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To ask the Secretary of State for Scotland, what steps the Government has taken to ensure that the Judiciary and the Procurator Fiscal Service is equipped to deal with the implementation of the Human Rights Act 1998; what material has been produced to assist with this process; and if he...

Asked by

Robert Smith (Liberal Democrat)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Tabled on

3 June 1999

For answer on

17 June 1999

Answered on

17 June 1999

Sir Robert Smith: To ask the Secretary of State for Scotland what steps the Government have taken to ensure that the Judiciary and the Procurator Fiscal Service is equipped to deal with the implementation of the Human Rights Act 1998; what material has been produced to assist with this process; and if he will place copies of it in the Library. [86209] Dr. Reid: [holding answer 15 June 1999]: The Judicial Studies Committee established in 1997 under the Chairmanship of the right hon. Lord Ross has undertaken a comprehensive programme of training on human rights issues for all Judges, Sheriffs Principal, Sheriffs and Temporary Sheriffs. This includes the provision of specially commissioned briefing material, texts and reports produced by commercial publishers and a series of seminars held at various locations for all Judges and Sheriffs, with particular emphasis on the human rights issues arising immediately in Scotland as a result of the Scotland Act 1998. The normal programme of Court business has been adjusted to allow attendance at these events. Following the Government's recent announcement of the commencement date of the Human Rights Act 1998, the Judicial Studies Committee will shortly be embarking on the detailed planning necessary to ensure that appropriate further Judicial education is provided in good time before that date. The Lord Advocate is responsible for the Procurator Fiscal Service. His Department is now trained and equipped to deal with the implementation of the Human Rights Act 1998. Early last year his officials prepared a detailed action plan for his Department on implementation of Convention rights in Scotland. A full time Working Group of 4 senior lawyers was established in June 1998 and has conducted a comprehensive review of prosecution policy and practice in Scotland. The most extensive training exercise in the history of the Department commenced in February 1999 and was completed on 3 June 1999 with all lawyers in the Department receiving three days training on the European Convention on Human Rights, the Scotland Act and the Human Rights Act. Further practical workshops and training for support staff will take place during the summer of 1999 and the Human Rights Act will, in future, form part of the core training of all prosecutors in Scotland. This training was accompanied by detailed and extensive training material and guidance. The materials produced for the Procurator Fiscal Service contain prosecution policy and are confidential. Since 20 May 1999 prosecution in Scotland is a matter for the Scottish Parliament. The other matters will also be for that Parliament from 1 July 1999.

Legislation

Human Rights Act 1998

Date

17 June 1999

Reference

333 c214W; 86209

House

House of Commons

Scottish Office

To ask the Secretary of State for Scotland, if he will refer the correspondence between the Crown Office and the Procurator Fiscal in Dingwall of 6th November 1995 in respect of the Skye Bridge to the Privy Council; and if he will make a statement; when the letter of 6th...

Asked by

Charles Kennedy (Liberal Democrat)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

8 June 1999

Reference

332 c269W; 84337;84338

House

House of Commons

The Governments expenditure plans 1999/2000 to 2001/02. Serving Scotlands needs. Departmental report by the Scottish Office and the Forestry Commission.

Type

Command papers

Notes

Received 30.03.99; Stats 01.04.99

Date

30 March 1999

Reference

Cm 4215

House

House of Commons

Scottish Office

To ask the Secretary of State for Scotland, if he will state, in respect of the original advice given by the Crown Office to the Procurator Fiscal in Dingwall over proceeding with criminal prosecutions of those people refusing to pay the Skye Bridge tolls, on what date the Procurator Fiscal...

Asked by

Charles Kennedy (Liberal Democrat)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Tabled on

26 January 1999

For answer on

2 February 1999

Answered on

2 February 1999

Mr. Charles Kennedy: To ask the Secretary of State for Scotland if he will state, in respect of the original advice given by the Crown Office to the Procurator Fiscal in Dingwall over proceeding with criminal prosecutions of those people refusing to pay the Skye Bridge tolls, on what date the Procurator Fiscal requested the advice; on what date the advice was tendered; by what means; who signed the communication; and if he will make a statement. [68339] Mr. McLeish: [holding answer 1 February 1999]: I am informed by my noble and learned Friend the Lord Advocate that the Procurator Fiscal at Dingwell first wrote to the Crown Office on 17 and 26 October 1995 in connection with possible criminal proceedings against persons refusing to pay tolls on the Skye Bridge. The Deputy Crown Agent replied on 6 November conveying the Lord Advocate's instructions that the Procurator Fiscal should carry out further work before seeking instructions from Crown Counsel on whether to take proceedings. Thereafter there was further correspondence between the Procurator Fiscal and the Crown Office which culminated in the Deputy Crown Agent writing to the Procurator Fiscal on 5 January 1996 conveying the instructions of the then Lord Advocate about proceedings. The hon. Gentlemen will recall that in a written answer of 16 January 1996, Official Report, column 546, he was advised that the Procurator Fiscal had been instructed by the Lord Advocate to institute criminal proceedings in respect of all instances where this was a sufficiency of evidence and the charges were then in course of preparation. From 1 July 1999 this will be a matter for the Scottish Parliament.

