Lord Advocate
Encyclopedia
Her Majesty's Advocate (or when the monarch
is male His Majesty's Advocate), known as the Lord Advocate , 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 and Procurator Fiscal Service
, nominally in the Lord Advocate's name.
The officeholder is one of the Great Officers of State of Scotland. The current Lord Advocate is The Rt. Hon. Frank Mulholland
, QC
.
.
From 1707 to 1998, the Lord Advocate was the chief legal adviser of the government of the Kingdom of Great Britain
and the Crown for Scottish legal matters, both civil and criminal, until the Scotland Act 1998
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.
. Since devolution, the Lord Advocate has been an automatically ex officio 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.
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 either house received a life peerage on appointment. Post-devolution, the Lord Advocate and the Solicitor General for Scotland
are permitted to attend and speak in the Scottish Parliament ex officio, even if they are not Members of the Scottish Parliament.
of the College of Justice
were formerly made on the nomination of the Lord Advocate. Every Lord Advocate between 1842 and 1967 was later appointed to the bench, either on demitting office or at a later date. Many Lord Advocates in fact nominated themselves for appointment as Lord President of the Court of Session
or as Lord Justice Clerk
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.
. At trials in the High Court in Edinburgh, they attend as instructing solicitor. They are assisted by other senior legal, managerial and administrative staff.
The Crown Agent also holds the office of Queen's and Lord Treasurer's Remembrancer
and Robert Black said—
The judges of Scotland's highest court came to share this view. In a submission to the commission set up to consider how the devolution settlement between Scotland and the United Kingdom could be improved, the judges recommended that the Lord Advocate should cease to be the head of the public prosecution system and should act only as the Scottish Government's chief legal adviser. They noted various ways in which the Lord Advocate's roles had caused problems for the judicial system, including the ability "to challenge... virtually any act of a prosecutor has led to a plethora of disputed issues, with consequential delays to the holding of trials and to the hearing and completion of appeals against conviction."
The judges proposed three alternative solutions: stripping the Lord Advocate of responsibility for prosecutions, exempting the Lord Advocate from compliance with the European Convention on Human Rights
, or changing the law on criminal appeals. While not specifically favouring any of the three, they noted that the third proposal was radical enough to "generate considerable controversy".
, 14 July 2006
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
is male His Majesty's Advocate), known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
for both civil and criminal matters that fall within the devolved
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
powers of the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
. He or she is the chief public prosecutor for Scotland and all prosecutions on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
are conducted by the Crown Office and Procurator Fiscal Service
Crown Office and Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service provides the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution,...
, nominally in the Lord Advocate's name.
The officeholder is one of the Great Officers of State of Scotland. The current Lord Advocate is The Rt. Hon. Frank Mulholland
Frank Mulholland
Frank Mulholland QC is a Scottish lawyer and has been Lord Advocate, one of the Great Officers of State of Scotland and the country's chief Law Officer, since 19 May 2011, having previously been Solicitor General, the junior Law Officer...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
.
History
The office of Advocate to the monarch is an ancient one. The first recognised Lord Advocate was Sir John Ross of Montgrenan, recorded in 1483 as serving King James IIIJames III of Scotland
James III was King of Scots from 1460 to 1488. James was an unpopular and ineffective monarch owing to an unwillingness to administer justice fairly, a policy of pursuing alliance with the Kingdom of England, and a disastrous relationship with nearly all his extended family.His reputation as the...
.
From 1707 to 1998, the Lord Advocate was the chief legal adviser of the government of the Kingdom of Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
and the Crown for Scottish legal matters, both civil and criminal, until the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
devolved most domestic affairs to the Scottish Parliament. The United Kingdom government is now advised on Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
by the Advocate General for Scotland
Advocate General for Scotland
Her Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and UK Government on Scots law...
.
The Lord Advocate is not head of the Faculty of Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
; 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 CabinetCabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government in the United Kingdom, composed of the Prime Minister and some 22 Cabinet Ministers, the most senior of the government ministers....
. Since devolution, the Lord Advocate has been an automatically ex officio 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
First Minister of Scotland
The First Minister of Scotland is the political leader of Scotland and head of the Scottish Government. The First Minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy...
Alex Salmond
Alex Salmond
Alexander Elliot Anderson "Alex" Salmond MSP is a Scottish politician and current First Minister of Scotland. He became Scotland's fourth First Minister in May 2007. He is the Leader of the Scottish National Party , having served as Member of the Scottish Parliament for Gordon...
decided that Lord Advocate would no longer attend the Scottish Cabinet, stating he wished to "de-politicise" the post.
