New Lord Advocate supports role review
Dorothy Bain QC says she will give ‘all appropriate assistance’ to assessment ordered into contentious dual responsibilities, David Bol reports
THE new Lord Advocate has pledged to give “all appropriate assistance” to the review being carried out into splitting up her dual role.
Dorothy Bain QC was sworn in as Lord Advocate yesterday along with Ruth Charteris QC who becomes Solicitor General.
Last week, the First Minister confirmed that a consultation will be held as part of an investigation into whether the role of Lord Advocate should be reviewed amid criticism over the dual role.
The Lord Advocate is the Scottish Government’s top legal adviser, as well as being head of the Crown Office prosecution service in Scotland.
During the Alex Salmond inquiry, the role of the Lord Advocate came under heavy scrutiny with Mr Salmond calling for Ms Bain’s predecessor, James Wolffe, to resign.
Ms Sturgeon has admitted there is a “strong, prima facie case” for the separation of powers, but has also warned about a lengthy process if action is taken forward including potential amendment to the
Scotland Act.
The First Minister, in setting out her commitment last week, stressed that “it is important that Parliament considers the precise details of any reform carefully”.
She added: “Whatever the outcome of such consultation, it will remain hugely important that Scotland has law officers of the very highest calibre.”
Both women were sworn in to their new roles during a ceremony at the Court of Session in Edinburgh before a bench of three judges chaired by the Lord President, Lord Carloway. Ms Bain said it was “a great honour to be Scotland’s Lord Advocate”, adding she was “fortunate to have such a talented lawyer serving as Solicitor General for Scotland”.
She said: “Interest in the roles and work of the law officers has never been higher and the First Minister has committed to a review of the functions of Lord Advocate. I will give that review all appropriate assistance.”
Ms Bain added: “The trust placed in public prosecutors is the most significant that a society can bestow. I do not carry that responsibility lightly and promise to pursue this vital public service to the utmost of my abilities.
“The serious cases I have been involved in have given me an unshakeable belief in the importance of the public service prosecutors perform in delivering justice for communities, in giving victims a voice in court and in protecting the rights of people accused of crime.
“The pandemic has had a major impact on the criminal justice system, and the efforts to recover, renew and transform the way it operates are already under way.
“I will lead Scotland’s prosecutors as they work with the legal profession, courts service, judiciary and others as together we move forward to create a modern, responsive system fit to serve the people of Scotland for generations to come.”
The Scottish Government announced last month that James Wolffe and Alison Di Rollo were to leave the positions.
Lord Carloway congratulated the new appointments, highlighting how the pandemic has “required an intense co-ordination of efforts between the court, the Crown and the legal professions” to cope with the backlog in sheriff court cases.
He added: “The Scottish Courts and Tribunal Service have developed a robust plan to tackle a problem which is of great importance not only to accused persons but also to vulnerable and other witnesses.
“This has, and will, involve the recruitment of additional judiciary and staff. I am grateful to the Scottish Government for their support in this endeavour.
“In order to succeed, the courts require to work together with the Crown Office and Procurator Fiscal Service and with the professions. The plan cannot be realised without substantial efforts from all concerned.
“I therefore look forward to working with you as the broader post-covid changes to the criminal and civil justice systems begin to take shape.
“In light of your significant achievements to date, the court has confidence in you both as you seek to maintain and uphold the rule of law in government.
“The roles which you have taken on are challenging, but they are two great, historic offices, which will give you significant personal and professional fulfilment in the coming years.”
The trust placed in public prosecutors is the most significant that a society can bestow