Date

2 February 1999

Reference

68339; 324 c589W

House

House of Commons

Scottish Office

To ask the Secretary of State for Scotland, what was the case-related expenditure in each regional area of the Procurators Fiscal Service in (a) the financial year immediately prior to the implementation of the Criminal Procedure (Scotland) Act 1995 and (b) each complete financial year since its implementation in respect...

Asked by

Lord Wallace of Tankerness (Liberal Democrat)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Tabled on

3 June 1998

For answer on

9 June 1998

Answered on

9 June 1998

Mr. Wallace: To ask the Secretary of State for Scotland what was the case-related expenditure in each regional area of the Procurator Fiscal Service in (a) the financial year immediately prior to the implementation of the Criminal Procedure (Scotland) Act 1995 and (b) each complete financial year since its implementation in respect of (i) solemn proceedings in the High Court, (ii) solemn proceedings in the Sheriff Court and (iii) summary proceedings. [44815] Mr. McLeish: The Crown Office and Procurator Fiscal service is an independent Government Department under the direction of my noble and learned friend the Lord Advocate. The case-related expenditure in each region prior to the implementation of the Criminal Procedure (Scotland) Act 1995 and then subsequent to the Act was: £000 _________________________________________________________________________________________________. Prior Subsequent 1995-96 1996-97 1997-98 Grampian 746 754 711 Tayside 1,476 1,705 1,517 Lothian 1,113 1,115 1,282 Glasgow 1,682 1,391 1,174 North Strathclyde 973 849 802 South Strathclyde 1,104 1,124 949 _________________________________________________________________________________________________. The specific information requested on solemn and summary proceedings is not readily available and could be provided only at disproportionate cost. Further details of operations and costs are contained in the Department's Annual Report, a copy of which is in the House Library.

Date

9 June 1998

Reference

313 c501-2W; 44815

House

House of Commons

Scottish Office

To ask the Secretary of State for Scotland, if he will list the procurator fiscal posts in respect of which decisions have been taken not to replace an existing fiscal since 1st May 1997; and if he will state the reason for this decision in each case. - Inc fig.

Asked by

Lord Wallace of Tankerness (Liberal Democrat)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

9 June 1998

Reference

44818; 313 c499-500W

House

House of Commons

Scottish Office

To ask the Secretary of State for Scotland, if he will list the total number of working days and cost thereof in (a) 1996-97 and (b) 1997-98 in respect of which ad hoc deputies were engaged by the Procurator Fiscal Service in each regional area of the service. - Inc...

Asked by

Lord Wallace of Tankerness (Liberal Democrat)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Tabled on

3 June 1998

For answer on

9 June 1998

Answered on

9 June 1998

Mr. Wallace: To ask the Secretary of State for Scotland if he will list the total number of working days and cost thereof in (a) 1996-97 and (b) 1997-98 in respect of which ad hoc deputies were engaged by the Procurator Fiscal Service in each regional area of the service. [44812] Mr. McLeish: The Crown Office and Procurator Fiscal service is an independent Government Department under the direction of my noble and learned Friend the Lord Advocate. The total number of working days and cost of ad hoc Procurator Fiscal deputies by region for 1996-97 and 1997-98 were: _________________________________________________________________________________________________. 1996-97 1997-98 Days Cost (£) Days Cost (£) Grampian 242 31,509 81 10,575 Tayside 890 115,678 113 14,681 Lothian 67 8,752 164 21,337 Glasgow 556 72,359 605 78,727 N. Strathclyde 291 37,887 194 25,272 S. Strathclyde 121 15,755 52 6,836 _________________________________________________________________________________________________. The number of days are approximate and have been derived by dividing the known total cost by an average daily cost.

Date

9 June 1998

Reference

313 c500-1W; 44812

House

House of Commons

Scottish Office

To ask the Secretary of State for Scotland, what expenditure was incurred in 1997-98 in respect of the operational running costs of the Procurator Fiscal Service. - Fig given.

Asked by

Lord Wallace of Tankerness (Liberal Democrat)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

9 June 1998

Reference

313 c501W; 44814

House

House of Commons

Scottish Office

To ask the Secretary of State for Scotland, how many legally-qualified members of staff were employed in each regional area of the Procurator Fiscal Service on 31st March in (a) 1996, (b) 1997 and (c) 1998; and what was the agreed complement of such staff for each area on these...

