Constitution for Scotland Public Consultation Hub

Section 9.8. The Lord Advocate is responsible for the Crown Office and the Solicitor General is responsible for the Procurator Service. Both appointments are made on the recommendation of the First Minister.

Proposed Amendments to Section

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Original Version

  • Avatar admin
    Administrator #1  •  2020-08-16 22:42:43

    Section 9.8. Section 9.8. The Lord Advocate is responsible for the Crown Office and the Solicitor General is responsible for the Procurator Service. Both appointments are made on the recommendation of the First Minister.

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Proposed Amendment to Section 9.8.

  • Caledonialan

    Section 9.8. Section 9.8. The Lord Advocate is responsible for the Crown Office and the Solicitor General is responsible for the Procurator Fiscal Service. Both appointments are made on the recommendation of the First Minister.

      • Allan Jaap

        Section 9.8. Is it appropriate that the Lord Advocate is a government appointee, how can impartiality be assured if the government can remove the Lord Advocate

          • Caledonialan

            Section 9.8. This section simply says that the Lord Advocate is responsible for the Crown Office (i.e., in that capacity, to a large extent, the equivalent of the Director of Public Prosecutions in England). That role does not really relate to any kind of impartiality vis-à-vis the government. What sort of guarantee of impartiality would you suggest? Perhaps the different roles of the Lord Advocate should be separated? But even so, who would appoint the person to the "DPP" role, if not the government? Or is it that the Lord Advocate's tenure should be specified and non-renewable?

              • Bennachie

                Section 9.8. Section 9.8. As these appointments by the First Minister could be viewed as lacking impartiality, should these Law Officers be appointed on the recommendation of the Judiciary on a specified, non-renewable tenure?

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