High-profile criminal cases involving former SNP chief executive Peter Murrell and ex-First Minister Alex Salmond have eroded public trust in Scotland's prosecution system, legal experts told MPs. The Scottish Affairs Committee heard evidence on the fallout from these cases, with particular focus on the Lord Advocate's dual role as head of the independent prosecution service and the Scottish Government's top legal advisor.
Dr. Andrew Tickell, head of the department of economics and law at Glasgow Caledonian University, stated that the tension inherent in these two roles has been evident since devolution but was brought into sharp focus by the recent cases. He suggested that the public perception of confusion arises when the public prosecutor sits within the Scottish Government's cabinet. "Empirically I’d say whether rightly or wrongly, to perceptions of confusion even about what is the public prosecutor doing sitting in the Cabinet of the Scottish Government," Tickell told the committee.
Concerns were also raised about the timing of information dissemination. Labour MP Lillian Jones highlighted that prosecutors alleged £460,000 had been embezzled by Murrell in March 2025, but this information did not become public until 11 months later. Jones questioned whether this information should have been shared sooner to prevent the perception that the First Minister benefited politically. Tickell agreed that if the information had been shared with everyone simultaneously, "it would have certainly resolved the controversy that is in front of this committee at this point."
Tory MP Douglas Lumsden noted that "the ordinary man on the street" might find it inappropriate for the Lord Advocate to sit in cabinet, leading to potential perceptions of information being selectively shared within the government. Tickell affirmed this as an "understandable perception."
Malcolm McMillan, a former chief executive of the Scottish Law Commission, emphasized the critical importance of public perception and confidence in the legal system. He called for discussions on how these cases have affected public confidence, stating, "public confidence is absolutely critical."