Asked by

Lord Wallace of Tankerness (Liberal Democrat)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Tabled on

3 June 1998

For answer on

9 June 1998

Answered on

9 June 1998

Mr. Wallace: To ask the Secretary of State for Scotland how many legally-qualified members of staff were employed in each regional area of the Procurator Fiscal Service on 31 March in (a) 1996, (b) 1997 and (c) 1998; and what was the agreed complement of such staff for each area on these dates. [44811] Mr. McLeish: The Crown Office and Procurator Fiscal Service is an independent Government Department under the direction of my noble and learned friend the Lord Advocate. The numbers of legally qualified staff employed in each regional area of the Procurator Fiscal Service are as follows: _________________________________________________________________________________________________. Region Date Legal staff employed Grampian, Highland Island 31 March 1996 30 31 March 1997 32 31 March 1998 30 Tayside, Central and Fife 31 March 1996 39.3 31 March 1997 46.1 31 March 1998 44.5 Lothian and Borders 31 March 1996 38.5 31 March 1997 36.9 31 March 1998 40.7 Glasgow 31 March 1996 62.7 31 March 1997 66.5 31 March 1998 63.9 North Strathclyde 31 March 1996 34.4 31 March 1997 37 31 March 1998 36.5 South Strathclyde 31 March 1996 39.2 31 March 1997 41.9 31 March 1998 42.7 _________________________________________________________________________________________________. There is no fixed complement staff.

Date

9 June 1998

Reference

44811; 313 c501W

House

House of Commons

Scottish Office

How many cases which have been dealt with by way of fixed penalty by procurators fiscal in Scotland in each of the past five years have also resulted in awards being made by the Criminal Injuries Compensation Board. - Info not available.

Asked by

Brian Wilson (Labour)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

6 June 1996

Reference

31069; 278 c535W

House

House of Commons

Scottish Office

How many charges of breach of the peace have been dealt with by way of fixed penalty by the Procurator Fiscal at Kilmarnock in the past 12 months; and how many of these have involved criminal injuries. - Inc fig for number of fixed penalty notices in respect of charges...

Asked by

Brian Wilson (Labour)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

4 June 1996

Reference

31068; 278 c406W

House

House of Commons

Scottish Office

Answered by

Lord Selkirk of Douglas (Conservative)

Answering body

Scottish Office

Type

Oral answers to questions

Date

1 May 1996

Reference

276 c1134

House

House of Commons

Scottish Office

Supplementary on the procurator fiscal and courts granting bail.

Asked by

Ian Davidson (Labour; Co-operative Party)

Answering body

Scottish Office

Oral questions - 1st Supplementary

Status

Answered

Date

1 May 1996

Reference

276 c1134

House

House of Commons

Scottish Office

On how many occasions disciplinary action was taken against employees of the Procurator Fiscal Service as a result of complaints from members of the public in each of the last five years.

Asked by

Lord McAvoy (Labour)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

25 March 1996

Reference

21217; 274 c419W

House

House of Commons

Scottish Office

How many complaints about the operation of the Glasgow Procurator Fiscal office he has received from members of the public in each of the last five years and how many complaints against the operation of procurator fiscal offices in Scotland he received in each of the past five years.

Asked by

Lord McAvoy (Labour)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

25 March 1996

Reference

274 c419W; 21216;21214

House

House of Commons

Scottish Office

If he will comment on the work of the Procurator Fiscal Service in respect of ongoing staff training and development.

Asked by

Lord McAvoy (Labour)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

25 March 1996

Reference

21218; 274 c419-20W

House

House of Commons

Scottish Office

If he will comment on the procedure for processing complaints from members of the public about procurators fiscal offices.

Asked by

Lord McAvoy (Labour)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

25 March 1996

Reference

21215; 274 c418-9W

House

House of Commons

Scottish Office

How many staff there are in the Confiscation Unit of the Scottish Prosecution Service. - There is no dedicated confiscation unit in the Scottish Prosecution Service; such proceedings are dealt with as part of the duties of the fraud and specialist services unit at Crown Office.

Asked by

Gerry Steinberg (Labour)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

29 February 1996

Reference

17144; 272 c713W;272 c693W

House

House of Commons

Scottish Grand Committee statement on the operation of the criminal justice system in Scotland

Scottish Grand Committee statement on the operation of the criminal justice system in Scotland. (Committee sitting in Inverness).

Lead member

Lord Mackay of Drumadoon

Department

Scotland Office

Type

Ministerial statements

Committee

Scottish Grand Committee

Date

5 February 1996

Reference

SGC c1-12

House

House of Commons

Scottish Office

What in the current establishment of (a) the Crown Office and (b) the Procurator Fiscal Service; and how many vacancies there are in each.

Asked by

Lord Campbell of Pittenweem (Liberal Democrat)

Answering body

Scottish Office

Type

Written questions

Status

Answered

Date

30 January 1996

Reference

12129; 270 c730-1W

House

House of Commons

Librarians' tools

Type

House

Session

Year

Department

Member

Primary member

Answering member

Legislative stage

Legislation

Subject

Publisher