Clause 22. — (Interpretation.)

Part of Salmon and Freshwater Fisheries (Protection) (Scotland) Bill – in the House of Commons at 12:00 am on 13 February 1951.

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Photo of Mr John Wheatley Mr John Wheatley , Edinburgh East 12:00, 13 February 1951

It shows that under existing circumstances, and having regard to the record and history of this matter, he felt that the right of prosecution should alone be confided in the Public Prosecutor. Whether we are dealing with fish or any other subject, as far as the law of Scotland is concerned I cannot be too emphatic in asserting my opinion that the right to prosecute should be the public duty vested in the Public Prosecutor. I see no justification for continuing the right of private prosecutions where it exists, or introducing it as a new principle where it does not exist, because the whole tendency has been to concentrate the right of prosecution in the Public Prosecutor and to waive the right of the private prosecutor.

A very interesting piece of history can be adduced in support of this tendency, because there are still some Acts in existence which give the right of private prosecution. Under the Sheriff Court and Legal Officers Act, 1927, power is given to the Lord Advocate in any case which can be taken in the sheriff court, either by a private prosecutor or by the Public Prosecutor, to order that the case will be taken only by the Public Prosecutor. Lord Cooper, when Lord Advocate in 1938, applied that rule in relation to the sheriff court in respect of certain statutes dealing with fishing and game. It indicates that even in the days prior to the war there was this tendency to restrict wherever possible the right of private prosecutors. I am rather surprised at the party opposite, which was the party responsible for these Measures in those days, now seeking to maintain in this very limited sphere the right of private prosecution by—and let us be quite frank about it, although I have no intention of saying anything that would reflect on the company—an interested body.