The opinions expressed by the court in response to the reference do not affect the original verdict of the court from which the reference originated, but rather serve to clarify or develop the interpretation of a particular point of law for the benefit of future proceedings. Lord Advocate's references commonly arise out of
criminal trials that involve the interpretation of new or complex issues of
Scots law. There is no time limit for the reference to be submitted to the court. Lord Advocate's References are provided for by section 123 of the Criminal Procedure (Scotland) Act 1995, which states: The
panel (accused) at the trial diet from which the reference originates has a statutory right to be present at the hearing either in person or represented by an
advocate. If they decline to appear or be represented, the court will appoint counsel to act at the hearing as . The cost of any counsel or '''' must be met by the Lord Advocate, following a determination of fees payable by the
Auditor of the Court of Session. ==Examples==