World Library  
Flag as Inappropriate
Email this Article

Lord Advocate's Reference

Article Id: WHEBN0034650831
Reproduction Date:

Title: Lord Advocate's Reference  
Author: World Heritage Encyclopedia
Language: English
Subject: Scottish criminal law, Question of law, Philosophy of law, Evidence law, High Court of Justiciary
Collection: Evidence Law, Philosophy of Law, Scottish Criminal Law
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Lord Advocate's Reference

A Lord Advocate's Reference is a mechanism by which the Lord Advocate, the chief legal officer of the Scottish Government, can refer a point of law which has arisen during the course of solemn proceedings, to the High Court of Justiciary sitting as the Court of Criminal Appeal, for a determination. The opinions expressed by the court in response to the reference do not affect the original verdict of the court from which the reference originated, but rather, serve to clarify or develop the interpretation of a particular point of law for the benefit of future proceedings. Lord Advocates Reference's commonly arise out of criminal trials which involve the interpretation of new or complex issues of Scots law. Crucially, there is no time limit for the reference to be submitted to the court.[1]

Lord Advocates References used to be particularly important, because prior to the coming into force of sections 73-76 of the Criminal Justice and Licensing (Scotland) Act 2010, a trial judge sitting alone in solemn proceedings and bound by appeal court precedent had to rule on points of law without a Crown right of appeal. This resulted in several controversial verdicts of acquittal, especially in relation to no case to answer submissions tendered under section 97 of the Criminal Procedure (Scotland) Act 1995.

Contents

  • The Statutory Provisions 1
  • Examples 2
  • References 3
  • See also 4

The Statutory Provisions

The ability of the Lord Advocate to refer points of law to the High Court of Justiciary for an opinion, is provided for by section 123 of the Criminal Procedure (Scotland) Act 1995.[2]

The panel at the trial diet from which the reference originates has a statutory right to be present at the hearing and be represented, either by themselves or by counsel. If they decline to appear or be represented, the court will appoint counsel to act at the hearing as amicus curiae. Regardless of whether the person decides to attend or not, the cost of their counsel or amicus curiae must be met by the Lord Advocate. It is also common for the Advocate General for Scotland to be represented at a Section 123 hearing.

Examples

References

  1. ^ "Response by the Faculty of Advocates to the request for further consultation by the Office of the Advocate General for Scotland". Faculty of Advocates. Retrieved 8 February 2012. 
  2. ^ http://www.legislation.gov.uk/ukpga/1995/46/contents

See also

This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.