16. The court is wrong. The defendants did indeed contend that the mere bona fide belief that the government’s actions were criminal negated the specific criminal intent required here;–that they acted maliciously. The defense was not just necessity. Indeed, Sheriff…
LAR: Confusion Confounded: The High Court’s Opinion on the Lord Advocate’s Reference in the Greenock Case
Peter Weiss, April 2, 2001 “It has to be observed”, said the court in paragraph 56 of the opinion it handed down on March 30, 2001, “that there may be an important issue which is not disposed of” as a…
LAR: Statement of Argument by Angie Zelter
29th September 2000 IN THE HIGH COURT OF JUSTICIARY LORD ADVOCATE’S REFERENCE STATEMENT OF ARGUMENT by Angie Zelter for the First Respondent to the Petition of THE RIGHT HONOURABLE THE LORD BOYD, Her Majesty’ Advocate PETITIONER in terms of Section…
LAR:The Unlawfulness of the United Kingdom’s Policy of Nuclear Deterrence: The Invalidity of the Scottish High Court’s Decision
By Charles Moxley Disarmament Diplomacy Issue No. 58, June 2001 Opinion and Analysis Introduction There is a sense in which the policy of deterrence presents the greatest barrier to the broad recognition of the unlawfulness of the use of nuclear…
LAR: Initial Response To The Appeal Court Opinion On The Lord Advocate’s Questions
Angie Zelter, 5th April 2001 We are disappointed that the Scottish Court system has let itself and us down and did not rise to the challenge we presented it with. It had an historic opportunity to back the rule of…
LAR: Scottish High Court Ducks Trident Issue
Today the High Court of Justiciary in Scotland appears to have failed to take a good opportunity to challenge the illegality of the UK’s Trident nuclear weapon system when it answered in the negative four questions set by the Lord…
LAR – Opinion of the Court
30th March 2001 APPEAL COURT, HIGH COURT OF JUSTICIARY Lord Prosser Lord Kirkwood Lord Penrose Misc 11/00 OPINION OF THE COURT in LORD ADVOCATE’S REFERENCE NO. 1 OF 2000 by HER MAJESTY’S ADVOCATE in terms of Section 123 of the…
The Full Text of the LAR
LORD ADVOCATES REFERENCE HIGH COURT OF JUSTICIARY Unto the Right Honourable The Lord Justice-General, The Lord Justice-Clerk and Lords Commissioner of Justiciary PETITION Of THE RIGHT HONORABLE, THE LORD HARDIE Her Majesty’s Advocate In terms of Section 123 of the…
LAR Court room sketches
Lord Justice Lord Justice Lord Justice …