Dorothy Bain QC named as Scotland's new lord advocate
- Published
A senior lawyer who secured serial killer Peter Tobin's first conviction for murder is to become Scotland's top law officer.
Dorothy Bain QC has been named as the country's new lord advocate by the first minister.
Ms Bain will be both the head of the prosecution service and the Scottish government's chief legal advisor.
She will replace James Wolffe in the role once her nomination has been approved by Holyrood.
Mr Wolffe announced after the recent Holyrood election that he would be stepping down, as did Solicitor General Alison Di Rollo QC.
Ms Di Rollo will be succeeded by Ruth Charteris QC - meaning that the country's two top law officer posts will be held simultaneously by women for the first time.
Ms Bain said she was honoured to have been nominated by the first minister, adding: "I am conscious of the responsibilities and importance of the role and, if appointed, will do my best to serve the people of Scotland."
She will face a series of unprecedented challenges in her new job, including a debate over the lord advocate's dual role and potential legislation over a second referendum on Scottish independence.
In 2007, she led the prosecution case against Peter Tobin over the murder of Polish student Angelika Kluk.
A sensational trial at the High Court in Edinburgh ended with Tobin's conviction and his first life sentence.
Two years later, Ms Bain became the first woman to be appointed principal advocate depute at the Crown, Scotland's most senior courtroom prosecutor.
Other high-profile cases included the conviction of eight men who had formed Scotland's largest paedophile network and the prosecution of a Scottish company for breaching UN Iraq sanctions.
Ms Bain left the Crown Office in in 2011 and three years later represented the family of one of the victims of the Glasgow bin lorry crash.
In court, she voiced their criticism of the Crown's decision not to prosecute the lorry's driver Harry Clarke.
Lawyers who have worked with her talk of her diligence and integrity. She is said to have a strong empathy for victims and a keen interest in civil liberties and human rights.
Although the lord advocate has always played a crucial role in Scotland's legal system, the job's current high public profile is new and the result of a series of recent controversies.
Mr Wolffe became embroiled in the battle between the Scottish government and the former First Minister Alex Salmond, with Mr Salmond at one point calling for his resignation.
The Scottish government has committed to a review of the lord advocate's wearing-of-two-hats role as head of the prosecution service and a member of the government's cabinet.
Ms Bain will have an important role in certifying whether or not Holyrood has the power to legislate for a second independence referendum.
She will also face the expensive fallout from a series of civil cases connected to the takeover of Rangers FC in 2012.
The Crown Office is already paying out £20m to two men who were wrongly prosecuted, and faces paying out millions more.
Even though she played no role in the decisions that led to the scandal, Ms Bain will have to face the music in parliament.
Related topics
- Published23 May 2021
- Published24 May 2021