Written question asked by Tam Dalyell (Labour) on Wednesday, 2 December 1998, in the House of Commons. It was due for an answer on Wednesday, 16 December 1998. It was answered by Henry McLeish (Labour) on Wednesday, 16 December 1998 on behalf of the Scottish Office.

Scottish Office

Question: To ask the Secretary of State for Scotland, if he will make a statement on the suitability of procurators fiscal with qualifications as solicitor-advocate (a) to be advocate deputes and (b) to prosecute in the High Court.

Answer: Mr. Dalyell: To ask the Secretary of State for Scotland if he will make a statement on the suitability of procurators fiscal with qualifications as solicitor-advocate (a) to be advocate deputes and (b) to prosecute in the High Court. [62670] Mr. McLeish: My noble and learned Friend the Lord Advocate is responsible for the appointment of Advocate Deputes. My noble and learned Friend is satisfied about the competence of many Procurators Fiscal, including some with qualifications as Solicitor- Advocate, to undertake the work carried out by Advocate Deputes, including prosecuting in the High Court. However, he takes the view that it is necessary for the proper operation of the prosecution system in Scotland to maintain the traditional separation between the role of the Procurator Fiscal and that of Crown Counsel, to ensure independence of decision making and prosecution in respect of High Court cases. He is not, therefore, inclined to appoint Procurators Fiscal as Advocate Deputes.

Secondary information

Type: Written question
Reference: 62670; 322 c512W
Session: 1998-99
Subjects: Qualifications Prosecutions Scotland High Court Advocates depute Procurators fiscal