THE SNP Government must take steps to address the “important constitutional question” of the role of Scotland’s chief prosecutor, leading lawyers have said.
In a statement on Wednesday, the Law Society of Scotland called for the SNP to uphold a 2021 manifesto commitment and open a public consultation on the dual role of the Lord Advocate (a position currently held by Ruth Charteris KC).
As Lord Advocate, Charteris is Scotland’s chief prosecutor and the head of the Crown Office and Procurator Fiscal Service (COPFS). However, she also sits in the Scottish Cabinet alongside SNP ministers and acts as their chief legal adviser.
Concerns have been raised around the dual role in recent years, with questions asked about now-former lord advocate Dorothy Bain KC briefing First Minister John Swinney on the charges facing former SNP chief executive Peter Murrell almost a year before they were made public.
However, ultimately the power over the role and function of Scotland’s chief law officer is reserved to Westminster.
The Law Society of Scotland has called for the Scottish Government to open a public consultation on splitting the role of the Lord Advocate.
The body’s president Serena Sutherland said: “This issue is about constitutional, legal principles and the current system, not about the many committed lawyers who serve within it. The question is rather whether the current constitutional arrangements remain the right ones for Scotland.
“Should the same person serve as both a Scottish Government minister and its most senior legal adviser, while also heading the system of prosecution? That is an important constitutional question which deserves careful public consideration.”
She added: “The Scottish Government committed in 2021 to consult on whether these roles should be separated. We believe the time is right to honour that commitment and begin a comprehensive public consultation.
“Any change would be highly complex and take time to deliver. That is precisely why a thorough public consultation is needed. It should encourage a properly informed and wide-ranging discussion across the justice sector and wider society.
“Importantly, it would allow any future decisions to be based on objective evidence and constitutional principle, rather than a political agenda, and ultimately on what is in Scotland's best interests.”
Charteris said the post of Lord Advocate is one of “significant responsibility”, vowing to “discharge it with independence, integrity, and a clear focus on serving the public interest”.
She added: “Any consideration of reform is a matter for Parliament, and my responsibility is to carry out the role as it exists today.
“I welcome respectful and well-informed discussion about the office and its future. That discussion should be conducted in a way that maintains public confidence in the present system and the administration of justice.”
The Scottish Government has been contacted for comment.
