Part of the debate – in the Scottish Parliament at 2:54 pm on 13 September 2007.
As I said in my statement, the decision about what takes place during the course of the trial must be with the prosecutor. There must be trust in the prosecutor to make decisions based on the way in which he or she perceives the evidence to have emerged in the case. The prosecutor has to make judgment calls, as do the judge and the jury. It is only in circumstances in which there is a right of appeal that the Crown will challenge that thereafter. Of course, as I said earlier, it is important that we all respect the decision of the judge.