Lord Advocate's Reference

rdf:langString Lord Advocate's Reference

rdf:langString Section 123

rdf:langString Criminal Procedure Act 1995

rdf:langString Where a person tried on indictment is acquitted or convicted of a charge, the Lord Advocate may refer a point of law which has arisen in relation to that charge to the High Court for their opinion;... The opinion on the point referred under subsection above shall not affect the acquittal or, as the case may be, conviction in the trial.

rdf:langString A Lord Advocate's Reference is a procedure by which the Lord Advocate can refer a point of law that 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 Lord Advocate is the senior law officer of the Scottish Government, chief public prosecutor and head of the Crown Office and Procurator Fiscal Service in Scotland. Lord Advocate's References used to be particularly important because, prior to the coming into force of sections 73–76 of the , 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 .