Public consultation process
Please scrutinise all the proposed amendments and replies before commenting or voting. Short comments are most often read and must not exceed 100 words.You can propose an Amendment at the bottom of this page - please read the guidelines .
Note that the original wording appears again first below and sustains the same comment & voting regime as all other amendment proposals.
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.
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.
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
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?
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?
Section 9.8. In the last ten years, there have been two "malicious" prosecutions at a cost of millions to the taxpayer. Somewhere in the constitution, there must be safeguards and procedures for holding the Judiciary to account. They have shown that they are not capable of adhering to Section 9.4.
Section 9.8. The law officers are not members of the judiciary. The judiciary does not bring prosecutions.