He is the senior of the two Law Officers, along with the Solicitor General for Scotland. Both are appointed by the Queen on the recommendation of the First Minister, with the agreement of the Scottish Parliament.
Is the Lord Advocate in Scotland a political appointment?
Parliamentary and government role
Since devolution, the Lord Advocate has been an automatically ex officio member of the Scottish Government.
Who can remove the Lord Advocate?
It is outside the legislative competence of the Parliament to remove the Lord Advocate from her position as head of the systems of criminal prosecution and investigation of deaths (SA s. 29(2)(e)).
What is the role of the Lord Advocate?
Responsibilities. The Lord Advocate is the senior Scottish Law Officer. He or she is head of the systems for the prosecution of crime and investigation of deaths in Scotland; and exercises those functions independently of any other person. All prosecutions on indictment run in the Lord Advocate’s name.
Who is in charge of the Scottish Crown Office?
In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown.
Crown Office and Procurator Fiscal Service.
|Minister responsible||Dorothy Bain QC, Lord Advocate|
|Agency executive||David Harvie, Crown Agent|
|Parent agency||Scottish Government|
Is the Lord Advocate a member of the Scottish Government?
The Lord Advocate is a Minister of the Scottish Government and acts as principal legal adviser, but decisions by him about criminal prosecutions and the investigation of deaths are taken independently of any other person. In that way, he is not subject to the ordinary rules about collective ministerial decisions.
What are the other duties of an advocate depute?
Advocates Depute prosecute cases in the High Court, appear on behalf of the Crown in the criminal Appeal Court, make decisions about Fatal Accident Inquiries, and also assist and provide legal advice to the Procurators Fiscal on issues of complexity or sensitivity.
Who is the Lord Advocate accountable to?
The Lord Advocate and the Solicitor General are to be accountable to the legislature in Edinburgh rather than London. Even prior to 1998 there were difficulties with this compromise.
How much does an MSP earn?
Members of the Scottish Parliament are each given an annual salary of £64,470 but the First Minister, cabinet secretaries and presiding officer all make significantly more. MSPs haven’t had a pay rise since 2019, after taking a 1.4% increase.
How much does an advocate depute earn?
Advocates based in the Procurator Fiscal Service as Advocate Depute can earn in the region of around £88,000 to £138,000 a year. Trained lawyers working for the Government Legal Service for Scotland (GLSS) can earn £47,000 a year, rising to around £58,000 a year with experience.
What is a fiscal depute?
A Procurator Fiscal Depute takes decisions on criminal proceedings, conducts courts and works closely with the police and other criminal justice partners.
Can I speak to the procurator fiscal?
You can contact us in person at your local Procurator Fiscal’s office, by telephoning our National Enquiry Point on 01389 739 557, or in writing by emailing us at RIU@copfs.gsi.gov.uk or by writing to Response and Information Unit, Crown Office, 25 Chambers Street, Edinburgh, EH1 1LA.
What happens if a witness doesn’t go to court Scotland?
All witnesses must give evidence in court rather than have their statements read out. Failing to attend may result in a warrant being issued for your arrest. The procurator fiscal or police will contact you if you are no longer needed to give evidence.