§ 86. Mr. Wylieasked the Secretary of State for Scotland, in what circumstances the Procurator Fiscal, Glasgow, applied for a warrant to arrest Gerald Donnelly, of Reading, and to arrange for his transfer in custody to Glasgow.
§ Mr. RossThe Lord Advocate informs me that Mr. Donnelly was charged with driving a motor car at a speed of 55 m.p.h. on a restricted road in Glasgow. The police were subsequently unable to trace him at the London address that he gave and the Procurator Fiscal's office applied for a warrant for his apprehension. This was granted by the Sheriff and was executed by the police.
There is a standing instruction by the Lord Advocate that only in the most abnormal cases should resort be made to apprehension and that before this step is taken every effort must be made to trace the accused person and to afford him an opportunity to answer the citation. The Lord Advocate regrets that in this case the instruction was not observed. On hearing of what had happened the Procurator Fiscal took immediate steps to remind all members of his staff of the necessity of adhering to the instruction.