Constitution for Scotland Public Consultation Hub

Section 9.7. The Crown Office and Procurator Service is the independent prosecution service of Scotland and a Ministerial Department of the Scottish Government.

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Original Version

  • Avatar admin
    Administrator #1  •  2020-08-16 22:42:28

    Section 9.7. Section 9.7. The Crown Office and Procurator Service is the independent prosecution service of Scotland and a Ministerial Department of the Scottish Government.

      • BillC

        Section 9.7. It may have been called the Crown Office for a very long time now but, even if we decide to keep the monarch, I see no reason to keep calling it that. This comment by Gordon Dangerfield is relevant:
        "The fact is that the constitutional position of the Lord Advocate in Scotland is utterly untenable. He is a Minister in the Scottish Government who attends and participates in Cabinet meetings and gives the Government secret and confidential legal advice and he is the head prosecutor of crimes, including, whenever necessary, the crimes of Scottish Government officials and politicians."

        I've been told, officially, that COPFS is accountable to the Scottish Parliament, but I'm still waiting for an explanation of how that works in practice. The Cabinet Secretary for Justice might seem to be the person to oversee the COPFS but, in reality, that seems not to happen. Perhaps we need some lawyers (retired?) to pu their head above the parapet here and suggest a framework we might include.

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Proposed Amendment to Section 9.7.


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