Government decides against altering lord advocate's dual role.

The Scottish Government has confirmed that the Lord Advocate will continue in her dual role as chief legal advisor and head of prosecutions, following an independent review that found the current arrangement effective and maintaining the independence and integrity of Scotlands legal system.

The Scottish Government has confirmed it will not alter the dual responsibilities held by its senior law officer, despite ongoing discussions about the sharing of information concerning former SNP chief executive Peter Murrell. The decision follows scrutiny over the intersection of prosecutorial and advisory duties within Scotland's legal framework.

Debate Over Information Disclosure

Opposition politicians raised concerns after it emerged that Lord Advocate Dorothy Bain KC had briefed First Minister John Swinney on Murrell's legal situation. This disclosure prompted debate over whether it is appropriate for the Lord Advocate to serve simultaneously as both the government's principal legal advisor and head of prosecutions.

Responsibilities of the Lord Advocate

The Lord Advocate fulfills two primary functions within Scotland's legal system:

• Chief of Scotland's prosecution service
• Principal legal advisor to the Scottish Government, with Cabinet-level ministerial responsibilities

This dual role has long been a feature of Scotland's legal system, intended to provide the government with expert legal guidance while preserving the independence of prosecutorial decisions.

Findings of Independent Review

An independent review, commissioned prior to the public controversy, evaluated whether the Lord Advocate's dual role remained appropriate. Justice Secretary Angela Constance informed Members of the Scottish Parliament (MSPs) that the review concluded the current arrangement is effective. Constance emphasized that changes to the Lord Advocate's functions would require careful legislative consideration and could be addressed only by a future Scottish administration. The review, published on Tuesday, highlighted the operational strengths of the existing system.

Key conclusions of the review include:

• The current configuration of law officers' duties functions effectively and with integrity
• Prosecutorial activities are conducted independently, as guaranteed under the Scotland Act
• Any modification of the Lord Advocate’s dual responsibilities would require legislation from the UK Parliament

Lord Advocate’s Position

Lord Advocate Dorothy Bain KC defended her actions, noting she had informed First Minister Swinney about Murrell's charges nearly a year prior to their public disclosure. Bain stressed that she had no involvement in prosecuting the case and denied that her dual role was compromised. Documentation from the Crown Office and Procurator Fiscal Service (COPFS) revealed that the March 2025 briefing regarding Murrell was part of a larger record of almost 30 similar updates provided to either the Scottish or UK governments over the past three decades. Bain also clarified that the government had not requested the communication and that ministers received no preferential treatment.

Purpose of the Independent Review

The review, led by former Scottish Law Commission chief executive Malcolm McMillan, aimed to provide guidance for future consultations on the functions of law officers. Its publication sought to clarify the boundaries and interactions between prosecutorial responsibilities and government advisory duties, ensuring transparency and accountability.

Political Reactions

Criticism of Bain’s briefing to Swinney came from both Conservative and Labour MSPs. Nevertheless, the Lord Advocate reiterated her non-involvement in Murrell's prosecution, maintaining the distinction between advisory and prosecutorial roles. The review underscored the advantages of the dual role and noted that any changes would involve complex legislative processes, reflecting the intricacy of Scotland’s legal structure.

Conclusion

The Scottish Government has reaffirmed that the Lord Advocate will retain her dual responsibilities, combining leadership of the prosecution service with the position of chief legal advisor to the government. Any potential modifications to this arrangement will remain under the discretion of future administrations, while reinforcing the independence, integrity, and operational effectiveness of Scotland’s law officers.

Sources:

• Yahoo News - Government rules out changes to lord advocate dual role
• Facebook (BBC Scotland News) - Government rules out changes to lord advocate dual role
• Yahoo News UK - John Swinney told about Branchform case early by Lord Advocate
• Government rules out changes to lord advocate dual role

Author: Olivia Parker
Olivia Parker is a journalist and editor with over 8 years in media. She focuses on culture, arts, and social issues, skilled in feature writing and critical reviews.