Appointment of Queen's Counsel in Scotland 2022

A report by Bill Thomson, an independent observer that has been engaged by the Scottish Government to report on the fairness and objectivity of the process for the Appointment of Queen's Counsel in Scotland.


Applications

Twenty five applications were received, including twenty three from advocates and two from solicitor advocates. Both solicitor advocates are male.

Eight female advocates applied. This represents an increase over the previous year in numerical and percentage terms: 8/25 (32%) in 2022 as compared to 5/21 (23.8%) in 2021. At 34% of the total number of applications from advocates, it exceeds the percentage of practising advocates who are female (123/440 – 28% per the Faculty of Advocates' website).

Applicants completed a self-assessment form addressing their fitness for appointment in terms of the criteria set out in paragraphs 3.2 to 3.5 of the Guide: Advocacy, Legal Ability and Experience, and Professional Qualities. All applicants also completed a confidential equalities monitoring form, giving details of gender and place of origin.

I noted in my report on the 2021 round of applications that the Dean of the Faculty of Advocates had observed that there was a shortage of Queen's Counsel who specialise in Family Law and Criminal Defence work. I am advised that there was a further, informal discussion between the Lord Justice General and the Dean of the Faculty in advance of the current round. Fourteen of the advocates who applied and both solicitor advocates practise at the criminal bar. One applicant is a specialist in Family Law. It appears that the need for additional King's Counsel experienced in these fields has been noted.

Contact

Email: Diane.Morrison@gov.scot

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