The review of the two law officer posts will consider:

• Whether the roles of the lord advocate and solicitor general are still the most appropriate and effective arrangements for Scotland
• The advantages and disadvantages of the lord advocate holding both roles as head of criminal prosecutions in Scotland and the principal legal advisor to the Scottish government
• Alternative law officer models, including those used in other parts of the UK.
• Lord Boyd will appoint a reference group to support his work, bringing a range of expertise to the review. It will begin in the new year and present its findings and recommendations to Ministers later in 2027.

Making the announcement to the Scottish Parliament, Mr Swinney said: “Over the centuries, the roles of the Law Officers have not remained static. They have changed alongside Scotland’s society, institutions and constitutional framework to meet the needs of the people that they serve.

“The current system has ensured that government policy is informed by expert legal advice and guided by the rule of law, while the lord advocate remains directly accountable to Parliament for the exercise of her prosecutorial functions.

“However, no system, however long standing, should be beyond examination. It is right that we consider whether the current arrangements continue to serve modern Scotland as effectively as they can.”

Lord Boyd of Duncansby said: “I am very pleased to have been asked by the first minister to conduct this review. The issues it will consider are of fundamental importance to the administration of justice in Scotland.

“Any recommendations must safeguard the independence and integrity of the prosecution system, sustain public confidence, strengthen accountability, and ensure that Ministers continue to receive high-quality, professional legal advice.

“I approach the task with an open mind and will consult widely before making my recommendations to Ministers in due course.”

Scottish Liberal Democrat leader Alex Cole-Hamilton MSP said: “In 2021, this government did recognise the urgent need for reform of Scotland’s law officers. We don’t need another review to tell us that.

“The solutions are staring us in the face. There is an inherent conflict of interest in the lord advocate’s current dual role. That’s why Liberal Democrats have long called for an independent director of public prosecutions.

“We also need a separate function and a complete overhaul of the system of fatal accident inquiries because right now there are hundreds of families waiting for answers as to what happened to their loved ones due to the backlog.

“The first minister was largely silent on solutions like this in his statement but can I ask him, as he makes representations to the inquiry, will he lend support to solutions proposed by the Liberal Democrats?”