Lord Macauleyof Bragar asked Her Majesty's Government:
What proportion of current legal aid expenditure in Scotland is attributable to the expenses and fees involved in the precognition of witnesses in solemn procedure cases in the Sheriff Courts and High Court of Justiciary; whether they have any proposals to provide copies of Crown statements to the defence at the same time as the indictment is served upon the accused; and if not, why not.
§ Lord Sanderson of BowdenThe Scottish Legal Aid Board estimates that the precognition of witnesses in solemn procedure cases represents 40 to 50 per cent. of legal aid expenditure in such cases. In 1983 the Crown Office issued a consultative paper on the disclosure of Crown precognitions and police statements to the defence. Responses received from interested bodies, including the Judiciary, the Bar, the advocates criminal law group, the Law Society, procurators fiscal and the police showed overwhelming approval for the status quo. My right honourable and learned friend the then Lord Advocate therefore decided that no change should be made but stressed that as much pre-trial consultation as possible should take place between the defence and the prosecution in an effort to agree evidence. Discussion Paper No. 77 published by the Scottish Law Commission in September 1988 contained a number of suggestions regarding the greater use of written statements in court proceedings and pre-trial disclosures of such statements. Pending a report from the Scottish Law Commission my right honourable and learned friend the Lord Advocate does not propose a further review of present practices.