Devolution acts and issues of the Lord Advocate

This informal consultation concerns the way in which acts of the Lord Advocate in her capacity as head of the system of prosecutions might give rise to devolution issues under the Scotland Act.

This is an issue which the recent Calman Commission considered, but on which they did not consider it appropriate to make any recommendation. The Commission recognised that this matter gives rise to important issues affecting prosecutions in Scotland. Indeed, they received concerned comment from the Judiciary in the Court of Session on its effect in practice. The Commission considered, however, that it gave rise to issues beyond its remit and concluded, therefore, that it would be inappropriate to make recommendations in that regard.

The Advocate General has now established a group of experts to consider this issue afresh, to assess the extent to which it causes problems in practice for the courts and the operation of the criminal justice system and to make recommendations in relation to any reform which the group considers appropriate.

To inform the expert group’s deliberations, the Advocate General also wishes to conduct a short, informal, focused consultation with representative bodies and other interested parties on the matters it raises. Details are given in the attached consultation document.