The role of the lord advocate – who serves as both the Scottish government’s senior legal adviser and head of the systems of criminal prosecution and investigation of deaths – has come under increasing public and political scrutiny in recent years.

The SNP’s 2021 manifesto committed to consulting on whether the lord advocate’s dual role “should be separated”. The professional body for more than 14,000 Scottish solicitors has now urged the Scottish government to deliver on its commitment to hold a public consultation and consider whether reform of the roles of the law officers is needed, and if so, what form it should take.

Law Society of Scotland president Serena Sutherland said: “Scotland has been fortunate to have had a succession of distinguished Law Officers who have carried out their duties with professionalism, integrity and independence. The new lord advocate in particular is an experienced, highly respected and distinguished lawyer whose expertise and judgment will serve the office exceptionally well. Our country is also well served by an effective and skilled Crown Office with a long and proud track record of acting robustly and independently in prosecuting crime and investigating deaths.

“This issue is about constitutional, legal principles and the current system, not about the many committed lawyers who serve within it. The question is rather whether the current constitutional arrangements remain the right ones for Scotland.

“Should the same person serve as both a Scottish government minister and its most senior legal adviser, while also heading the system of prosecution? That is an important constitutional question which deserves careful public consideration.

“The Scottish government committed in 2021 to consult on whether these roles should be separated. We believe the time is right to honour that commitment and begin a comprehensive public consultation.

“Any change would be highly complex and take time to deliver. That is precisely why a thorough public consultation is needed. It should encourage a properly informed and wide-ranging discussion across the justice sector and wider society. Importantly, it would allow any future decisions to be based on objective evidence and constitutional principle, rather than a political agenda, and ultimately on what is in Scotland’s best interests.”