§ Mr. DonohoeTo ask the Secretary of State for Scotland what criteria the procurators fiscal take into account when deciding what action to take in relation to the prosecution of HGV offences reported to them by the Vehicle Inspectorate; and if he will make it his policy to ensure the percentage of prosecutions of HGV offences reported to procurators fiscal by the Vehicle Inspectorate is comparable to the percentage of prosecutions in England and Wales. [6365]
§ Lord James Douglas-HamiltonMy noble and learned Friend the Lord Advocate is responsible for prosecution policy in Scotland. Procurators fiscal have a discretion as to whether to take proceedings against persons reported to them by the Vehicle Inspectorate. Procurators fiscal also have available to them a number of alternatives to prosecution. They have to decide whether it is in the public interest to initiative proceedings. In doing so, procurators fiscal will have regard to a number of factors including whether there is sufficient evidence, the seriousness of the offence and any road safety implications, the age of the offence and whether there are336W any mitigating circumstances. The Lord Advocate does not consider comparability with the level of prosecutions in England to be a relevant criterion for determining prosecution policy in Scotland. There are significant differences between Scotland and England both as regards the evidential requirements and the availability of alternatives to prosecution, such as conditional offers under section 302 of the Criminal Procedure (Scotland) Act 1995 which applies only to Scotland.