HC Deb 14 June 1976 vol 913 cc41-2W
Mr. Teddy Taylor

asked the Lord Advocate how many persons have been charged and are awaiting trial at present for contravening the Explosive Substances Act 1883; and if he will make a statement.

The Lord Advocate

24 persons have been reported to the Crown Office by procurators fiscal, charged with contraventions of this Act. In two cases no further proceedings were instruced by Crown counsel, and one person was brought before the sheriff court summarily on a much reduced charge. 15 persons have been indicted in the High Court and in four cases Crown counsel have instructed sheriff and jury proceedings. Of the remaining two cases, one was dealt with by a plea of guilty in terms of Section 102 of the Criminal Procedure (Scotland) Act 1975 and one case is still outstanding.

In addition one case has been reported to the Crown Office within the last few days and is presently being studied by Crown counsel.

Mr. Teddy Taylor

asked the Lord Advocate how long it takes on average for a person charged with offences under the Explosive Substances Act 1883 to be brought to trial.

The Lord Advocate

No distinction is made between persons charged with contraventions of the Explosive Substances Act 1883 and those charged with other offences. Statistics are not kept by Crown Office in relation to the average length of time taken to dispose of indictable offences. Where an accused is detained in custody after refusal of bail an interval no longer than 110 days can elapse between his committal to prison for trial and the final determination of the trial.

Mr. Teddy Taylor

asked the Lord Advocate if it is the practice of the courts to grant bail to persons charged with offences under the Explosive Substances Act 1883; and if he will make a statement.

The Lord Advocate

Whether or not bail is granted to persons charged with offences under the Explosive Substances Act 1883 is a matter for the court. There is no general rule, and each case is decided by the court on its own merits, one of the factors being the gravity of the case. In practice bail is frequently refused in cases of this nature.