Review of Law Officer roles announced

The Law Society of Scotland has welcomed the First Minister's announcement of an independent review into the roles of the Lord Advocate and Solicitor General, describing it as a key step towards examining these crucial positions within the country’s legal framework and considering any future reforms. In recent years, the role of the Lord Advocate has faced increasing public and political scrutiny, prompting the Law Society to urge the Scottish Government to initiate a public consultation regarding possible revisions to the position.

John Mulholland, Vice President of the Law Society of Scotland, expressed the importance of the inquiry, stating “In 2021, the previous Scottish Government committed to consult on whether the role of the Lord Advocate, which serves as both the Scottish Government's senior legal adviser and head of the systems of criminal prosecution and investigation of deaths, should be separated.” He further stated, “The issue is about constitutional, legal principles and examination of the current system. It is important for us to ask if the current arrangements remain the right ones.”

The review will be led by Lord Boyd of Duncansby, who has committed to consulting widely before making any recommendations in 2027. Mulholland highlighted the significance of thorough discussions across the justice sector, stating “Having in-depth, well-informed discussions across the justice sector and our wider society will be vital to ensuring any future decisions work in Scotland's best interests.”

The review aims to consider several key factors, including whether the roles of the Lord Advocate and Solicitor General are still the most suitable and effective arrangements for Scotland and the potential impacts of the Lord Advocate concurrently serving as head of criminal prosecutions while being the principal legal advisor to the Scottish Government. It will also explore alternative models for Law Officers, referencing practices from other parts of the UK. By engaging in this extensive evaluation, the Law Society hopes to contribute meaningfully to the discussions about the future of Scotland's legal leadership.