AN independent review into the roles and functions of the Lord Advocate and Solicitor General to ensure they “serve modern Scotland as effectively as they can” has been announced by the Scottish Government.
First Minister John Swinney announced on Tuesday that the review will be chaired by Lord Boyd of Duncansby, a former lord advocate, and will make detailed and practical recommendations to ministers on whether changes should be made to the current arrangements.
Duncansby will look at the advantages and disadvantages of the Lord Advocate role and will outline what, if any, forms of change there should be.
Announcing the review, which will be delivered in 2027, Swinney said that over the centuries, the roles of the Law Officers have “not remained static”.
He continued: “They have changed alongside Scotland’s society, institutions and constitutional framework to meet the needs of the people that they serve.
“The current system has ensured that government policy is informed by expert legal advice and guided by the rule of law, while the Lord Advocate remains directly accountable to parliament for the exercise of her prosecutorial functions.
“However, no system, however long-standing, should be beyond examination. It is right that we consider whether the current arrangements continue to serve modern Scotland as effectively as they can.”
The review comes after Ruth Charteris KC succeeded Dorothy Bain KC as Lord Advocate in June.
Bain was criticised by opposition MSPs earlier this year after it emerged she informed Swinney of the charges against former SNP chief executive Peter Murrell around 10 months before they were made public.
The briefing led to criticism over the dual role of the Lord Advocate, who is both Scotland’s chief prosecutor and the Scottish Government’s principal legal adviser as a Cabinet minister.
The Lord Advocate role was enshrined in the Scotland Act, meaning any changes to it would lie with Westminster, and has been a source of contention since devolution began.
Lord Boyd, who served as solicitor general before being appointed as lord advocate in 2000, said he was “very pleased” to have been asked by the First Minister to conduct the review.
He added: “The issues it will consider are of fundamental importance to the administration of justice in Scotland.
“Any recommendations must safeguard the independence and integrity of the prosecution system, sustain public confidence, strengthen accountability, and ensure that Ministers continue to receive high-quality, professional legal advice.
“I approach the task with an open mind and will consult widely before making my recommendations to Ministers in due course.”
