Lord Advocate


Lord Advocate

Her Majesty's Advocate (or when the monarch is male His Majesty's Advocate), known as the Lord Advocate ( _gd. Morair Tagraidh), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. He or she is the chief public prosecutor for Scotland and all prosecutions on indictment are conducted by the Crown Office, nominally in his or her name.

The officeholder is one of the Great Officers of State of Scotland. The current Lord Advocate is the Rt. Hon. Elish Angiolini, QC, appointed on 5 October 2006. She is the first woman, first Procurator Fiscal, and the first solicitor to be appointed to the post.

History

It is an ancient office dating back to at least 1483, when John Ross is mentioned as His Majesty's Advocate to King James III.

From 1707 to 1998 the Lord Advocate was the chief legal adviser of the government of the Kingdom of Great Britain and the Crown in Scotland, for both civil and criminal matters, until the passing of the Scotland Act 1998 which devolved most domestic affairs to the Scottish Parliament. The United Kingdom government is now advised on Scots law by the Advocate General for Scotland.

The Lord Advocate is not head of the Faculty of Advocates; that position is held by the Dean of the Faculty of Advocates.

Parliamentary and Government Role

Until devolution in 1999, all Lord Advocates were, by convention, members of the United Kingdom government, although the post was not normally in the Cabinet. Since devolution, section 44 of the Scotland Act 1998 provides that the Lord Advocate is automatically a member of the Scottish Executive.

From 1999 until 2007, the Lord Advocate attended the weekly Scottish Cabinet meetings. However, after the 2007 election, the new First Minister Alex Salmond decided that Lord Advocate would no longer attend the Scottish Cabinet, stating he wished to "de-politicise the post". [ [http://thescotsman.scotsman.com/index.cfm?id=798472007 "Lord Advocate excluded from new Cabinet"] , "The Scotsman", 23 May 2007]

Until devolution, all Lord Advocates were, by convention, members of either the House of Commons or the House of Lords to allow them to speak for the Government. Those who were not already Members of Parliament received a life peerage on appointment. Since devolution, section 27 of the Scotland Act 1998 permits the Lord Advocate and the Solicitor General for Scotland to attend and speak in the Scottish Parliament "ex officio", even if they are not Members of the Scottish Parliament.

Future careers of Lord Advocates

Appointments as Senators of the College of Justice were formerly made on the nomination of the Lord Advocate. Every Lord Advocate between 1842 and 1967 has been appointed to the bench, either on demitting office or at a later date, and of the more recent former Lord Advocates all except Henry Stephen Wilson, Pete Fraser and Colin Boyd have been appointed to the bench. Many Lord Advocates in fact nominated themselves for appointment as Lord President of the Court of Session or as Lord Justice Clerk

Crown Office and Procurator Fiscal Service

The Crown Office and Procurator Fiscal Service is headed by the Lord Advocate and the Solicitor General for Scotland, and is the public prosecution service in Scotland. It also carries out functions which are broadly equivalent to the coroner in common law jurisdictions. Incorporated within the Crown Office is the Legal Secretariat to the Lord Advocate.

