Written Answers
Scottish Criminal Trials: Reduced Pleas
asked Her Majesty's Government:What written or oral instructions are issued to Advocates Depute regarding the initiation and conduct of discussions with the defence in solemn criminal trials with a view to obtaining reduced pleas, i.e. pleas to lesser crimes than those indicted, and when were such instructions so issued or amended.
No formal instructions of this type have been issued to Advocates Depute. Instructions were, however given to Procurators Fiscal in May 1976 regarding the acceptance of reduced pleas prior to the start of a trial. In terms of these instructions, before accepting a reduced plea, the Procurator Fiscal Depute must, where possible, consult both the Depute who originally marked the case for prosecution and a senior colleague. In certain cases. Crown Counsel's agreement may be sought.In December 1979 I had an instruction issued to Procurators Fiscal encouraging early consultation between the defence and prosecution in an endeavour to accelerate pleas of guilty in whole or in part to avoid the inconvenience of late changes of plea and also to obtain Minutes of Admission in respect of matters not in dispute to release certain witnesses from having to attend Court to give evidence. These arrangements were publicised in legal periodicals at the time.Advocates Depute are aware of these instructions and apply the same criteria in the course of their duties. However, the system is designed to encourage early discussions between defence solicitors and procurators fiscal in solemn as well as summary cases.In January of this year I instructed Crown Counsel that no decision to drop proceedings altogether in any case of murder or rape should be taken before the hearing of evidence has begun, without the question being referred to me for decision. Where Advocates Depute are offered reduced pleas in such cases prior to the trial they refer the matter either to myself or the Solicitor-General whenever possible, giving their recommendation. In those instances where a reduced plea in a case of this type is offered at a late stage and neither of the Law Officers is available, the Advocate Depute must exercise his own professional judgment.
Scottish Criminal Trials: Crown Precognitions
asked Her Majesty's Government:What steps are currently taken by the Lord Advocate or by those answerable to him to make available to the defence in solemn criminal trials copies of Crown precognitions, and whether any changes are proposed in this regard.
The normal practice is that Crown precognitions are not made available to defence counsel or solicitors, although in special circumstances to enable certain trials to proceed expeditiously the Crown has departed from that rule. As a result of discussions with the Law Society of Scotland, it has been the practice, in the last two years, for Procurators Fiscal to give on request to defence solicitors statements of witnesses whose evidence is regarded as formal or technical.I hope to resume discussions on this matter with the Faculty of Advocates, the Law Society of Scotland and the Association of Chief Police Officers (Scotland) over the next few months.
Scotland: Murder Statistics
asked Her Majesty's Government:(
a) How many persons were indicted for murder in Scotland; ( b) how many of those persons were convicted of murder; ( c) in respect of how many of those persons indicted for murder did the Crown accept a reduced plea (i.e. a plea to a lesser crime than murder); and ( d) what were the reduced pleas so accepted, during the three periods (i) 1980, (ii) 1981, (iii) 1982to date.
The figures for the years requested are as follows:
| NUMBER OF PERSON | ||||
| year | Indicted for murder | Convicted of murder | Where Crown Accepted Reduced Plea of Culpable Homicide | Where Crown Accepted Reduced Plea of Assault |
| 1980 | 79 | 25 | 15 | 1 |
| 1981 | 82 | 29 | 20 | 1 |
| 1982 (to end of October) | 93 | 36 | 10 | 4 |
| Year | No. of persons Acquitted | No. of Persons Found Guilty of Culpable Homicide | No. of Persons Found Guilty of Assault | No. of Persons where Crown Accepted plea of Not Guilty | No. of committed |
| 1980 | 19 | 16 | 0 | 2 | 1 |
| 1981 | 10 | 16 | 3 | 1 | 2 |
| 1982 (to end of October) | 18 | 10 | 6 | 8 | 1 |
Housing: Capital And Expenditure
asked Her Majesty's Government:Whether they are now able to announce their decisions on public sector housing investment and housing subsidy for 1983–84.
Following discussions with the local authority associations in the Housing Consultative Council, my right honourable friend the Secretary of State for the Environment is now able to announce the outstanding decisions on housing capital and current expenditure in 1983–84.Taking capital expenditure first, my right honourable friend is glad to say that gross housing capital provision in 1983–84 will be increased to £3,244 million, which is £137 million above the 1982–83 provision he announced on 21st December 1981 and some £340 million above the expected level of expenditure this year. Housing capital receipts are forecast at £1,402 million, so the net provision is £1,842 million. The gross provision of £3,244 million will be divided as follows:
| Home loans scheme | £5 million |
| New Towns | £61 million |
| Housing Corporation | £690 million |
| Local authorities | £2,488 million |