Scotland’s most senior law officer, Dorothy Bain KC, has informed First Minister John Swinney that she plans to step down as Lord Advocate, the Scottish Government has confirmed. Bain, appointed in June 2021 after being nominated by former first minister Nicola Sturgeon, has led the Crown Office and Procurator Fiscal Service while serving as the Scottish Government’s principal legal adviser.
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A Scottish Government spokesperson said: “A new lord advocate will be appointed as part of the process of the formation of the new government. The first minister has extended his thanks to the lord advocate for her dedication and public service.”
Bain’s tenure has attracted political scrutiny over the dual role of the Lord Advocate, who sits in Cabinet as chief legal adviser while also acting as Scotland’s chief public prosecutor. Earlier this year she faced criticism after it emerged she told Swinney about the criminal charge against former SNP chief executive Peter Murrell around ten months before it became public, prompting renewed calls to separate the advisory and prosecutorial functions.
Ministers are expected to bring forward a nomination for her successor, who will require the approval of the Scottish Parliament, with the future shape of the role likely to remain a live issue in the new parliamentary term.
