§ 55. Sir Alex Fletcherasked the Solicitor-General for Scotland if he has anything to add to his previous statement to the House on 3 February, Official Report, column 852 and on 9 February, regarding the relationship between the procurators fiscal and the police in applying for a search warrant; and if he is satisfied with regard to the search of the British Broadcasting Corporation's premises in Glasgow on 31 January that the actions of the procurators fiscal were in accord with that relationship.
§ The Solicitor-General for ScotlandThe decision as to the operational desirability of the search warrant was for the police. It was in accordance with proper and accepted practice and procedure in Scotland for them to request the procurator fiscal to make an application to the sheriff. In deciding whether to present an application to the sheriff for the search warrant requested it was properly for the260W procurator fiscal to be satisfied as to the legal justification for the application and in this regard he considered the information to be sworn to by the police and the known attitude of the British Broadcasting Corporation to the requirement of due legal process. He sought to ensure the warrant was sufficient to meet its purposes and it did not go beyond what was required.