Controversial dual role of Scotland's top law officers to be reviewed

The controversial dual role of Scotland's top law officers are to be examined as part of an independent review, First Minister John Swinney has announced.

The lord advocate and solicitor general are Scotland's chief prosecutors, as well as holding ministerial positions as legal advisers to the government.

That has led to concerns about potential conflicts of interest, including earlier this year during the prosecution of former SNP chief executive Peter Murrell. Former Lord Advocate Dorothy Bain was criticised for briefing Swinney about the case.

Law officers have consistently stressed their independence from all political considerations.

The lord advocate, Ruth Charteris, is Scotland's chief law officer. She acts as head of the prosecution service but also has a ministerial position as chief legal advisor to the Scottish government.

The solicitor general, Brian (BJ) Gill, supports the lord advocate in both roles and can step in for her if she is absent.

Swinney said that the independent review would be led by former lord advocate Lord Boyd, who led the prosecution in the Lockerbie bombing trial in 2000 and sat as a judge for 12 years.

The first minister told Parliament that the review was expected to be published in late 2027.

He said that Lord Boyd would make recommendations to ministers about the future of the law officers - but that both he and Lord Boyd would "approach issues with an open mind" as to whether the role of the law officers should be changed.

Swinney told MSPs that a public consultation may be required before any changes were made.

The first minister added: "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."

Scottish Conservative leader Russell Findlay called for the government to immediately scrap the dual role of the lord advocate, telling MSPs: "We really don't need another SNP review."

However, Swinney said that would not be the appropriate way to make policy.

The responsibilities of Scotland's law officers are set out in Westminster legislation, meaning any change would require the help of the UK government. Swinney said he would speak to Labour ministers about the review.

Lord Boyd said that the issues he would consider were "of fundamental importance to the administration of justice in Scotland".

He added: "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."

The dual role of the law officers came under the spotlight earlier this year when it was revealed that then lord advocate Dorothy Bain briefed Swinney about the criminal case against former SNP leader Peter Murrell.

Murrell, the estranged husband of Nicola Sturgeon, was jailed in June after admitting to embezzling more than £400,000 from the party.

Opposition politicians criticised Bain and called for the dual role to be scrapped.

The dual role also came under scrutiny during a Holyrood inquiry into the Scottish government's botched investigation into harassment complaints against former first minister Alex Salmond.

As recently as March - two months ahead of the Holyrood election - the Scottish government said that the dual role was appropriate and that it would be for the next Holyrood administration to make any changes.