§ Mr. Rifkindasked the Lord Advocate what is the Government's policy with regard to prosecutions for breaking the law in respect of homosexual activities between consenting adults in private in Scotland.
The Lord AdvocateThere is no collective responsibility on the Government to make any decisions relating to prosecutions in Scotland. As Lord Advocate I have responsibility for the public prosecution of crime in Scotland and it is my responsibility to decide whether to prosecute, in what court and on what charge. I have not changed the policy adopted by previous Lord Advocates not to prosecute cases of homosexual activities between consenting adults in private. That policy was formulated for reasons similar to those which prompted the Committee on Homosexual Offences and Prostitution, to make their recommendation relating to this matter. Before qualifying for such consideration, both parties must be over 265W 21, each must have clearly and freely consented, and the place must be private in the sense that the public have no right of access to it and that what is done there cannot be observed by the public.
§ Mr. Rifkindasked the Lord Advocate how many prosecutions there have been in Scotland in each of the last 10 years for homosexual activities between consenting adults in private.
The Lord AdvocateThere is no record of any prosecution in Scotland in any of the last 10 years for homosexual activities between consenting adults in private.