Scotland's Top Law Officer Role Under Review Amid Corruption Row
An independent review will examine the dual function of the Lord Advocate following criticism over the handling of the Peter Murrell case.
Scotland's Lord Advocate, the country's chief prosecutor and a legal adviser to the government, is set to have her role and responsibilities reviewed. The decision comes after a period of criticism regarding the handling of information related to the case of Peter Murrell, former chief executive of the Scottish National Party (SNP).
First Minister John Swinney announced the independent review, which will be led by Lord Boyd of Duncansby, a former Solicitor General, Lord Advocate, and Supreme Court judge. The review aims to explore the advantages and disadvantages of the current arrangements for the Lord Advocate and the Solicitor General, considering alternative models and their legal, constitutional, and practical implications. The process will begin next year, with a final report expected in late 2027.
The controversy centers on previous Lord Advocate Dorothy Bain KC, who faced criticism for briefing the First Minister on charges against Murrell, her predecessor's husband, almost a year before the details were made public. Murrell was later jailed for embezzling £459,000 from party funds.
Critics, including Scottish Tory leader Russell Findlay, have argued that the dual role politicizes the office. Findlay stated that the previous Lord Advocate had "politicised the role" by supporting plans to scrap jury trials and by informing Swinney about Murrell's case. He urged Swinney to end the dual role to restore public confidence in the justice system.
Swinney emphasized the importance of an "open and thoughtful" discussion about the roles, stressing that the review will approach the issues with an open mind and follow the evidence. He noted that if changes are recommended, they could lead to a public consultation.
Dorothy Bain KC resigned her post in May and was appointed a judge in June. Her predecessor, James Wolffe KC, reportedly did not inform Nicola Sturgeon about the indictment against Alex Salmond when she was First Minister, raising questions about consistent practices within the Crown Office. The Crown Office stated that rules regarding informing the First Minister of legal cases were being strengthened.