Bain poised to step down as lord advocate

Dorothy Bain KC

Ms Bain, who was appointed by Nicola Sturgeon in 2021, is expected to depart as Mr Swinney prepares to form a new government following next week’s swearing-in of the Scottish Parliament.

Her exit comes after continued debate over the dual role of the lord advocate as both Scotland’s chief prosecutor and the Scottish government’s senior legal adviser.

Before becoming lord advocate, Ms Bain served as principal advocate depute between 2009 and 2011, becoming the first woman to hold the role.

During her tenure, she oversaw reforms aimed at tackling Scotland’s drug deaths crisis, including policies allowing people caught with Class A drugs to be diverted from prosecution. Critics described the approach as “de facto decriminalisation”.

Ms Bain also considered proposals for a supervised drug consumption facility, with a centre eventually opening in Glasgow in 2025.

She further played a key role in the constitutional debate by advising the Scottish government that holding a second independence referendum without a Section 30 order from Westminster would “likely be unlawful”.

Last year, she faced criticism after it emerged she had informed Mr Swinney of embezzlement charges facing former SNP chief executive Peter Murrell before they became public.

A Scottish government spokesperson said: “The Lord Advocate has indicated to the first minister that she intends to leave office.

“A new lord advocate will be appointed as part of the process of the formation of the new government. The first minister has extended his thanks to the lord advocate for her dedication and public service.

“As is normal following the election, the first minister is in the process of considering ministerial appointments, including the lord advocate.”