Until devolution, all Lord Advocates were, by convention, members of either the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
or the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
to allow them to speak for the Government. Those who were not already members of either house received a life peerage on appointment. Post-devolution, the Lord Advocate and the Solicitor General for Scotland
Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
are permitted 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 SenatorsSenator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
of the College of Justice
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
were formerly made on the nomination of the Lord Advocate. Every Lord Advocate between 1842 and 1967 was later appointed to the bench, either on demitting office or at a later date. Many Lord Advocates in fact nominated themselves for appointment as Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
or as Lord Justice Clerk
Lord Justice Clerk
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session.The holder has the title in both the Court of Session and the High Court of Justiciary and is in charge of the Second Division of Judges in the Court of Session...
Crown Office and Procurator Fiscal Service
The Crown Office and Procurator Fiscal ServiceCrown Office and Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service provides the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution,...
is headed by the Lord Advocate and the Solicitor General for Scotland
Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
, and is the public prosecution service in Scotland. It also carries out functions which are broadly equivalent to the coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions. Incorporated within the Crown Office is the Legal Secretariat to the Lord Advocate.
Crown Agent
The Crown Agent is the principal legal advisor to the Lord Advocate on prosecution matters. He or she also acts as Chief Executive for the Department and as solicitor in all legal proceedings in which the Lord Advocate appears as representing his or her own department. They issue general instructions for the guidance of Crown counsel, procurators fiscal, sheriff clerks and other public officials; transmits instructions from Crown counsel to procurators fiscal about prosecutions; and in consultation with the Clerk of Justiciary, arranges sittings of the High Court of JusticiaryHigh Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
. At trials in the High Court in Edinburgh, they attend as instructing solicitor. They are assisted by other senior legal, managerial and administrative staff.
The Crown Agent also holds the office of Queen's and Lord Treasurer's Remembrancer
Queen's and Lord Treasurer's Remembrancer
The Queen's and Lord Treasurer's Remembrancer is an officer in Scotland who represents the Crown's interests in bona vacantia, ultimus haeres and treasure trove....
Calls for reform
In the Greshornish House Accord of 16 September 2008, Professors Hans KöchlerHans Köchler
Hans Köchler is a professor of philosophy at the University of Innsbruck, Austria, and president of the International Progress Organization, a non-governmental organization in consultative status with the United Nations...
and Robert Black said—
It is inappropriate that the Chief Legal Adviser to the Government is also head of all criminal prosecutions. Whilst the Lord Advocate and Solicitor General continue as public prosecutors the principle of separation of powers seems compromised. The potential for a conflict of interest always exists. Resolution of these circumstances would entail an amendment of the provisions contained within the Scotland Act 1998.
The judges of Scotland's highest court came to share this view. In a submission to the commission set up to consider how the devolution settlement between Scotland and the United Kingdom could be improved, the judges recommended that the Lord Advocate should cease to be the head of the public prosecution system and should act only as the Scottish Government's chief legal adviser. They noted various ways in which the Lord Advocate's roles had caused problems for the judicial system, including the ability "to challenge... virtually any act of a prosecutor has led to a plethora of disputed issues, with consequential delays to the holding of trials and to the hearing and completion of appeals against conviction."
The judges proposed three alternative solutions: stripping the Lord Advocate of responsibility for prosecutions, exempting the Lord Advocate from compliance with the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, or changing the law on criminal appeals. While not specifically favouring any of the three, they noted that the third proposal was radical enough to "generate considerable controversy".
Lords Advocate
- John Ross of Montgrenan: 1478 or earlier–1494
- James Henryson of Fordell: 1494–1503
- Richard Lawson of Heirigs: 1503–1521
- James Wishart of Pittarrow: 1521–1525
- Adam OtterburnAdam OtterburnAdam Otterburn of Auldhame and Reidhall was a Scottish lawyer and diplomat. He was king's advocate to James V of Scotland and secretary to Mary of Guise and Regent Arran.-Servant to James V:...
of Reidhall: 1525–1527 - John Foulis and Adam Otterburn of Reidhall: 1527–1533
- Adam Otterburn and Henry LauderHenry Lauder, Lord St GermainsHenry Lauder, Lord St Germains was Lord Advocate of Scotland and one of the nine advocates nominated and appointed at the institution of the College of Justice as an Ordinary Lord, styled Lord St Germains, 13 January 1538. He was a son of Gilbert Lauder , a Baillie & Burgess of Edinburgh, by his...
