Legal Definitions - Lord Advocate

The Lord Advocate is a unique and highly significant legal and political figure within Scotland. This individual serves as the principal legal officer of the Scottish Government and holds several critical responsibilities within the Scottish legal system.

Their key roles include:

• Serving as the chief public prosecutor for all crimes in Scotland, overseeing the prosecution of criminal cases on behalf of the Crown.
• Acting as the principal legal adviser to the Scottish Government on matters of Scots law, providing expert guidance on policy and legislation.
• Representing the Scottish Government's interests as the principal Crown counsel in civil legal disputes.

Here are some examples illustrating the diverse functions of the Lord Advocate:

• Example 1: Criminal Prosecution

  Imagine a complex case involving a large-scale environmental crime where a company is accused of illegally polluting a Scottish river. The Lord Advocate would be ultimately responsible for deciding whether to bring charges against the company and its directors. Their office would then oversee the prosecution process, ensuring that the case is pursued rigorously in the Scottish courts to uphold environmental law and protect public interest.

  This demonstrates the Lord Advocate's role as the chief public prosecutor, making crucial decisions about criminal proceedings and leading the state's efforts to enforce criminal law.

• Example 2: Government Legal Advice

  Suppose the Scottish Parliament is debating a new bill to reform the country's education system. Before the bill is finalized and passed into law, ministers in the Scottish Government need to ensure that all its provisions are legally sound and comply with existing Scots law and international obligations. The Lord Advocate would provide comprehensive legal advice to the government on the proposed legislation, highlighting any potential legal challenges or necessary amendments to ensure its legality and effectiveness.

  This illustrates the Lord Advocate's function as the principal legal adviser to the Scottish Government, guiding them on the legal implications of policy and legislative proposals.

• Example 3: Civil Representation

  Consider a scenario where a group of citizens launches a judicial review against a decision made by a Scottish Government agency, arguing that the agency acted beyond its legal powers. The Lord Advocate's office would represent the Scottish Government and the agency in court, defending the legality of the decision and presenting arguments to uphold the government's position in this civil dispute.

  This highlights the Lord Advocate's role as the principal Crown counsel in civil cases, representing the government's interests when it is involved in non-criminal legal challenges.