§ Lord Melchett
asked Her Majesty's Government:
Why, in respect of the shooting of a barnacle goose on Islay on 25th October 1982, the procurator fiscal decided that no proceedings should be taken, and whether the procurator fiscal decided, as with an incident that occurred on 27th January 1983 on Islay, that no offence had been committed.
§ The Lord Advocate (Lord Mackay of Clashfern)
In deciding whether the facts as disclosed to the procurator fiscal justified the taking of proceedings under the Wildlife and Countryside Act 1981, the procurator fiscal had to decide whether an offence had been committed, whether there was sufficient evidence to prove the alleged offence against the accused and whether there was any excuse for the accused's conduct. The decision in respect of the incident of 25th October 1982 involved the exercise of a judgment by the procurator fiscal taking all the circumstances into consideration. It would not be appropriate to give the detailed grounds upon which the decision was taken. I have examined the circumstances of the case, and am satisfied that the procurator fiscal exercised his judgment in a proper manner.