Lord Advocate’s Reference


Background Briefing

Notes to Journalists on the Lord Advocate’s Reference re:Trial of Trident Three

 


court1Inside Edinburgh’s High Court
By Peter Lanyon.
 More Court Sketches from the hearing

The LAR Questions

The Four Questions Lodged by the Lord Advocate in his Petition on 21st Jan 2000

  1. In a trial under Scottish criminal procedure, is it competent to lead evidence as to the content of customary international law as it applies to the United Kingdom?

  2. Does any rule of customary international law justify a private individual in Scotland in damaging or destroying in pursuit of his or her objection to the United Kingdom’s possession of nuclear weapons, its action in placing such weapons at locations within Scotland or its policies in relation to such weapons?

  3. Does the belief of an accused person that his or her actions are justified in law constitute a defence to a charge of malicious mischief or theft?

  4. Is it a general defence to a criminal charge that the offence was committed in order to prevent or bring to an end the commission of an offence by another person?


   The Full Text of the LAR  –


The Opinion of the Court to the LAR

-  Opinion of the Court (30 Mar 2001)  

Reaction to the Opinion of the Court

-  Press Briefing: Scottish High Court Ducks Trident Issue (30 Mar 2001)

-  Initial Response To The Appeal Court Opinion On The Lord Advocate’s Questions by Angie Zelter

-  The Unlawfulness of the United Kingdom’s Policy of Nuclear Deterrence: The Invalidity of the Scottish High Court’s Decision by Charles Moxley

-  Statement of Argument by Angie Zelter

-  Confusion Confounded: The High Court’s Opinion on the Lord Advocate’s Reference in the Greenock Case by Peter Weiss

-  US International Lawyer’s Comments on the LAR Opinion

-  Rebuttal To Scottish High Court Claim That Trident Deployment Is Not Illegal In Peacetime

-  Alyn Ware, Lawyers’ Committee on Nuclear Policy

-  Kreb Dragonrider by Kreb Dragonrider

Press Releases on the LAR

9 – 13 Oct 2000

-  Day 1 High Court Trident Hearing Begins

-  Day 2 ’Trident Three’ Member Tells High Court Trident is Illegal

-  Day 3 Scottish High Court Hears that Trident is a Crime

-  Day 4 Trident Illegal, Claims QC

-  Day 5 Historic Nuclear Weapons Case Adjourned

14 – 16 Nov 2000

-  Day 6 – Scottish High Court Told UK Nuclear Threat is Real

-  Day 7 – Britain Must Obey International Law on Trident

-  Day 8 – Maytime Disarmer Challenges High Court to Declare Trident Illegal

-  Day 9 – Call to Trident Judges to Face the Obvious 

 LAR Proceedings

1st Hearing (4 Apr 2000)

-  Report Of The Lord Advocate’s Reference Procedural Hearing, 4th April 2000

-  Interlocutor Sheet from 1st Hearing (Decisions of the court)

2nd Hearing (12 Sep 2000)

-  Petition of Bodil Ulla Roder to the Nobile Officium

-  Report on the Nobile Officium Hearing

3rd Hearing (29 Sep 2000)

-  Statement of Argument by Angie Zelter

The LAR Hearing (9 – 13 Oct & 14 – 16 Nov 2000)

-  First and Second Submission to the Court of Angie Zelter

-  Submission by Aidan O’Neill QC

-  Speech Notes by John Mayer on Question 2

-  Submission by Gerry Moynihan

LAR Transcripts

(These are the corrected and final versions – days 7 to 9 have not yet been received.)

9 – 13 Oct 2000 

-  Transcript of Day One Preliminary Discussion of Devolution Issues Monday, 9th October, 2000

-  Transcript of Day One Monday, 9th October, 2000

-  Transcript of Day Two Tuesday, 10th October, 2000

-  Transcript of Day Three Wednesday, 11th October, 2000

-  Transcript of Day Four Thursday, 12th October, 2000

-  Transcript of Day Five Friday, 13th October, 2000

-  Transcript of Day Six Tuesday, 14th November, 2000

LAR Documents

Angie Zelter   

-  Notice of Intention to Raise A Devolution Issue on Behalf of Angie Zelter

-  Skeleton Argument for Angie Zelter

-  Index of References for Angie Zelter

On Behalf of Ulla Roder  

-  Notice of Intention to Raise A Devolution Issue on behalf of Ulla Roder

-  Skeleton Argument for Ulla Roder

-  Index of References for John Mayer (Advocate for Ulla Roder)

On Behalf of Ellen Moxley 

-  Notice of Intention To Raise A Devolution Issue on Behalf of Ellen Moxley

-  Skeleton Argument for Ellen Moxley

-  Procedural Skeletal Argument for Ellen Moxley

G. Moynihan, Amicus Curiae  

-  Note of Argument for G.J.B. Moynihan Q.C., Amicus Curiae

-  Index of References for G.J.B. Moynihan Q.C., Amicus Curiae

On Behalf of the Crown 

-  Note of Argument for the Crown

-  Index of References for the Crown

LAR Communications

-  Record of Communications between Crown, Lord Advocate and Angie Zelter -  Record of Communications between Court and Angie Zelter

