HC Deb 21 July 1997 vol 298 cc418-9W
Ms Roseanna Cunningham

To ask the Secretary of State for Scotland if he will make a statement on the Crown Office's policy on prosecution for consensual homosexual acts involving males between the ages of 16 and 18 years. [9219]

Mr. McLeish

My noble and learned Friend the Lord Advocate is responsible for the prosecution of crime in Scotland. He informs me that he considers that the public interest is not served by routinely prosecuting all persons who participate in private consensual homosexual acts, which are unlawful by reason of the fact that one or both are under 18 years.

The Lord Advocter had directed procurators fiscal to report to the Crown Office for Crown counsel's consideration cases of consensual homosexual acts in private where both the participants are over 16 years but one or both are under 18 years.

This is consistent with the approach taken by the Lord Advocate's predecessors in office since February 1994 when an identical direction was issued to procurators fiscal by the then Lord Advocate.