The Scottish law officer who holds the keys to the state

Science · Published 20 October 2026 Swipe more like this →

In short: In Scotland, one individual balances a profound paradox: they are simultaneously the government's chief legal advisor and its head public prosecutor. This dual role makes the Lord Advocate a pillar of the state, but it also creates a structural tension that some judges argue compromises the very separation of powers.

The office of Lord Advocate is one of the Great Officers of State, with roots stretching back to at least 1483. While the title was first used in 1573, the role has historically been a powerhouse of authority. In 1725, following the formation of the Kingdom of Great Britain, the Lord Advocate became effectively the only remaining Scottish Minister within the British Government. By 1824, the position was described so broadly that it was said to be the 'Privy Council of Scotland,' the 'Commander in Chief of the Forces,' and the 'guardian of the whole police.'

The modern role was refined by the Secretary for Scotland Act 1885, which stripped away non-legal administrative powers to return the office to its core legal functions. However, the role remains uniquely powerful. The Lord Advocate advises the Scottish Government on all policy and legislation, determines the legislative competence of new bills, and oversees the Crown Office and Procurator Fiscal Service. This means they lead the system of criminal prosecutions and the investigation of all sudden, suspicious, or unexplained deaths in Scotland.

This concentration of power has sparked significant debate. In the 2008 Greshornish House Accord, legal scholars argued that having the government's chief legal adviser also head all criminal prosecutions creates a potential conflict of interest. Scotland's supreme court justices mirrored this opinion, proposing that the public prosecution system's leadership role be removed from the Lord Advocate. They noted that the current structure has led to a 'plethora of disputed issues' and consequential delays in trials and appeals, highlighting a fundamental tension between executive advice and independent justice.

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