Lord Advocates Reference questions may be rewritten

There was a hearing in the High Court of Justiciary in Edinburgh on 12 September to look at some issues prior to the Lord Advocates Reference (LAR). The LAR has arisen from the acquittal of three women by Sheriff Margaret Gimblett at Greenock in October 1999.

Question 2 submitted by the Lord Advocate for consideration says:

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

At the preliminary hearing it was submitted that this question was not consistent with the arguments presented during the Greenock trial. Sheriff Gimblett in her own comments at the end of the trial had made it clear that the issue was not one of "possession" but of the deployment of Trident as a threat.

Lord Prosser asked the Lord Advocate to consider redrafting the questions. It is expected that a further preliminary hearing will take place. It was mentioned that this should be arranged prior to the 9th October, so it is possible that the LAR will go ahead on the prearranged date but this is not certain.