-  From Angie Zelter, 18th April 2000 To Jim Wallace (18 Apr 2000)

Other Related Communications

 

-  Related Correspondence To Chair WCP(UK) from Minister for Disarmament and Arms Control, NZ (19 Feb 2001)

-  Related Correspondence To Robin Cook MP from Chair, WCP(UK) (20 Feb 2001)

Transcripts from the Greenock Sheriff Court

-  Ruling of Sheriff M. Gimblett (19 – 21 Oct 1999)

-  Sheriff Gimblett’s Report on the Greenock Trial (21 Aug 2000

-  Evidence given by Professor Francis Boyle (1 Oct 1999)

-  Evidence given by Professor Paul Rogers (15 Oct 1999)

-  Evidence given by Rebecca Johnston (18 Oct 1999)

-  Other Greenock information on this site

-  Other Legal Documents & Articles on this Site


All articles in this section

The Unlawfulness of the United Kingdom’s Policy of Nuclear Deterrence: The Invalidity of the Scottish High Court’s Decision 2005-07-15
Lord Advocate’s Reference 2004-11-11
Court Sketches 2004-10-27
Lord Advocate’s Reference Court Sketches 2004-10-27
From Angie Zelter, 21st June 2000 2004-10-27
From Angie Zelter, 21st June 2000 2004-10-27
From Angie Zelter, 3rd July 2000 2004-10-27
From Mr. G.J.B. Moynihan, Faculty of Advocates, 3rd July 2000 2004-10-27
From Colin Boyd Q.C., 14th July 2000 2004-10-27
From Angie Zelter, 21st July 2000 2004-10-27
From Angie Zelter, 22nd July 2000 2004-10-27
From Angie Zelter, 22nd July 2000 2004-10-27
Petition to the Nobile Officium 2004-10-27
From Mr. Higgins, Acting Deputy Principal Clerk of Justiciary, 23rd August 2000 2004-10-27
From Dr Alastair N Brown (Crown Office), 25th September 2000 2004-10-27
From Angie Zelter, 26th September 2000 2004-10-27
From Angie Zelter, 2nd October 2000 2004-10-27
From Angie Zelter, 18th April 2000 2004-10-27
Note of Argument for the Crown 2004-10-27
Transcript of Day One Monday, 9th October, 2000 2004-10-27
Transcript of Day One Preliminary Discussion of Devolution Issues Monday, 9th October, 2000 2004-10-27
Transcript of Day Three Wednesday, 11th October, 2000 2004-10-27
Transcript of Day Four Thursday, 12th October, 2000 2004-10-27
Transcript of Day Five Friday, 13th October, 2000 2004-10-27
Transcript of Day Six Tuesday, 14th November, 2000 2004-10-27
Interlocutor Sheet from 1st Hearing 2004-10-27
US International Lawyer’s Comments on the LAR Opinion 2004-10-27
Notes to Journalists on the Lord Advocate’s Reference re: Trial of Trident Three 2004-10-27
Critique of Scottish Appeal Court’s Judgment in Lord Advocates’s Reference 2004-10-27
Opinion of the Court 2004-10-27
Petition of Bodil Ulla Roder to the Nobile Officium 2004-10-27
Report on the Nobile Officium Hearing 2004-10-27
Skeleton Argument for Ellen Moxley 2004-10-27
Submission by Gerry Moynihan 2004-10-27
Related Correspondence 2004-10-27
Related Correspondence 2004-10-27
Statement of Argument by Angie Zelter 2004-10-27
Skeleton Argument for Angie Zelter 2004-10-27
Submission by Aidan O’Neill QC 2004-10-27
From Mr. Higgins, Acting Deputy Principal Clerk of Justiciary, 20th June 2000 2000-06-20
Speech Notes by John Mayer on Question 2
Alyn Ware, Lawyers’ Committee on Nuclear Policy
Confusion Confounded: The High Court’s Opinion on the Lord Advocate’s Reference in the Greenock Case
Rebuttal To Scottish High Court Claim That Trident Deployment Is Not Illegal In Peacetime
Notice of Intention to Raise A Devolution Issue on Behalf of Angie Zelter
Notice of Intention to Raise A Devolution Issue on behalf of Ulla Roder
Notice of Intention To Raise A Devolution Issue on Behalf of Ellen Moxley
Note of Argument for G.J.B. Moynihan Q.C., {Amicus Curiae}
Statement of Argument by Aidan O’Neill QC
Report Of The Lord Advocate’s Reference Procedural Hearing, 4th April 2000
The Four Questions Lodged by the Lord Advocate in his Petition on 21st Jan 2000
Skeleton Argument for Ulla Roder
Procedural Skeletal Argument for Ellen Moxley
First and Second Submission to the Court of Angie Zelter
Transcript of Day Two Tuesday, 10th October, 2000
Kreb Dragonrider
The Full Text of the LAR
Initial Response To The Appeal Court Opinion On The Lord Advocate’s Questions
Background Briefing
Record of Communications between Crown, Lord Advocate and Angie Zelter
Record of Communications between Court and Angie Zelter
Index of References for Angie Zelter
Index of References for the Crown
Index of References for John Mayer (Advocate for Ulla Roder)
Index of References for G.J.B. Moynihan Q.C., {Amicus Curiae}