§ Lord Mackay of Drumadoonasked Her Majesty's Government:
Whether they intend to refer to the Scottish Law Commission Recommendation 38 of the Stephen Lawrence Inquiry Report (Cm 4262-I), which raises the question of whether the law should be amended to permit the further prosecution of an accused after his acquittal, in circumstances where fresh and viable evidence has become available to the Crown. [HL1367]
§ The Minister of State, Scottish Office (Lord Macdonald of Tradeston)The Government have no plans to do so.
§ Lord Mackay of Drumadoonasked Her Majesty's Government:
Whether they consider there is any need to amend the law of Scotland to permit the prosecution in Scotland of offences involving racist language or behaviour and of offences involving the possession of offensive weapons, where such conduct can be proved to have taken place otherwise than in a public place; and, if so, whether they intend to refer to the Scottish Law Commission, Recommendation 39 of the Stephen Lawrence Inquiry Report (CM 4262-I). [HL1368]
§ Lord Macdonald of TradestonIn Scotland, the common law crime of breach of the peace may be committed otherwise than in a public place. Clearly there is a limit to the extent to which it is appropriate or practicable for the law to attempt to control the expression of views which takes place entirely in private, although if a substantive offence is committed any proven racist motivation would be regarded as an 57WA aggravation of that offence under Section 96 of the Crime and Disorder Act 1998. We have no present plans to change the law of Scotland but will consider the matter further in the light of the outcome of the current debates on the Report of the Lawrence Inquiry, which was addressed to the Home Secretary.
§ Lord Mackay of Drumadoonasked Her Majesty's Government:
Whether they consider there is any need to amend the law of Scotland to permit the prosecution in Scotland of offences involving racist language or behaviour and of offences involving the possession of offensive weapons, where such conduct can be proved to have taken place otherwise than in a public place; and, if so, whether they intend to refer to the Scottish Law Commission, Recommendation 39 of the Stephen Lawrence Inquiry Report (Cm 4262-I). [HL1368]
§ Lord Macdonald of TradestonIn Scotland, the common law crime of breach of the peace may be committed otherwise than in a public place. Clearly there is a limit to the extent to which it is appropriate or practicable for the law to attempt to control the expression of views which takes place entirely in private, although if a substantive offence is committed any proven racist motivation would be regarded as an aggravation of that offence under Section 96 of the Crime and Disorder Act 1998. We have no present plans to change the law of Scotland but will consider the matter further in the light of the outcome of the current debates on the Report of the Lawrence Inquiry, which was addressed to the Home Secretary.
§ Lord Mackay of Drumadoonasked Her Majesty's Government:
Whether they accept that Recommendation 57 of the Stephen Lawrence Inquiry Report (Cm 4262-I) should apply to police officers in Scotland; and, if so, what steps they intend to take to implement that recommendation in Scotland. [HL1369]
§ Lord Macdonald of TradestonThe implications for the Scottish police service of the recommendations in the Stephen Lawrence Inquiry Report are being considered in detail in consultation with the Association of Chief Police Officers in Scotland.