Scott Styles recently discussed the reformation of the roles of Lord Advocate and Solicitor General.
The Lord Advocate carries out two roles. The Lord Advocate is head of the Crown Office and Procurator Fiscal Service and is minister of the Scottish government as its chief legal advisor. This has raised questions for legal scholars as to the conflict between these two roles. The Alex Salmond trial in 2020 brought attention to this issue. The Lord Advocate faced criticism and it is likely that this could have been avoided if the roles were separate.
In order to achieve this separation it would have to be done through a lacuna in the legislation. This would allow the Scottish government to separate the roles. Styles view is that the Lord Advocate should continue to be head of the prosecution but should not attend cabinet meetings. Allowing the Lord Advoate to focus on their role within COPFS and the government role should be taken on by the Solicitor General.
Also, it has been considered that in the future the offices of Lord Advocate and Solicitor General should have limited professional dealings. Further to this, they should carry out their roles independently of one another. In turn, this would ensure the Lord Advocate could carry out the role without facing suspicion due to polictical influence. The Solicior General would act as a government minister and advisor.
Those who share the same views as Scott Styles feel that this would ensure a distinction between politics and prosecution.