Scottish law officers independent review: terms of reference
- Published
- 29 September 2026
- Topic
- Law and order, Public sector
The terms of reference of the independent review of the roles and functions of the Scottish law officers.
The review’s purpose is to consider whether the current roles and functions of the Scottish Law Officers (the Lord Advocate and the Solicitor General for Scotland) remain the most appropriate and effective arrangements for Scotland.
The review will analyse and assess the current arrangements in order to make detailed and practical recommendations to the Scottish Ministers on whether changes should be made to the current arrangements and, if so, what form those changes should take. It will be open to all conclusions, including that the current arrangements should be retained.
In carrying out its work the review will engage with groups and individuals with an interest in these issues.
The review will be supported by a reference group, appointed by the chair, who will bring wider perspectives and expertise.
The review will consider and report on:
- the advantages and disadvantages of the Lord Advocate (and Solicitor General when acting on their behalf) serving both as head of the systems of criminal prosecution and investigation of deaths in Scotland; and as the minister who is the principal legal adviser to the Scottish Government and responsible for upholding the rule of law through provision of legal advice to the Scottish Government
- how this ‘dual role’ - and the safeguards in place to protect the independence of prosecutorial decision-making - work in practice, including how the parameters of the dual role are understood and observed at both ministerial level and official level
- alternative models for the law officers’ roles and functions – including models used in the other UK jurisdictions, and in other jurisdictions selected by the review for their relevance - and the implications of these models for the rule of law, effective government, the administration of justice, ministerial accountability to the Scottish Parliament and the public and public confidence in the system
- any legislative, institutional, administrative or operational changes that would be required to implement its recommendations
- barriers to public and stakeholder understanding of the law officers’ roles, and measures that could support transparency and confidence in the operation of the roles