of hand-held radar devices used in road traffic speeding cases.
§ The Solicitor-General for ScotlandOn the instructions of my noble Friend the Lord Advocate, a circular was issued on 8 May 1980 to procurators fiscal advising them of the checks police officers should carry out when operating this type of equipment. No prosecutions for speeding offences will be initiated if these checks are not satisfactorily carried out.
§ Mr. WilsonIs the Solicitor-General for Scotland aware that about 20 cases of possible interference in the use of these devices have been identified by the BBC "Watchdog" programme? In those circumstances, does he not agree that the possibility of error is so great that the device should be withdrawn from use?
§ The Solicitor-General for ScotlandI am not certain about the 20 cases where there might be error but I know that, in accordance with the guidance given by my noble Friend the Lord Advocate, both before these devices are used and after there must be a check to ensure that they have been operating properly and without interference. If there has been interference prosecutions will not follow.