Lord Advocate (Scotland)

Lord Advocate (Scotland)
Name	Lord Advocate
Department	Crown Office and Procurator Fiscal Service
Style	The Right Honourable
Formation	1532
Seat	Edinburgh
Appointing authority	Monarch on advice of First Minister
Precursor	Lord Advocate of the High Court of Justiciary

Lord Advocate (Scotland) is the senior Scottish law officer who serves as the principal legal adviser to the Scottish Government and the Crown in Scotland and as the head of public prosecution in Scotland. The office combines roles in legal advice, criminal prosecution, and representation in civil litigation, interacting with institutions such as the Scottish Parliament, the High Court of Justiciary, and the Supreme Court of the United Kingdom. The Lord Advocate's duties intersect with historical offices including the Lord Chancellor, the Advocate General for Scotland, and the Procurator Fiscal.

History

The office traces its origins to the early Tudor period, with precedents in medieval royal advocates who represented the Crown before the Court of Session and the High Court of Justiciary. During the reigns of James V of Scotland and Mary, Queen of Scots the role consolidated as the Crown's legal agent; later developments in the era of James VI and I and the Union of the Crowns saw increased prominence. The post survived the Acts of Union 1707, adapting to a dual legal system within the Kingdom of Great Britain, and figures such as Sir James Steuart and Sir William Grant shaped prosecutorial practice. In the 19th and 20th centuries, notable occupants like John Inglis, Lord Glencorse and Lord Cooper of Culross presided over reforms linked to the Scottish Legal Aid Act and the expansion of the Crown Office. Devolution under the Scotland Act 1998 altered the constitutional context, creating the officeholder's contemporary relationship with the Scottish Parliament and establishing distinctions from the Advocate General for Scotland and the Attorney General for England and Wales.

Role and responsibilities

The Lord Advocate acts as principal legal adviser to the First Minister of Scotland and the Scottish Cabinet, providing advice on matters of Scots law, human rights obligations under the European Convention on Human Rights, and compatibility of legislation with the Scotland Act 1998. As head of prosecution, the Lord Advocate directs the Crown Office and Procurator Fiscal Service in criminal investigations, decisions to prosecute, and in sensitive areas such as deaths in custody and allegations involving public officials. Representation in civil proceedings includes appearing before the Court of Session, the High Court of Justiciary, and, where devolution issues arise, the Supreme Court of the United Kingdom. The office has responsibilities in international legal cooperation with bodies like Eurojust, the International Criminal Court, and in extradition cases under instruments such as the European Arrest Warrant. Additionally, the Lord Advocate exercises powers under statutory instruments including the Prosecution of Offences Act 1985 and participates in legislative drafting and scrutiny alongside the Scottish Government legal directorates.

Appointment and tenure

The Lord Advocate is formally appointed by the Monarch on the recommendation of the First Minister of Scotland and typically is a senator of the College of Justice or a senior advocate admitted to the Faculty of Advocates. Historically appointments were political and often held by members of the House of Commons or House of Lords; post-devolution practice emphasizes devolved executive accountability to the Scottish Parliament. Tenure is not fixed; incumbents serve at the Monarch's pleasure subject to political confidence and may resign following elections, ministerial reshuffles, or controversies such as allegations of misconduct or conflicts exemplified by past high-profile resignations. Succession has included transfers between private practice and judicial appointment, with some Lord Advocates later elevated to peerages or judicial offices such as the Inner House or the House of Lords.

Relationship with Scottish Government and Crown

The dual role requires the Lord Advocate to balance duties to the Scottish Government as legal adviser and to the Crown as prosecutor representing the public interest. This constitutional position creates potential tensions between ministerial collective responsibility in the Scottish Cabinet and prosecutorial independence enshrined in statutes and conventions. The office interacts with other Crown and UK law officers including the Attorney General for England and Wales and the Advocate General for Scotland on reserved matters, while cooperating with agencies such as the Police Scotland, the Crown Prosecution Service on cross-border issues, and the Crown Office administrative functions. Devolution has prompted legal disputes about competence and reserved/unreserved matters adjudicated by the Supreme Court of the United Kingdom and, historically, by the Judicial Committee of the Privy Council.

Officeholders and notable Lord Advocates

Prominent historical holders include Sir James Stewart (Lord Advocate), Henry Erskine, Robert Dundas of Arniston, and 20th-century figures such as Thomas Johnston and Wilfrid Normand. Contemporary Lord Advocates have included Elish Angiolini, the first woman to hold the post, and Frank Mulholland, who later became a judge of the Supreme Courts of Scotland. The office has seen party-affiliated appointments from Scottish Labour Party, Scottish Conservative and Unionist Party, and Scottish National Party administrations. Controversies involving prosecutions or advice to Ministers have made several incumbents subjects of parliamentary questions, judicial review, and media scrutiny from outlets covering Scottish public life.

Office of the Lord Advocate (structure and staff)

The Lord Advocate heads the Crown Office and Procurator Fiscal Service (COPFS), which includes the Procurator Fiscal network, Crown Counsel, and administrative divisions located in Edinburgh and regional offices across Scotland. Senior staff positions include Solicitor General for Scotland, the Crown Agent, and Advocate Deputes who prosecute in the High Court; legal support is provided by advocates accredited by the Faculty of Advocates and solicitors regulated by the Law Society of Scotland. The office engages with tribunals such as the Lord President's Chamber and coordinates forensic, investigative, and policy units for areas including cybercrime, human trafficking, and public protection. Training and professional standards are maintained in partnership with institutions like the Scottish Courts and Tribunals Service and academic centres at University of Edinburgh and University of Glasgow.

Category:Law officers of the Crown in Scotland Category:Scottish legal offices