Conflict of Interest Concerns Raised Over Scotland's Top Prosecutor Role

Concerns about potential conflicts of interest and bias within Scotland's prosecution service have been raised by former Nationalist MP Joanna Cherry. In evidence submitted to a Westminster inquiry, Cherry stated that the dual role of the Lord Advocate—serving as both head of the prosecution service and the Scottish Government's chief legal adviser—creates a risk of perceived or actual bias in politically sensitive cases.

The Scottish Affairs Committee's inquiry is examining the role of the Lord Advocate in light of recent high-profile criminal cases involving former First Minister Alex Salmond and former SNP depute leader Peter Murrell. Murrell was recently jailed for embezzlement, while Salmond was acquitted of multiple charges.

Cherry, a King's Counsel, argued that the current structure fosters "too close a relationship" between civil servants and prosecutors, citing the handling of allegations against Alex Salmond. She noted that the Scottish Government's permanent secretary reportedly passed a report on the Salmond allegations to the Crown Agent, despite the wishes of the complainers to not involve the police.

"The reality is that because the role of legal adviser to the government and chief prosecutor are held by the one person, there is always the risk of a perception of a conflict of interest or worse, bias, in prosecutorial decisions in high profile cases with a political aspect," Cherry stated in her submission.

She suggested that reforming the role of the Lord Advocate could address legitimate public concerns about the independence of the prosecution service. Cherry also pointed to the handling of cases like the Rangers Football Club takeover prosecution and the SNP's finances investigation as examples where the Lord Advocate's dual position may have raised questions.

While acknowledging a convention for the Lord Advocate to recuse herself in politically sensitive cases, Cherry highlighted the Murrell case, where the Lord Advocate was reportedly advised by officials to provide updates to the First Minister containing non-public information. This, she argued, suggests that current recusal rules may not be sufficiently clear.

Shadow Scottish Secretary Harriet Cross echoed these concerns, calling the situation "shocking" and "damning." She stated that the dual role of the Lord Advocate is "fundamentally flawed" and urged the Scottish Government to support calls to split the role to restore public faith in the justice system.

In response to the inquiry, a spokesman for the Crown Office and Procurator Fiscal Service stated that they have provided a submission and will consider further requests for evidence. Scotland's First Minister John Swinney has announced an independent review to examine the advantages and disadvantages of the Lord Advocate's combined role, to be headed by Lord Boyd of Duncansby.