25 February 2005
STRICTLY EMBARGOED UNTIL 0001 FRIDAY 25 FEBRUARY
Lord Advocate Allows Test Purchasing of Age Restricted Goods
The Lord Advocate, Colin Boyd QC, today revised prosecution policy to allow test purchasing of age-restricted goods by children and young people under the age of 18, in circumstances where the purchaser is not committing a separate offence. This allows for test purchasing of tobacco, fireworks and other age restricted goods, but does not allow for the test purchasing of alcohol.
Colin Boyd said:
"I have considered the evaluation report of the tobacco test purchasing pilot, and have concluded that the test purchasing arrangements are sufficiently safe, effective and fair to allow the revised prosecution policy devised for the purposes of the pilot to be extended to allow test purchasing to be rolled out nationally. The safety of the children involved in the scheme will continue to be of paramount importance, as will ensuring that the test purchasing arrangements and protocols are closely adhered to.
"It is vital that young people are protected from those who are willing to break the law for profit, by selling age restricted goods to children and young people. Goods such as tobacco and fireworks are sold subject to age restrictions for good, common sense reasons, which most people in our communities fully appreciate. However there are those who are willing to turn a blind eye, and endanger vulnerable children and young people by selling them these products. Test purchasing is an effective means of enforcing the law in this area.
"I have asked my officials in the Crown Office and Procurator Fiscal Service to carefully examine the issues around test purchasing of alcohol by young people, and have maintained my position on this meantime."
Welcoming this move, Health Minister Andy Kerr said:
"I see this as a vital part of the action we're taking to improve the health of the nation through reducing the number of young people who are taking up smoking.
"Nicotine is very addictive and evidence shows that the vast majority of youngsters who take up smoking in their teens will continue to smoke throughout their adult life.
"Restricting the availability of cigarettes to teenagers sits alongside other measures we're taking in this area on smoking in public places, more resources to help people to stop and more education on the dangers of smoking. Through these measures we will see fewer Scots taking up the habit and more Scots quitting which can only benefit our health."
Cathy Jamieson, Justice Minister, added:
"Most retailers are highly responsible people who make a positive contribution to their communities. However, those who turn a blind eye or who actively engage in the sale of inappropriate goods to young people do nothing but harm. There should be no sympathy or hiding place under the law for these people. Today's announcement by the Lord Advocate makes it even less likely that they will be able to evade justice. Another step in the creation of a safer, stronger Scotland."
Ends.
Notes to Editors:
1. Mr Boyd has asked Crown Office lawyers to discuss test purchasing of alcohol with criminal justice partners and with the Scottish Commissioner for Children and Young People, in order that all relevant issues can be considered.
Key issues are:
that, under the Licensing (Scotland) Act 1976 it is an offence for a person under 18 to buy or attempt to buy alcoholic liquor in licensed premises or to consume alcoholic liquor in a bar
Although test purchasers are likely to be aged 16 and 17, therefore legally "adult" there are still welfare concerns in relation to both the premises that young persons would be expected to visit as part of any pilot, and the fact that they may be more likely to be called to give evidence if the Procurator Fiscal decides to take proceedings.
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