§ Dr. GodmanTo ask the Secretary of State for Scotland what guidelines have been recently issued by the Lord Advocate to procurators fiscal, sheriffs and judges concerning consenting homosexual relationships among males aged 16 years or more; and if he will make a statement.
§ Lord James Douglas-Hamilton[holding answer 4 February 1994]: My noble and learned Friend the Lord Advocate does not issue guidelines to sheriffs and judges. Since December 1991 procurators fiscal have been directed by the Lord Advocate to report to the Crown Office for Crown Counsel's consideration cases of consensual homosexual acts where both of the participants are over 16 years but one or both are under 18 years.
Where both the participants are over 18 years but one or both are under 21 years and there are circumstances pointing to exploitation, corruption or breach of trust, the direction to procurators fiscal is that prosecution would be appropriate and that such cases need not be reported to the Crown Office unless none of those circumstances is present but the procurator fiscal considers that there are other circumstances which would justify proceedings.