Scotland's top law officer Dorothy Bain to step down

News imagePA Media Dorothy Bain, who has long dark hair tied back under a court wig, looks straight at the camera. PA Media
Lord Advocate Dorothy Bain has been in post since 2021

Scotland's top law officer is stepping down after five years as head of the country's prosecution service.

Lord Advocate Dorothy Bain KC leads the Crown Office and Procurator Fiscal Service and also acts as chief legal adviser to the Scottish government.

Earlier this year, Bain was at the centre of a political row when it emerged she had given First Minister John Swinney information about the prosecution of former SNP chief executive Peter Murrell on embezzlement charges.

Opposition politicians called for an end to the lord advocate's dual role but SNP ministers said they had no plans to make changes.

Bain's departure was expected and follows a recent pattern of lord advocates leaving office after five years in office.

The Scottish government said that Bain has indicated that she "intends to leave office".

John Swinney is currently considering ministerial appointments, including the lord advocate, in the expectation that he is reappointed as first minister next week.

Bain was appointed lord advocate in June 2021 after she was nominated for the post by former first minister Nicola Sturgeon.

During her time in office Bain has brought about major changes in the rules on evidence in sexual offence cases.

She introduced changes to strengthen the prosecution of serious crimes by allowing victims' statements to carry more weight as evidence and improved support for victims.

She also oversaw the diverting of some offenders, such as in drug cases, towards treatment instead of prosecution.

Bain served as an advocate depute in the Crown Office from 2002 to 2011, securing the first murder conviction against serial killer Peter Tobin during that time.

In 2009 she was appointed the principal advocate depute, becoming the first woman to be appointed to this post.

A Scottish government spokesperson said: "A new lord advocate will be appointed as part of the process of the formation of the new government.

"The first minister has extended his thanks to the lord advocate for her dedication and public service."

Scottish Conservative leader Russell Findlay responded to Bain's announcement by again calling for the end of the "cosy" dual role of lord advocate as Scotland's most senior prosecutor and a member of the government.

"To rebuild public confidence, Swinney must heed our demands that the post of lord advocate is completely separated from government," he said.