§ Mr. DarlingTo ask the Secretary of State for Scotland what is the policy of the Lord Advocate on the prosecution of men who engage in consensual sexual acts and who are aged between 16 and 18 years of age; and if he will make a statement.
§ Lord James Douglas-HamiltonAs was made clear in my answer of 8 February 1994,Official Report, column 180, to the hon. Member for Greenock and Port Glasgow (Dr. Godman), since December 1991 procurators fiscal have been directed by the Lord Advocate to report to 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. That remains the position. As with any case, Crown counsel will consider all the circumstances in deciding on the question of proceedings.