§ Mr. Dalyellasked the Solicitor-General for Scotland what criteria procurators fiscal use, when suggesting lines of inquiry to the police, to determine the desirability of searches of particular premises belonging to individuals or organisations; and if he will make a statement.
§ The Solicitor-General for ScotlandThe procurator fiscal in Scotland is entitled to direct the police regarding the investigation of criminal offences. In cases where he gives such directions the lines of inquiry which are considered appropriate in individual cases will depend upon the facts and circumstances of those particular cases.
In general terms, the procurator fiscal will require to be satisfied, having regard to the nature and seriousness of the suspected offence and the necessity to secure evidence, that he is legally justified in applying to the sheriff for a search warrant. Among the factors to be considered will be whether the holder of evidence is prepared to hand it over without recourse to formal legal process.