-
appointed as independent
chair
First Minister has announced an independent
review into the roles of the Lord Advocate and Solicitor General,
chaired by of Duncansby.
The review of the two Law Officer posts will consider:
- Whether the roles of the Lord Advocate and Solicitor General
are still the most appropriate and effective arrangements for
Scotland
- The advantages and disadvantages of the Lord Advocate holding
both roles as head of criminal prosecutions in Scotland and the
principal legal advisor to the Scottish Government
- Alternative Law Officer models, including those used in other
parts of the UK.
will appoint a reference group to
support his work, bringing a range of expertise to the review. It
will begin in the new year and present its findings and
recommendations to Ministers later in 2027.
Making the announcement to the Scottish Parliament, the First
Minister said:
Over the centuries, the roles of the Law Officers have not
remained static. They have changed alongside Scotland's society,
institutions and constitutional framework to meet the needs of
the people that they serve.
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.
Review chair, Rt Hon of Duncansby said:
I am very pleased to have been asked by the First Minister to
conduct this review. The issues it will consider are of
fundamental importance to the administration of justice in
Scotland.
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.
I approach the task with an open mind and will consult widely
before making my recommendations to Ministers in due course.
Background
served as Solicitor General of
Scotland from 1997 until being appointed as Lord Advocate in
2000, a role he served until 2006. He was also a Senator of the
College of Justice between 2012 and 2024.
Scottish law officers
independent review: terms of reference - gov.scot
