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Lord Advocate’s Reference

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

-   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?
-   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?
-   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?
-   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?


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