Nicola Sturgeon has said she won't go ahead with an illegal independence referendum in Scotland.
It comes after the Scottish Government has been forced to release sections of legal advice it was given on holding another constitution vote.
A ruling by the Scottish Information Commissioner Daren Fitzhenry last week said the release of advice into the public domain would "significantly enhance public debate" on the issue.
Government officials refused to publish documents through a Freedom of Information on indyref2 saying it would breach legal professional privilege.
After an appeal the information commissioner has ruled that "keeping legal advice relating to a second independence referendum secret actively harms accountability and scrutiny".
The SNP and the Greens hold an independence majority in the Scottish Parliament and want to hold a vote by the end of 2023, however any referendum is expected to be challenged in the courts.
BBC Radio 4 host Martha Kearney asked Sturgeon if the advice suggested it would be illegal would she go ahead with a vote.
The First Minister said: "I wouldn't want to go ahead with a referendum that wasn't legal.
"I couldn't go ahead with a referendum that wasn't legal because we have a system of checks and balances in this country, Scotland and the UK, that would ultimately lead to the Supreme Court stepping in or considering a case if that was the case.
"The only referendum worth its salt is one that is democratic, legal and can deliver."
The host replies: "You can't hold one then?"
Sturgeon says: "That's not what I am saying.
"You also know there is issues around the ministerial code again, not just in Scotland, but in the UK around discussing the content of legal advice.
"So the point I'm making though is it would not be in the interests of those who want independence, let alone anybody else's interests, for a referendum to be anything other than legal and constitutional.
"That's the only way of delivering independence.
"The point you're making to me here about whether the Scottish Parliament has the legal competence to have a referendum, just in point of fact that has not yet been tested in court.
"So you cannot state categorically that it would be out with the powers of the Scottish Parliament."
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