: 1533–1538 - Henry LauderHenry Lauder, Lord St GermainsHenry Lauder, Lord St Germains was Lord Advocate of Scotland and one of the nine advocates nominated and appointed at the institution of the College of Justice as an Ordinary Lord, styled Lord St Germains, 13 January 1538. He was a son of Gilbert Lauder , a Baillie & Burgess of Edinburgh, by his...
: 1538–1561 - Henry BalnavesHenry BalnavesHenry Balnaves was a Scottish politician and religious reformer.-Biography:Born in Kirkcaldy, Fife, around 1512, he was educated at the University of St Andrews and on the continent, where he adopted Protestant views. Returning to Scotland, he continued his legal studies and in 1538 was appointed...
, to Mary, Queen of Scots - 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 HamiltonThomas Hamilton, 1st Earl of HaddingtonThomas Hamilton, 1st Earl of Haddington , designated before his peerage as 'of Drumcarny, Monkland, and Binning', was a Scottish administrator, Lord Advocate, judge, and Lord Lieutenant of Haddingtonshire.-Family:...
and David Macgill: 1595 - Sir Thomas HamiltonThomas Hamilton, 1st Earl of HaddingtonThomas Hamilton, 1st Earl of Haddington , designated before his peerage as 'of Drumcarny, Monkland, and Binning', was a Scottish administrator, Lord Advocate, judge, and Lord Lieutenant of Haddingtonshire.-Family:...
: 1596–1612 - Sir William OliphantWilliam Oliphant, Lord NewtonSir William Oliphant, Lord Newton was a Scottish judge.Admitted as an advocate in 1577, he became an Advocate Depute in 1604. He gained favour of James VI by throwing up his brief for the six ministers in 1606. He was appointed a lord of session from 1611–26, with the judicial title Lord Newton...
: 1612–1626 - Sir Thomas Hope, 1st BaronetThomas Hope, 1st BaronetSir Thomas Hope, 1st Baronet was a Scottish lawyer.Admitted as an advocate in 1605, he made his reputation by defence of John Forbes , and other ministers at Linlithgow in 1606. He prepared the deed revoking James VI's grants of church property in 1625. He was appointed Lord Advocate in 1626, and...
: 1626–1641 - Sir Archibald JohnstonArchibald Johnston, Lord WarristonArchibald Johnston, Lord Warriston was a Scottish judge and statesman.He assisted Alexander Henderson in framing the Scots National Covenant in 1638. Appointed a Procurator of the Kirk in the same year. In 1639 he assisted in negotiating pacification of Berwick, and the treaty of Ripon in 1640. He...
: 1646–? - Sir Thomas Nicholson
- Sir Archibald PrimroseArchibald Primrose, Lord CarringtonSir Archibald Primrose, 1st Baronet, Lord Carrington was a notable Scottish lawyer, judge, and Cavalier.The son of James Primrose Sir Archibald Primrose, 1st Baronet, Lord Carrington (May 16, 1616 – November 27, 1679) was a notable Scottish lawyer, judge, and Cavalier.The son of James Primrose Sir...
: 1659–1661 - Sir John Fletcher: 1661–1664
- Sir John NisbetJohn Nisbet, Lord DirletonJohn Nisbet, Lord Dirleton was a Scottish judge.Admitted as an advocate in 1633, he was sheriff-depute of Edinburghshire from 1639. He defended James Graham, 1st Marquess of Montrose in 1641. He was appointed Lord Advocate and raised to the bench with the judicial title Lord Dirleton in 1664. He...
: 1664–1677 - Sir George MackenzieGeorge Mackenzie (lawyer)Sir George Mackenzie of Rosehaugh, Knt. , known as Bluidy Mackenzie, was a Scottish lawyer, Lord Advocate, and legal writer.- Origins :...
of Rosehaugh: 1677–1687 - John DalrympleJohn Dalrymple, 1st Earl of StairJohn Dalrymple the Master of Stair was a Scottish noble who played a crucial role in the 1707 Treaty of Union between the Kingdom of Scotland and the Kingdom of England, that created the Kingdom of Great Britain....
: 1687–1688 - Sir George MackenzieGeorge Mackenzie (lawyer)Sir George Mackenzie of Rosehaugh, Knt. , known as Bluidy Mackenzie, was a Scottish lawyer, Lord Advocate, and legal writer.- Origins :...
