Lord Advocate’s Reference

Dear Ms Zelter

LORD ADVOCATE’S REFERENCE No 1 OF 2000

At the last hearing, issues were raised about the Questions asked of the Court by the Lord Advocate. We have reviewed those Questions and are not minded to make any changes. It has, however, been suggested that there might be advantage in an informal meeting between all of those involved in the Reference so as to allow Parties to make representations to and discuss matters with the Mr Duncan Menzies QC, who will be conducting the case for the Crown. To that end we are booking a room in the Faculty of Advocates’ Consultation Centre for 11am on Friday 29 September. Meetings of this sort would ordinarily be confined to Parties’ legal representatives but since you are representing yourself it would be unreasonable to exclude you from the opportunity which the meeting represents. Accordingly, should you wish to attend that meeting, you will be welcome to do so. Obviously, no undertakings can be given about the outcome of such discussions.

You have raised the matter of your costs in connection with the Hearing. As I explained in my letter of 1 March, no provision is made for the payment of the costs of a person who elects to represent herself in connection with a Lord Advocate’s Reference. On Further consideration, however, and on an ex gracia basis, the Crown is willing to meet the expenses of your attendance at the rates laid down for the reimbursement of witnesses. In general terms, that means that it will be possible to repay to you your standard class rail fare between your home and Edinburgh and your accommodation and subsistence expenses necessarily incurred in connection with your attendance up to a maximum of £63 per 24 hour period where you are able to exhibit a receipt from an hotel and £25 otherwise (for example, if you have stayed with friends or acquaintances). Should you have other expenses, you are at liberty to draw these to our attention and we shall consider them on an individual basis. We shall not, however, be willing to reimburse you in respect of anything in the nature of fees-for example, we shall not be willing to meet any claim in respect of your time for preparation for hearings.

Yours sincerely

Dr Alastair N Brown

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