Legal Definitions - King's advocate

The term King's Advocate refers to the principal legal officer of the Scottish Government and the head of the prosecution system in Scotland, specifically when a male monarch is reigning. The official title of this office is the Lord Advocate. When a Queen reigns, the term would historically be "Queen's Advocate."

The Lord Advocate holds a unique dual role:

• They serve as the chief legal advisor to the Scottish Government, providing counsel on all legal matters pertaining to government policy, legislation, and executive actions.
• They are also the independent head of the prosecution system in Scotland, overseeing all criminal prosecutions conducted by the Crown Office and Procurator Fiscal Service. In this capacity, they make decisions on whether to prosecute, what charges to bring, and direct the overall strategy for criminal justice in Scotland, acting independently of the government in prosecutorial matters.

Here are some examples illustrating the role of the King's Advocate (Lord Advocate):

• Example 1: Advising on New Legislation
  The Scottish Government is developing a groundbreaking new policy to regulate artificial intelligence within Scotland. Before presenting the draft bill to Parliament, the King's Advocate would be consulted to rigorously review the proposed legislation. Their role would be to ensure the bill is legally sound, complies with existing Scottish, UK, and international law, and falls within the legislative competence of the Scottish Parliament. This demonstrates their function as the primary legal advisor to the government.

• Example 2: Directing a High-Profile Criminal Investigation
  Following a complex and high-profile incident involving a major data breach affecting thousands of Scottish citizens, the police conduct an extensive investigation. Once the police submit their report, the King's Advocate, as the head of the prosecution service, would personally review the evidence. They would then make the ultimate decision on whether to bring criminal charges against any individuals or organizations, what specific charges would be appropriate, and oversee the strategic direction of any subsequent prosecution. This highlights their independent authority over criminal justice matters.

• Example 3: Representing the Crown in a Public Inquiry
  A significant public inquiry is established to investigate a major infrastructure project in Scotland that experienced severe delays and cost overruns. The inquiry needs to understand the legal responsibilities and actions of various government departments. The King's Advocate would represent the interests of the Crown and the Scottish Government during these proceedings, presenting legal arguments, clarifying the government's position, and ensuring that legal protocols are followed throughout the inquiry. This illustrates their role in representing the Crown and government in legal forums.