: 1688–1689 - John DalrympleJohn Dalrymple, 1st Earl of StairJohn Dalrymple the Master of Stair was a Scottish noble who played a crucial role in the 1707 Treaty of Union between the Kingdom of Scotland and the Kingdom of England, that created the Kingdom of Great Britain....
: 1689–1692 - Sir James Stewart 1692–1709
- Sir David Dalrymple, 1st BaronetSir David Dalrymple, 1st BaronetSir David Dalrymple of Hailes, 1st Baronet was a Scottish and British politician, Lord Advocate of Scotland, and eventually Auditor of the Exchequer in Scotland....
: 1709–1711 - Sir James Stewart (second time) 1711–1713
- Thomas Kennedy of Dunure: 1714
- Sir David Dalrymple, 1st BaronetSir David Dalrymple, 1st BaronetSir David Dalrymple of Hailes, 1st Baronet was a Scottish and British politician, Lord Advocate of Scotland, and eventually Auditor of the Exchequer in Scotland....
: 1714–1720 - Robert DundasRobert Dundas, Lord Arniston, the elderRobert Dundas, Lord Arniston, the elder was a Scottish judge.The second son of Robert Dundas he served as Solicitor General for Scotland from 1717 to 1720 and as Lord Advocate from 1720 to 1725...
: 1720–1725 - Duncan ForbesDuncan Forbes (judge)Duncan Forbes, Lord Culloden was a Scottish politician and judge. He was President of the Court of Session.-Early life and education:...
: 1725–1737 - Charles Erskine, Lord Tinwald: 1737–1742
- Robert CraigieRobert CraigieRobert Craigie was a Scottish politician and judge. He was baptised on March 4, 1688 and died on 10 March 1760.On 2 April 1742 he was elected Member of Parliament for the Tain Burghs constituency in northern Scotland...
: 1742–1746 - William GrantWilliam Grant, Lord PrestongrangeWilliam Grant , Lord Prestongrange, was a Scottish politician and judge.The second son of Sir Francis Grant, Lord Cullen, he was admitted as an advocate in 1722, was procurator for the Church of Scotland and Clerk to the General Assembly in 1731. He campaigned against patronage in the Church...
: 1746–1754 - Robert DundasRobert Dundas, Lord Arniston, the youngerRobert Dundas, Lord Arniston, the younger was a Scottish judge.The eldest son of Robert Dundas , he was deducated at Edinburgh University and studied Roman law at Utrecht University....
: 1754–1760 - Thomas MillerThomas Miller, Lord GlenleeSir Thomas Miller, 1st Baronet , known as Lord Glenlee during his judicial service, was a Scottish politician and judge....
: 1760–1766 - James Montgomery: 1766–1775
- Henry DundasHenry Dundas, 1st Viscount MelvilleHenry Dundas, 1st Viscount Melville PC and Baron Dunira was a Scottish lawyer and politician. He was the first Secretary of State for War and the last person to be impeached in the United Kingdom....
: 1775–1783 - Hon. Henry Erskine: 1783
- Ilay CampbellSir Ilay Campbell, 1st BaronetSir Ilay Campbell of Succoth was a Scottish judge.An advocate from 1757, he was engaged in the Douglas peerage case from 1764 to 1769. He was appointed Solicitor General for Scotland in 1783 and Lord Advocate in 1784. He became Member of Parliament for Glasgow Burghs in the same year...
: 1783–1789 - Robert DundasRobert Dundas of Arniston-Background:Part of a remarkable Scottish legal and political dynasty, Dundas was the son of Robert Dundas, Lord Arniston, the younger. His great-grandfather Robert Dundas had been an MP and judge, as were his grandfather Robert Dundas, Lord Arniston, the elder....
: 1789–1801 - Charles Hope: 1801–1804
- Sir James Montgomery, BtSir James Montgomery, 1st BaronetSir James William Montgomery, 1st Baronet was a Scottish politician and judge.Called to the bar in 1743, he was sheriff of Peeblesshire from 1748 and joint Solicitor General for Scotland from 1760, holding the office solely from 1764. He was promoted to Lord Advocate in 1766. He was created Lord...
: 1804–1806 - Hon. Henry Erskine: 1806–1807
- Archibald ColquhounArchibald ColquhounArchibald Campbell Colquhoun was a Scottish politician and lawyer.The son of John Campbell of Clathick, he took the surname Colquhoun in 1804 on inheriting the estate of Killermont, Dunbartonshire. He married, in 1786, Mary-Anne Erskine . He became an advocate in 1768, was a Member of Parliament...
