§ Mr. Adamsasked the Solicitor-General for Scotland if he will make a statement on his policy towards the practice of plea bargaining in the Scottish courts.
§ The Solicitor-General for ScotlandThe practice of plea adjustment is set out in paragraph 21.02 of the second report of the Thomson committee which was set up to examine criminal procedure in Scotland. It reads
There is no statutory authority for plea adjustment but it is accepted as proper practice for either the accused's legal adviser or the prosecutor to approach the other and negotiate the acceptance of a partial plea. Normally such an approach comes from the defence but it is perfectly proper for the prosecutor to intimate to the defence that he would be willing to accept a plea of guilty to some of the charges in an indictment or complaint and drop the others or to accept a plea of guilty to less than the full extent or any particular charge. An offer of this sort, made by either the prosecutor or the defence, cannot be founded upon by the other if not accepted.I approve of this practice which is confined to discussion between the defence and the prosecutor. The judge is not involved and therefore there can be no discussion as to the sentence to be imposed. All that is agreed is the plea which the defence will offer and which the prosecutor will accept.If satisfactory pleas can be adjusted, valuable court time is freed to permit other cases to be heard. This creates speedier justice, which is, in my opinion a very desirable aim.