Written question asked by Tony Worthington (Labour) on Thursday, 4 February 1999, in the House of Commons. It was due for an answer on Wednesday, 10 February 1999. It was answered by Henry McLeish (Labour) on Wednesday, 10 February 1999 on behalf of the Scottish Office.

Scottish Office

Question: To ask the Secretary of State for Scotland, what change in the guidance about which cases should go to the Sheriff Court and which to the District Court has been issued in the last five years.

Answer: Mr. Worthington: To ask the Secretary of State for Scotland what change in the guidance about which cases should go to the Sheriff Court and which to the district court has been issued in the last five years. [70188] Mr. McLeish: My noble and learned Friend the Lord Advocate is responsible for the prosecution of crime in Scotland. Guidance to procurators fiscal has been issued following legislative provisions which have introduced variable and increased levels of fiscal fines; extended the jurisdiction and powers of the courts; and created new offences and penalties. Further guidance has been issued to procurators fiscal to ensure a consistent approach to the use of fiscal fines and to encourage them to make more extensive use of this alternative to prosecution in the district court. He informs me that the choice of court is determined by considerations of jurisdiction, the gravity of the offence, the offender's record and the likely penalty. The details of the guidance issued to procurators fiscal about prosecution policy are confidential. From 1 July 1999 this will be a matter for the Scottish Parliament.

Secondary information

Type: Written question
Reference: 70188; 325 c278W
Session: 1998-99
Subjects: Criminal proceedings Jurisdiction Fines Prosecutions Lord Advocate Scotland Scottish courts Procurators fiscal