Law officers of the Crown

Law officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers.

The Scottish Government has two law officers, the Lord Advocate and the Solicitor General for Scotland, with the Lord Advocate being the most senior law officer in Scotland and is the chief legal adviser to the Scottish Government.

Following devolution, a new position of Advocate General for Scotland was created to advise the UK Government on matters of Scots law.

The Attorney General is a barrister and can appear in court in person, though in practice he/she rarely does so, and then only in cases of outstanding national importance.

As a result, these functions were split between: Under the 1999 constitutional reforms brought about by the Scotland Act 1998,[5] the Lord Advocate has become the most senior law officer of the Scottish Government,[6] acting as the chief legal adviser, as well as ultimately being responsible for the functioning of Scots law with all prosecutions on indictment in Scotland being conducted in the name of the Lord Advocate.

[8] Although not a member of the Scottish cabinet, the Lord Advocate is a member of the Cabinet Sub-Committee on Legislation, and contributes to the drafting, delivery and implementation of parliamentary bills and subsequent laws by way of attending Ministerial Bill Management Meetings.

[9] and The office holder of the post of Lord Advocate is the chief legal adviser to the Scottish Government and the crown in Scotland.

The Lord Advocate serves as the head of the criminal prosecution system and has sole responsibility for the investigation of deaths within Scotland.

[12] The Lord Advocate, held by Dorothy Bain, since 22 June 2021, heads the Crown Office and Procurator Fiscal Service and is the chief public prosecutor in Scotland.

It is not within the powers of the Scottish Parliament to remove the incumbent Lord Advocate from their post as head of the systems of criminal prosecution and investigation of deaths.

Like other law officers elsewhere in the United Kingdom, the Lord Advocate has a statutory duty in ensuring that all bills passed by the Scottish Parliament are within its legislative competence.

[13] The Lord Advocate is assisted by the Solicitor General for Scotland, held by Ruth Charteris, since 22 June 2021.

[14] As with the Lord Advocate, the Solicitor General is appointed by the monarch on the recommendation of the incumbent First Minister of Scotland.

[17] Meanwhile, the United Kingdom Government is advised on Scots law by the Advocate General for Scotland, and from 1707 to 1998, the Lord Advocate was the chief legal adviser of the British Government and the Crown on Scottish legal matters, both civil and criminal, until the Scotland Act 1998 devolved most domestic affairs to the Scottish Parliament.