Judges claim Lord Advocate should be stripped of most powers

Published on Sunday 2 November 2008 00:34

THE constitutional position of Scotland's senior prosecutor has been attacked by a group of influential judges, who have suggested that most of her powers should be removed.

In a submission to the Calman Commission on the future of devolution, the judges say there is a problem with the Lord Advocate – currently Elish Angiolini – being both a member of the Scottish Government and the independent head of the prosecution service. They say the Lord Advocate's dual role has led to a "substantial number" of challenges from prisoners on human rights grounds, choking the court system and delaying trials.

The judges suggest stripping the Lord Advocate of her prosecution role and creating a separate Director of Public Prosecutions instead, introducing a similar model to that operating in England and Wales.

They admit this would "rob the Lord Advocate of most of her functions", and leave her a mere legal adviser to the Government.

The Lord Advocate has been the most senior public prosecutor in Scotland since 1587.

Last year Alex Salmond acknowledged the disquiet over the Lord Advocate's position by saying Angiolini would no longer attend Cabinet meetings in order to distance her from political discussions.

But she and her fellow law officer, the Solicitor General, remain members of the Government – a position that can only be changed by amending the Scotland Act.

Bill Aitken, Tory justice spokesman, said: "It's time there was a review. The problem is how we remedy this."