An independent review is to take place into the role and responsibilities of Scotland’s most senior law officers, John Swinney has announced.
The review comes in the wake of controversy over the dual role of the Lord Advocate – Scotland’s most senior law officer, who serves both as an adviser to ministers and as head of the prosecution service.
Dorothy Bain KC – who stepped down from the position earlier this year – came in for criticism after it emerged she had briefed the First Minister on the charges facing former SNP chief executive Peter Murrell almost a year before these were made public.
As he announced the review in Holyrood on Tuesday, Mr Swinney stressed the importance of having a “fully informed discussion about whether any changes should be made” to the role of both the Lord Advocate and the Solicitor General.
Adding that the issue must be considered “in an open and thoughtful way, to ensure that the significant constitutional, legal and operational issues are thoroughly explored”, he announced an independent review will be held.
This will be led by Lord Boyd of Duncansby, who has previously served as both solicitor general and lord advocate, has been a Supreme Court judge and who prosecuted the case against the Lockerbie bomber.
With current Lord Advocate Ruth Charteris KC sitting beside him, Mr Swinney told MSPs: “The review will examine the advantages and disadvantages of making changes to the current arrangements.
“It will consider the strengths and weaknesses of alternative models, engage with the legal, constitutional and practical implications of reform, and make recommendations to Scottish ministers.”
The First Minister added: “Crucially, the review will approach these issues with an open mind. It will follow the evidence wherever it leads – whether that is to reforms or to maintaining the status quo.”
The review will start work next year, with a final report expected by the “latter part of 2027”, Mr Swinney said.
He added that if changes are recommended, these could form the basis for a public consultation on the issue.
The First Minister said: “It is right that we debate the future of the law officers’ roles.
“These long-standing roles have been crucial to establishing, and sustaining, a legal framework in Scotland that commands public confidence, that provides dependable legal advice for Government and enables justice for all to be delivered.
“It is absolutely critical that in any process of reform those critical attributes are maintained.”
Lord Boyd, meanwhile, said he would “approach the task with an open mind and will consult widely before making my recommendations to ministers in due course”.