Lords Advocate

*John Ross: 1483 or earlier - 1494
*James Henryson of Fordell: 1494 - 1503
*Richard Lawson of Heirigs: 1503 - 1521
*James Wishart of Pittarrow: 1521 - 1525
*Adam Otterburn of Reidhall: 1525 - 1527
*John Foulis "and" Adam Otterburn of Reidhall: 1527 - 1533
*Adam Otterburn "and" Henry Lauder: 1533 - 1538
*Henry Lauder: 1538 - 1561
*Henry Balnaves, to Mary I
*Thomas Cumin, Lord of Session
*John Spens of Condie, Lord Condie: 1561
*Robert Crichton of Eliok, Lord Eliok
*David Borthwick of Lochhill: 1573 - 1582
*David Macgill of Cranston-Riddell, and Nisbet: 1582 - 1589
*John Skene: 1589 - 1594
*William Hart of Livelands: 1594
*Andrew Logie: 1594 - 1595
*Sir Thomas Hamilton "and" David Macgill: 1595
*Sir Thomas Hamilton: 1596 - 1612
*Sir William Oliphant: 1612 - 1626
*Sir Thomas Hope, 1st Baronet: 1626 - 1641
*Sir Archibald Johnston: 1646 -
*Sir Thomas Nicholson
*Sir Archibald Primrose: 1659 - 1661
*Sir John Fletcher: 1661 - 1664
*Sir John Nisbet: 1664 - 1677
*Sir George Mackenzie of Rosehaugh: 1677 - 1687
*John Dalrymple: 1687 - 1688
*Sir George Mackenzie: 1688 - 1689
*John Dalrymple: 1689 - 1692
*Sir James Stewart 1692 - 1709
*Sir David Dalrymple, 1st Baronet: 1709 - 1711
*Sir James Stewart (second time) 1711 - 1713
*Thomas Kennedy of Dunure: 1714
*Sir David Dalrymple, 1st Baronet: 1714 - 1720
*Robert Dundas: 1720 - 1725
*Duncan Forbes: 1725 - 1737
*Charles Erskine, Lord Tinwald: 1737 - 1742
*Robert Craigie: 1742 - 1746
*William Grant: 1746 - 1754
*Robert Dundas: 1754 - 1760
*Thomas Miller: 1760 - 1766
*James Montgomery: 1766 - 1775
*Henry Dundas: 1775 - 1783
*The Hon. Henry Erskine: 1783
*Ilay Campbell: 1783 - 1789
*Robert Dundas: 1789 - 1801
*Charles Hope: 1801 - 1804
*Sir James Montgomery: 1804 - 1806
*The Hon. Henry Erskine: 1806 - 1807
*Archibald Colquhoun: 1807 - 1816
*Alexander Maconochie: 1816 - 1819
*Sir William Rae: 1819 - 1830
*Francis Jeffrey: December 1830 - May 1834
*John Murray: May - November 1834
*Sir William Rae: December 1834 - April 1835
*John Murray: April 1835 - April 1839
*Andrew Rutherfurd: April 1839 - September 1841
*Sir William Rae: September 1841 - October 1842
*Duncan McNeill: October 1842 - July 1846
*Andrew Rutherfurd: July 1846 - April 1851
*James Moncreiff: April 1851 - February 1852
*Adam Anderson: February - May 1852
*John Inglis: May - December 1852
*James Moncreiff: December 1852 - March 1858
*John Inglis: March - July 1858
*Charles Baillie: July 1858 - April 1859
*David Mure: April - June 1859
*James Moncreiff: June 1859 - July 1866
*George Patton: July 1866 - February 1867
*Edward Strathearn Gordon: February 1867 - December 1868
*James Moncreiff: December 1868 - October 1869
*George Young: October 1869 - February 1874
*Edward Strathearn Gordon: 1874 - 1876
*William Watson: July 1876 - April 1880
*John McLaren: May 1880 - August 1881
*Sir John Blair Balfour: August 1881 - July 1885
*John Macdonald: July 1885 - February 1886
*Sir John Blair Balfour: February - August 1886
*John Macdonald: August 1886 - October 1888
*James Patrick Bannerman Robertson: October 1888 - August 1891
*Sir Charles John Pearson: October 1891 - August 1892
*Sir John Blair Balfour: August 1892 - July 1895
*Sir Charles John Pearson: July 1895 - May 1896
*Andrew Graham Murray: May 1896 - October 1903
*Charles Scott Dickson: October 1903 - December 1905
*Thomas Shaw: 1905 - 1909
*Alexander Ure: 1909 - 1913
*Robert Munro: 1913 - 1916
*James Avon Clyde: 1916 - 1920
*Thomas Brash Morison: 1920 - 1922
*Charles David Murray: March 1922 - November 1922
*William Watson: 1922 - 1924
*Hugh Pattison MacMillan: February 1924 - November 1924
*William Watson: 1924 - 1929
*Alexander Munro MacRobert: 1929
*Craigie Mason Aitchison: 1929 - 1933
*Wilfrid Guild Normand: 1933 - 1935
*Douglas Jamieson: April 1935 - October 1935
*Thomas Mackay Cooper: 1935 - 1941
*James Scott Cumberland Reid: 1941 - 1945
*George Reid Thomson: 1945 - 1947
*John Thomas Wheatley: 1947 - 1951
*James Latham McDiarmid Clyde: 1951 - 1955
*William Rankine Milligan: 1955 - 1960
*William Grant: 1960 - 1962
*Ian Hamilton Shearer: 1962 - 1964
*George Gordon Stott:1964 - 1967
*Henry Stephen Wilson: 1967 - 1970
*Norman Russell Wylie: 1970 - 1974
*Ronald King Murray: 1974 - 1979
*James Mackay, Lord Mackay of Clashfern: 1979 - 1984
*Kenneth Cameron, Lord Cameron of Lochbroom: 1984 - 1989
*Peter Fraser, Lord Fraser of Carmyllie: 1989 - 1992
*Alan Rodger, Lord Rodger of Earlsferry: 1992 - 1995
*Donald Mackay, Lord Mackay of Drumadoon: 1995 - 1997
*Andrew Hardie, Lord Hardie: 1997 - 2000
*Colin Boyd, Baron Boyd of Duncansby: 2000 - 2006
*Elish Angiolini: 2006 - present

See also

*Law Officers of the Crown

References

ources

"The career path of recent Scottish law officers", Scots Law Times, 14 July 2006


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