Report expected on division of lord advocate’s role

Report expected on division of lord advocate's role

An expert report on the division of the dual role of the lord advocate is expected in the coming weeks.

The SNP had promised to make progress on considering reform of the role in its 2021 manifesto.

The report by Malcolm McMillan, chief executive of the Scottish Law Commission and a former government lawyer, will examine the offices of lord advocate and the solicitor general and compare them with other jurisdictions.

Justice Secretary Angela Constance said the report would contain a “summary of insights and comments on the Scottish law officers’ roles from former and current holders of these offices and relevant officials”.

In 2021, Scottish Legal News asked readers whether the lord advocate’s role should be split into those functionally equivalent to an attorney general and director of public prosecutions.

Respondents were overwhelmingly in favour of dividing the role. Of the 350 respondents to the survey, 285, or 81.4 per cent voted in favour of division. Only 6.6 per cent were in favour of preserving but limiting the lord advocate’s dual role.

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