Portfolio Question Time – in the Scottish Parliament at on 29 January 2025.
Craig Hoy
Conservative
To ask the Scottish Government what discussions it has had with the Crown Office and Procurator Fiscal Service regarding the setting of mandatory timescales for decisions relating to the charging and prosecution of criminal proceedings. (S6O-04259)
Angela Constance
Scottish National Party
Decisions relating to the charging and prosecution of criminal proceedings are independent operational decisions that are made by Police Scotland and the Crown Office and Procurator Fiscal Service within the legal framework. The Scottish Government has not had any discussions regarding the setting of mandatory timescales for those matters.
Craig Hoy
Conservative
Lord Carloway has become the latest senior figure to comment publicly on the length of time that one specific case is taking—namely, operation branchform, which relates to the Scottish National Party’s finances. This week, he said that “instant justice” would never be possible, but, in relation to the branchform probe, he added:
“I don’t know where the hold-up is, whether it’s with the police or the Crown Office or whatever.”
The Cabinet secretary will not comment on what the hold-up in a live police case might be, and I will not ask her to do so. However, does she share the concern of a growing number of people that, when it takes years to investigate high-profile cases, there is the increased risk of an internal or external factor undermining the investigation or jeopardising a successful prosecution? That includes the impact on the right to a fair trial in reasonable time under article 6 of the European convention on human rights. Would not the setting of mandatory targets for the time that it takes to bring charges or mount prosecutions address fears that justice delayed can become justice denied?
Angela Constance
Scottish National Party
I listened very carefully to Mr Hoy’s supplementary question. Despite his preface and some of his words, I fear that his question is just another attempt to lure me into commenting on live matters. He knows fine well that no Minister can comment on live matters.
On discussions regarding mandatory timescales in relation to charging and prosecution, I reiterate what I have said already: I have had no such discussions, and I have not given any current thought to the matter.
Question Time is an opportunity for MPs and Members of the House of Lords to ask Government Ministers questions. These questions are asked in the Chamber itself and are known as Oral Questions. Members may also put down Written Questions. In the House of Commons, Question Time takes place for an hour on Mondays, Tuesdays, Wednesdays and Thursdays after Prayers. The different Government Departments answer questions according to a rota and the questions asked must relate to the responsibilities of the Government Department concerned. In the House of Lords up to four questions may be asked of the Government at the beginning of each day's business. They are known as 'starred questions' because they are marked with a star on the Order Paper. Questions may also be asked at the end of each day's business and these may include a short debate. They are known as 'unstarred questions' and are less frequent. Questions in both Houses must be written down in advance and put on the agenda and both Houses have methods for selecting the questions that will be asked. Further information can be obtained from factsheet P1 at the UK Parliament site.
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