Advocates discuss issues surrounding private prosecutions

Following the news one of the families involved in the Glasgow bin lorry crash as well as two families in an earlier case are to launch private prosecutions, advocates have appeared on the BBC to discuss some of the issues related to private prosecutions.

Brian McConnachie QC told Scotland 2016 one of the concerns is what he called the “floodgates argument” which suggests that the courts could be inundated with requests for private prosecutions if these two succeed.

Thomas Ross, president of the Scottish Criminal Bar Association and legal academic Andrew Tickell also appeared on the show.

Mr Ross explained the Lord Advocate, Frank Mulholland QC’s failure to support a private prosecution in the Glasgow bin lorry case would not necessarily be fatal given as the family could petition the High Court to enable it to proceed.

Nevertheless, he said they would have an “uphill struggle” because of the Lord Advocate’s public declaration there is insufficient evidence to proceed.

Mr Ross said the chances of the High Court giving the go ahead are “almost impossible to assess” adding: “We’re really entering new ground so far as the tests which will be applied by the High Court are concerned”.

Mr Tickell raised the issue of oppression and the question whether ,given the media coverage of the crash, Mr Clarke would be prejudiced, saying: “I’m not entirely convinced Harry Clarke can get a fair trial in this country”.

Visit the iPlayer website to watch the video.