: 1807–1816 - Alexander MaconochieAlexander Maconochie, Lord MeadowbankAlexander Maconochie, later Maconochie-Welwood , was a Scottish judge.The son of Allan Maconochie, Lord Meadowbank, he was admitted as an advocate in 1799...
: 1816–1819 - Sir William Rae: 1819–1830
- Francis JeffreyFrancis JeffreyFrancis Jeffrey, Lord Jeffrey was a Scottish judge and literary critic.He was born in Edinburgh, the son of a clerk in the Court of Session. After attending the Royal High School for six years, he studied at the University of Glasgow from 1787 to May 1789, and at Queen's College, Oxford, from...
: December 1830 – May 1834 - John MurrayJohn Murray, Lord MurraySir John Archibald Murray, Lord Murray, was a Scottish judge.Son of Alexander Murray, Lord Henderland, he contributed to the Edinburgh Review from its commencement. He was a promoter of the 1832 Reform Bill and was Member of Parliament for Leith Burghs from 1832 until 1839.He was appointed Lord...
: May – November 1834 - Sir William Rae: December 1834 – April 1835
- John MurrayJohn Murray, Lord MurraySir John Archibald Murray, Lord Murray, was a Scottish judge.Son of Alexander Murray, Lord Henderland, he contributed to the Edinburgh Review from its commencement. He was a promoter of the 1832 Reform Bill and was Member of Parliament for Leith Burghs from 1832 until 1839.He was appointed Lord...
: April 1835 – April 1839 - Andrew RutherfurdAndrew RutherfurdAndrew Rutherfurd , Lord Rutherfurd of Crosshill FRSE was a Scottish advocate, judge and politician....
: April 1839 – September 1841 - Sir William Rae: September 1841 – October 1842
- Duncan McNeill: October 1842 – July 1846
- Andrew RutherfurdAndrew RutherfurdAndrew Rutherfurd , Lord Rutherfurd of Crosshill FRSE was a Scottish advocate, judge and politician....
: July 1846 – April 1851 - James MoncreiffJames Moncreiff, 1st Baron MoncreiffJames Moncreiff, 1st Baron Moncreiff FRSE , was a Scottish lawyer and politician.The son of Sir James Wellwood Moncreiff, 9th Baronet, a Scottish judge, he was educated at Edinburgh University and was admitted to the Faculty of Advocates in 1833.He was appointed Solicitor General for Scotland in...
: April 1851 – February 1852 - Adam AndersonAdam Anderson, Lord AndersonAdam Anderson, Lord Anderson was a Scottish judge.He served as Solicitor General for Scotland from 1842 to 1846 and as Lord Advocate from February to May 1852.He was elected a Fellow of the Royal Society of Edinburgh on 5 February 1849....
: February – May 1852 - John InglisJohn Inglis, Lord GlencorseJohn Inglis, Lord Glencorse FRSE was a Scottish politician and judge. He was Lord President of the Court of Session ....
: May – December 1852 - James MoncreiffJames Moncreiff, 1st Baron MoncreiffJames Moncreiff, 1st Baron Moncreiff FRSE , was a Scottish lawyer and politician.The son of Sir James Wellwood Moncreiff, 9th Baronet, a Scottish judge, he was educated at Edinburgh University and was admitted to the Faculty of Advocates in 1833.He was appointed Solicitor General for Scotland in...
: December 1852 – March 1858 - John InglisJohn Inglis, Lord GlencorseJohn Inglis, Lord Glencorse FRSE was a Scottish politician and judge. He was Lord President of the Court of Session ....
: March – July 1858 - Charles BaillieCharles Baillie, Lord JerviswoodeCharles Baillie, Lord Jerviswood was a Scottish advocate, judge and politicianBaillie was the second son of George Baillie of Mellerstain House and Jerviswood , son of the Hon. George Hamilton, younger brother of Thomas Hamilton, 7th Earl of Haddington. His mother was Mary Charles Baillie, Lord...
: July 1858 – April 1859 - David MureDavid Mure, Lord MureDavid Mure was a Scottish lawyer and Conservative Party politician. He sat in the House of Commons from 1859 to 1865, when he became a judge....
