Consultation outcome

Devolution acts and issues of the Lord Advocate

This consultation has concluded

Download the full outcome

Devolution issues and acts of the Lord Advocate – response to the informal consultation

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Consultation response: Aidan O' Neill QC

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Consultation response: Cabinet Secretary for Justice

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Consultation response: Equality and Human Rights Commission

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Consultation Response: Faculty of Advocates

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Consultation response: Iain Jamieson

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Consultation response: judiciary in the Court of Session and High Court of Justiciary

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Consultation response: Justice

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Consultation response: Law Society of Scotland

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Consultation response: Lord Advocate

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Consultation response: Lord Hope of Craighead

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Consultation response: Professor Alan Page

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Consultation response: Professor Tony Kelly

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Consultation response: Roy Martin QC

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Consultation response: Scottish Human Rights Commission

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Consultation response : Scottish Law Commission

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Consultation response: Sheriff Kenneth Maciver

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Consultation response: Sheriffs' Association

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Expert Group report

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Detail of outcome

Details of recommendations for amendments to the Scotland Bill to prevent devolution issues arising from acts of the Lord Advocate.

Original consultation

This consultation ran from 24 September 2010 12:00am to
22 October 2010 11:45pm

Summary

Seeking views on how acts of the Lord Advocate as head of the system of prosecutions might create devolution issues.

Documents

Devolution issues and acts of the Lord Advocate - section 57(2) - informal consultation paper

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Consultation description

This informal consultation concerns the way in which acts of the Lord Advocate in her capacity as head of the system of prosecutions might give rise to devolution issues under the Scotland Act.

This is an issue which the recent Calman Commission considered, but on which they did not consider it appropriate to make any recommendation. The Commission recognised that this matter gives rise to important issues affecting prosecutions in Scotland. Indeed, they received concerned comment from the Judiciary in the Court of Session on its effect in practice. The Commission considered, however, that it gave rise to issues beyond its remit and concluded, therefore, that it would be inappropriate to make recommendations in that regard.

The Advocate General has now established a group of experts to consider this issue afresh, to assess the extent to which it causes problems in practice for the courts and the operation of the criminal justice system and to make recommendations in relation to any reform which the group considers appropriate.

To inform the expert group’s deliberations, the Advocate General also wishes to conduct a short, informal, focused consultation with representative bodies and other interested parties on the matters it raises. Details are given in the attached consultation document.

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