Dorothy Bain KC, Scotland's most senior law officer, is to step down from her position as Lord Advocate. The announcement signals a significant change at the helm of the country's legal system, as the Lord Advocate holds a unique dual role within Scottish governance and justice.
As Lord Advocate, Ms Bain has served as the chief legal adviser to the Scottish Government, providing counsel on a wide range of policy and legislative matters. Concurrently, she leads the Crown Office and Procurator Fiscal Service (COPFS), making her responsible for all public prosecutions in Scotland. This dual capacity means the holder of the office must balance their advisory role to the executive with their independent prosecutorial functions, a position that often draws scrutiny and requires a delicate constitutional balance.
Ms Bain was appointed to the role in June 2021 by then-First Minister Nicola Sturgeon. During her tenure, she has overseen the prosecution service through various high-profile cases and legal challenges, navigating complex issues relating to justice and public interest. Her departure will necessitate the appointment of a successor by the Scottish Government, a decision that will carry considerable weight given the critical responsibilities attached to the office.
The process for appointing a new Lord Advocate involves a recommendation from the First Minister to His Majesty The King. The appointee is typically a highly experienced legal professional, often a King's Counsel, with a deep understanding of Scots law and the country's unique legal traditions. The individual must command confidence across the political spectrum due to the non-political nature of their prosecutorial duties.
The role of Lord Advocate is distinct from that of the Attorney General in England and Wales, reflecting Scotland's separate legal system. The office has a long history, dating back to the 15th century, and remains a cornerstone of the Scottish justice system and government. The incoming Lord Advocate will face the ongoing challenges of managing the prosecution service, advising on complex constitutional matters, and upholding the rule of law in Scotland.