: April – June 1859 - James MoncreiffJames Moncreiff, 1st Baron MoncreiffJames Moncreiff, 1st Baron Moncreiff FRSE , was a Scottish lawyer and politician.The son of Sir James Wellwood Moncreiff, 9th Baronet, a Scottish judge, he was educated at Edinburgh University and was admitted to the Faculty of Advocates in 1833.He was appointed Solicitor General for Scotland in...
: June 1859 – July 1866 - George PattonGeorge Patton, Lord GlenalmondGeorge Patton, Lord Glenalmond was a Scottish politician and judge.He studied law at Edinburgh University. He studied at Glasgow University and Trinity College, Cambridge. He was Conservative Member of Parliament for Bridgwater, Somerset from 1865 to 1866...
: July 1866 – February 1867 - Edward Strathearn Gordon: February 1867 – December 1868
- James MoncreiffJames Moncreiff, 1st Baron MoncreiffJames Moncreiff, 1st Baron Moncreiff FRSE , was a Scottish lawyer and politician.The son of Sir James Wellwood Moncreiff, 9th Baronet, a Scottish judge, he was educated at Edinburgh University and was admitted to the Faculty of Advocates in 1833.He was appointed Solicitor General for Scotland in...
: December 1868 – October 1869 - George Young: October 1869 – February 1874
- Edward Strathearn Gordon: 1874–1876
- William Watson: July 1876 – April 1880
- John McLarenJohn McLaren (politician)John McLaren , Lord McLaren, was a Scottish Liberal politician and judge.The son of Duncan McLaren, a former Provost of Edinburgh and Member of Parliament, he was born in Edinburgh. He attended Edinburgh University before being admitted to the Scottish bar in 1856. He held the office of Sheriff of...
: May 1880 – August 1881 - Sir John Blair BalfourJohn Balfour, 1st Baron KinrossJohn Blair Balfour, 1st Baron Kinross, PC, QC was a Scottish lawyer and Liberal politician who sat in the House of Commons from 1880 to 1899....
: August 1881 – July 1885 - John MacdonaldJohn Hay Athole Macdonald, Lord KingsburghSir John Hay Athole Macdonald KCB, PC was a Scottish politician and later a judge.He was called to the Scottish bar in 1859. On 30 July 1875 he was appointed by Queen Victoria to be Sheriff of the Shires of Ross, Cromarty, and Sutherland. He was appointed Solicitor General for Scotland from 1876...
: July 1885 – February 1886 - Sir John Blair BalfourJohn Balfour, 1st Baron KinrossJohn Blair Balfour, 1st Baron Kinross, PC, QC was a Scottish lawyer and Liberal politician who sat in the House of Commons from 1880 to 1899....
: February – August 1886 - John MacdonaldJohn Hay Athole Macdonald, Lord KingsburghSir John Hay Athole Macdonald KCB, PC was a Scottish politician and later a judge.He was called to the Scottish bar in 1859. On 30 July 1875 he was appointed by Queen Victoria to be Sheriff of the Shires of Ross, Cromarty, and Sutherland. He was appointed Solicitor General for Scotland from 1876...
: August 1886 – October 1888 - James Patrick Bannerman Robertson: October 1888 – August 1891
- Sir Charles John PearsonCharles John PearsonSir Charles John Pearson was a Scottish politician and judge.Educated at Corpus Christi College, Oxford, he was called to the English and Scottish bars in 1870. He was knighted in 1887. He was Sheriff of Renfrew and Bute from 1888 and Perthshire from 1889. He was Conservative Member of Parliament...
: October 1891 – August 1892 - Sir John Blair BalfourJohn Balfour, 1st Baron KinrossJohn Blair Balfour, 1st Baron Kinross, PC, QC was a Scottish lawyer and Liberal politician who sat in the House of Commons from 1880 to 1899....
: August 1892 – July 1895 - Sir Charles John PearsonCharles John PearsonSir Charles John Pearson was a Scottish politician and judge.Educated at Corpus Christi College, Oxford, he was called to the English and Scottish bars in 1870. He was knighted in 1887. He was Sheriff of Renfrew and Bute from 1888 and Perthshire from 1889. He was Conservative Member of Parliament...
: July 1895 – May 1896 - Andrew Graham MurrayAndrew Murray, 1st Viscount DunedinAndrew Graham Murray, 1st Viscount Dunedin GCVO, PC, QC was a Scottish politician and judge. He served as Secretary for Scotland between 1903 and 1905, as Lord Justice General and Lord President of the Court of Session between 1905 and 1913 and as a Lord of Appeal in Ordinary between 1913 and...
