Lord_Advocate's_Reference
Lord Advocate's Reference
Procedure in Scottish law
In Scottish law, 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 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.[citation needed]