Exclusive:Lord Advocate Dorothy Bain tells John Swinney she is standing down
First Minister John Swinney is searching for a new Lord Advocate
Dorothy Bain is poised to stand down as Lord Advocate, The Scotsman understands.
Ms Bain, who was appointed by Nicola Sturgeon in 2021, has informed First Minister John Swinney that she “intends to leave office” as the SNP leader seeks out a replacement.
The decision comes as the new Scottish Parliament is set to swear in Mr Swinney as first minister next week and comes after a row over the dual role of the Lord Advocate that opponents have tried to overshadow her time in office.
In February, Mr Swinney insisted he had “absolute confidence” in Ms Bain .
“She is trusted by every practising lawyer and every judge in the country”, he added.
“She alone is responsible for more cases of sexual violence of men against women being brought to justice than any other person.”
Ms Bain previously served as the principal advocate depute from 2009 to 2011, becoming the first woman to hold that prosecutorial position in Scotland.
After succeeding James Wolffe as Lord Advocate in 2021, Ms Bain updated parliament on a radical reform of drug policy in Scotland in an attempt to tackle the drug deaths crisis. The move meant that people caught with Class A drugs would be offered diversion from prosecution, but was branded by opponents as a “de facto decriminalisation".
Later that year, Ms Bain also considered plans for a drug consumption room, with a facility opening in Glasgow in 2025.
Ms Bain hindered Ms Sturgeon’s government from holding a referendum on independence at Holyrood. After the then-first minister wanted the Lord Advocate to refer the matter to the Supreme Court, Ms Bain advised the Scottish government that holding a re-run of the 2014 vote without a Section 30 order from Westminster would “likely be unlawful”.
But since her appointment in 2021, the dual role of the Lord Advocate has been scrutinised - with appeals for the roles of the Scottish government’s most senior law adviser and also Scotland’s top prosecutor to be split in separate roles.
Last year, Ms Bain was accused of “misleading parliament” by political opponents after it was revealed she had informed Mr Swinney that Peter Murrell, the former chief executive of the SNP, of the embezzlement charges he was facing, before they were made public.
Last month, Mr Swinney confirmed that no decision on the future of the Lord Advocate’s roles would be made until after May’s Holyrood election, branding the current set-up “appropriate”.
Scottish Conservative leader, Russell Findlay, said: “Nicola Sturgeon's hand-picked Lord Advocate pushed contentious SNP policies such as scrapping jury trials and decriminalising possession of heroin and crack cocaine at the stoke of a pen.
"She then went on to share secret information with John Swinney about the criminal case involving Sturgeon's estranged husband.”
He added: “These are just some of the reasons why the Lord Advocate's cosy dual role as Scotland's most senior prosecutor and member of the government must end.
"To rebuild public confidence, Swinney must heed our demands that the post of Lord Advocate is completely separated from government."
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.”
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