: May 1896 – October 1903 - Charles Scott DicksonCharles Scott DicksonCharles Scott Dickson FRSE was a Scottish Unionist politician and judge.Educated at the High School of Glasgow, the University of Glasgow and the University of Edinburgh he was admitted to the Faculty of Advocates General for Scotland from 14 May 1896 to 1903 and as Lord Advocate from 1903 to...
: October 1903 – December 1905 - Thomas ShawThomas Shaw, 1st Baron CraigmyleThomas Shaw, 1st Baron Craigmyle PC KC LLD , known as Lord Shaw from 1909 to 1929, was a Scottish Liberal politician and judge....
: 1905–1909 - Alexander UreAlexander Ure, 1st Baron StrathclydeAlexander Ure, 1st Baron Strathclyde GBE was a Scottish politician and judge.Educated at the University of Glasgow he was admitted to membership of the Faculty of Advocates in 1878....
: 1909–1913 - Robert MunroRobert Munro, 1st Baron AlnessRobert Munro, 1st Baron Alness GBE, PC, KC, DL was a Scottish lawyer, judge and Liberal politician. He served as Secretary for Scotland between 1916 and 1922 in David Lloyd George's coalition government and as Lord Justice Clerk between 1922 and 1933.-Background and education:Munro was born in...
: 1913–1916 - James Avon Clyde: 1916–1920
- Thomas Brash MorisonThomas Brash MorisonSir Thomas Brash Morison was a Scottish politician and judge.Morison was born in Edinburgh. He went to Edinburgh University where he obtained MA and LL.D degrees. He was called to the bar in Scotland in 1891 and then in England in 1899. He was knighted in 1906...
: 1920–1922 - Charles David MurrayCharles David MurrayCharles David Murray was a Scottish Tory politician, lawyer and judge.Born in London, he was educated at Edinburgh Academy and Edinburgh University and was admitted as an advocate in 1889 and appointed a King's Counsel in 1907.He was a Major in the Fourth Division of the Royal Engineers ,...
: March 1922 – November 1922 - William WatsonWilliam Watson, Baron ThankertonWilliam Watson, Baron Thankerton was a Scottish politician and judge.Watson was the son of William Watson, Baron Watson, and was educated at Winchester and Jesus College, Cambridge, graduating with a third class degree in law in 1895. He was admitted as an advocate in 1899, taking silk in 1914...
: 1922–1924 - Hugh Pattison MacMillan: February 1924 – November 1924
- William WatsonWilliam Watson, Baron ThankertonWilliam Watson, Baron Thankerton was a Scottish politician and judge.Watson was the son of William Watson, Baron Watson, and was educated at Winchester and Jesus College, Cambridge, graduating with a third class degree in law in 1895. He was admitted as an advocate in 1899, taking silk in 1914...
: 1924–1929 - Alexander Munro MacRobertAlexander Munro MacRobertAlexander Munro MacRobert KC was a Scottish lawyer and Unionist politician.Educated at Paisley Grammar School, Edinburgh University and the University of Glasgow he became an advocate in 1897. He worked with the Admiralty in 1917-18 and as an Advocate Depute from 1919 to 1923. He was appointed...
: 1929 - Craigie Mason Aitchison: 1929–1933
- Wilfrid Guild Normand: 1933–1935
- Douglas JamiesonDouglas JamiesonDouglas Jamieson was a Scottish Unionist politician and judge.Educated at Cargilfield School, Fettes College, the University of Glasgow and Edinburgh University, Jamieson was admitted as an advocate in 1911 and became a King's Counsel in 1926.Jamieson was an unsuccessful candidate for Stirling and...
: April 1935 – October 1935 - Thomas Mackay Cooper: 1935–1941
- James Scott Cumberland Reid: 1941–1945
- George Reid ThomsonGeorge Reid ThomsonGeorge Reid Thomson, Lord Thomson was a Scottish politician and judge.Educated at the South African College, Cape Town, and Corpus Christi College, Oxford, he was a Captain in the Argyll and Sutherland Highlanders in World War I....
: 1945–1947 - John Thomas Wheatley: 1947–1951
- James Latham McDiarmid Clyde: 1951–1955
- William Rankine MilliganWilliam Rankine MilliganWilliam Rankine Milligan, Lord Milligan PC, KC was a Scottish Tory politician and judge.-Early life:Educated at Sherborne School, University College, Oxford, and the University of Glasgow...
