Kemi Badenoch dropped a political bombshell at the Scottish Tory conference, promising to end the centuries-old dual role of Scotland’s Lord Advocate and branding the current setup “absurd” while the top prosecutor sits in an SNP cabinet overseeing cases against senior SNP figures.
The Conservative leader’s explosive intervention comes as fresh details emerge about Lord Advocate Dorothy Bain KC personally briefing First Minister John Swinney about serious charges facing former SNP chief executive Peter Murrell, Nicola Sturgeon’s husband, weeks before the public knew.
What Sparked the Latest Fury
The row exploded after it emerged that Dorothy Bain told John Swinney on 19 January that Police Scotland planned to charge Peter Murrell with embezzlement as part of the long-running Operation Branchform investigation into SNP finances.
Murrell, who ran the party for over two decades, finally faced the embezzlement charge in open court almost a month later.
Critics immediately branded the private heads-up to the First Minister as evidence that Scotland’s top prosecutor is too close to the SNP government she is meant to hold to account.
Kemi Badenoch seized on the revelation, declaring the arrangement “completely unacceptable” and vowing to legislate to separate the roles if the Conservatives return to power.
The Unusual Dual Role Explained
Scotland remains the only part of the UK where the same person acts as both chief prosecutor and principal legal adviser to the government.
The Lord Advocate heads the Crown Office and Procurator Fiscal Service while also attending Scottish Cabinet meetings and advising ministers on legality.
In practice, Dorothy Bain sits at the same table as the very SNP ministers whose party colleagues her prosecutors are investigating and charging.
Successive reports, including one by the respected judge Lord Mackay in 2010, have recommended splitting the roles to protect the independence of prosecutions.
Even the SNP promised to separate them when they first took power in 2007, but quietly dropped the pledge.
How England Does It Differently
| Country/Region | Head of Prosecutions | Government Legal Adviser | Attends Cabinet? |
|---|---|---|---|
| Scotland | Lord Advocate (Dorothy Bain KC) | Lord Advocate (same person) | Yes |
| England & Wales | Director of Public Prosecutions | Attorney General | No (DPP) |
The English model keeps prosecutions completely separate from government influence. Scottish critics argue the current system creates at least the appearance of conflict, especially when SNP figures are in the dock.
Political Reactions Pour In
John Swinney rushed to defend Dorothy Bain, praising her “unimpeachable service” and insisting she acts with complete independence.
Scottish Labour leader Anas Sarwar stopped short of backing Badenoch’s plan but admitted the current arrangement “raises questions” that need answered.
Senior legal figures told journalists the private briefing to Swinney was standard protocol, but the optics are terrible while Murrell and potentially other SNP figures face trial.
One former Lord Advocate privately admitted to friends that the dual role has become “increasingly uncomfortable” during the SNP finance probe.
Why This Matters for Ordinary Scots
Most people never think about the Lord Advocate until something goes dramatically wrong.
But when the husband of the former First Minister is charged with embezzling party funds and the prosecutor personally briefs the current First Minister weeks in advance, public trust takes a serious hit.
Kemi Badenoch’s promise taps into a deep well of frustration that Scotland’s justice system looks too cosy with the SNP government it is supposed to police.
The Operation Branchform investigation has already lasted nearly four years, seen luxury campervans seized, tents erected in gardens, and now delivers embezzlement charges against the party’s former chief executive.
Yet throughout it all, the person ultimately responsible for those prosecutions has continued to sit in Cabinet with SNP ministers.
Badenoch’s pledge, delivered to cheering Scottish Tory delegates, marks the strongest commitment yet from a UK party leader to finally deliver the separation that has been promised and postponed for decades.
Whether Westminster could actually force the change remains constitutionally tricky, criminal justice is devolved, but Badenoch insisted she would make it an early priority.
For many Scots watching their politics descend into bitter recriminations and criminal charges, the Conservative leader’s intervention felt like a rare moment of someone finally saying the obvious out loud.
The justice system must not just be independent. It must be seen to be independent. Right now, too many people look at Dorothy Bain attending SNP Cabinet meetings and struggle to believe that is truly the case.
Badenoch has thrown down the gauntlet. The question now is whether Scotland’s politicians have the courage to pick it up.
What do you think, should the Lord Advocate’s dual role finally be split after all these years? Drop your thoughts in the comments below.
