– Scottish Parliament written question – answered on 26th March 2007.

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Photo of Campbell Martin Campbell Martin Independent

Question S2W-32444

To ask the Scottish Executive whether an offence of "negligent misstatement" exists in Scots law.

Photo of Cathy Jamieson Cathy Jamieson Labour

There is no offence of "negligent misstatement" in Scots law. Whether the making of a false statement constitutes an offence, such as the common law offence of fraud, will depend on the facts and circumstances of a particular case.

The question of whether criminal proceedings are appropriate in any case is a matter for the Lord Advocate who cannot raise criminal proceedings unless there is sufficient reliable and credible evidence and it is in the public interest to prosecute.

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