Controversial dual role of Scotland’s top law officers to be reviewed
The responsibilities of Scotland’s law officers are set out in Westminster legislation, meaning any change would require the help of the UK government. Swinney said he would speak to Labour ministers about the review.
Lord Boyd said that the issues he would consider were “of fundamental importance to the administration of justice in Scotland”.
He added: “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.”
The dual role of the law officers came under the spotlight earlier this year when it was revealed that then lord advocate Dorothy Bain briefed Swinney about the criminal case against former SNP leader Peter Murrell.
Murrell, the estranged husband of Nicola Sturgeon, was jailed in June after admitting to embezzling more than £400,000 from the party.
Opposition politicians criticised Bain and called for the dual role to be scrapped.
The dual role also came under scrutiny during a Holyrood inquiry into the Scottish government’s botched investigation into harassment complaints against former first minister Alex Salmond.
As recently as March – two months ahead of the Holyrood election – the Scottish government said that the dual role was appropriate and that it would be for the next Holyrood administration to make any changes.