: 1955–1960 - William GrantWilliam Grant (politician)William Grant was a Scottish Tory politician and judge.Educated at Fettes College, Oriel College, Oxford and Edinburgh University, he was admitted as an advocate in 1935...
: 1960–1962 - Ian Hamilton ShearerIan Hamilton ShearerIan Hamilton Shearer was a Scottish lawyer and judge.Educated at Dunfermline High School, the University of Glasgow and Edinburgh University, he was admitted to the Faculty of Advocates in 1938. He served in the Royal Artillery in World War II...
: 1962–1964 - George Gordon StottGeorge Gordon StottGeorge Gordon Stott was Lord Advocate of Scotland from 1964 to 1967. He became a member of the Privy Council in 1964....
:1964–1967 - Henry Stephen Wilson: 1967–1970
- Norman Russell Wylie: 1970–1974
- Ronald King MurrayRonald King MurrayRonald King Murray, Lord Murray PC is a former Scottish Labour politician and judge.Educated at George Watson's College, Edinburgh, the University of Edinburgh and Jesus College, Oxford, he served in the REME and SEAC from 1941 to 1946. He was admitted as an advocate in 1953, served as an Advocate...
: 1974–1979 - Lord Mackay of Clashfern: 1979–1984
- Lord Cameron of LochbroomKenneth Cameron, Baron Cameron of LochbroomKenneth John Cameron, Baron Cameron of Lochbroom, is a retired Scottish judge.Born in Edinburgh, he was educated at Edinburgh Academy, at Corpus Christi, Oxford and at the University of Edinburgh. He became an Advocate in 1958 and Queen's Counsel in 1972...
: 1984–1989 - Lord Fraser of CarmylliePeter Fraser, Baron Fraser of CarmylliePeter Lovat Fraser, Baron Fraser of Carmyllie, PC, QC is a Scottish politician and advocate.He was educated at Loretto School, Musselburgh, East Lothian, and graduated BA and LLM , Gonville & Caius College, Cambridge, before going to the University of Edinburgh...
: 1989–1992 - Lord Rodger of EarlsferryAlan Rodger, Baron Rodger of EarlsferryAlan Ferguson Rodger, Baron Rodger of Earlsferry, FRSE, FBA, PC was a Scottish lawyer and Justice of the Supreme Court of the United Kingdom....
: 1992–1995 - Lord Mackay of DrumadoonDonald Mackay, Baron Mackay of DrumadoonDonald Sage Mackay, Baron Mackay of Drumadoon, PC, QC is a judge of the Supreme Courts of Scotland, and a former Lord Advocate, the country's senior Law Officer. He is one of five additional Lords of Appeal in the House of Lords....
: 1995–1997 - Lord HardieAndrew Hardie, Baron HardieAndrew Rutherford Hardie, Baron Hardie, PC, QC is a judge of the Supreme Courts of Scotland, and a former Lord Advocate, the country's senior Law Officer...
: 1997–2000 - Lord Boyd of DuncansbyColin Boyd, Baron Boyd of DuncansbyColin Boyd, Baron Boyd of Duncansby, PC, QC, was Lord Advocate for Scotland from 24 February 2000 until his resignation on 4 October 2006. On 11 April 2006, Downing Street announced that Colin Boyd would take a seat as a crossbench life peer; however he took the Labour whip after resigning as...
: 2000–2006 - Elish Angiolini: 2006–2011
- Frank MulhollandFrank MulhollandFrank Mulholland QC is a Scottish lawyer and has been Lord Advocate, one of the Great Officers of State of Scotland and the country's chief Law Officer, since 19 May 2011, having previously been Solicitor General, the junior Law Officer...
: 2011–present
See also
- Law Officers of the CrownLaw Officers of the CrownThe Law Officers of the Crown are the chief legal advisers to the Crown, and advise and represent the various governments in the United Kingdom and the other Commonwealth Realms. In England and Wales, Northern Ireland and most Commonwealth and colonial governments, the chief law officer of the...
- Attorney General for England and WalesAttorney General for England and WalesHer Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
- Attorney General for Northern IrelandAttorney General for Northern IrelandThe Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly....
Sources
The career path of recent Scottish law officers, Scots Law TimesScots Law Times
The Scots Law Times is the law reports service in Scotland, publishing over 1400 pages of reports each year. Published weekly during court term, the Scots Law Times covers every Scottish court, civil and criminal, from the Sheriff Courts to the House of Lords.Since 2000, the Scots Law Times...
, 14 July 2006