First Minister Nicola Sturgeon has lodged a motion in the Scottish Parliament seeking agreement to recommend to HM The Queen that Dorothy Bain QC and Ruth Charteris QC be appointed as the new Scottish Law Officers.
If parliament approves the nominations, Ms Bain will take up the position of Lord Advocate, replacing James Wolffe QC who will demit office once Her Majesty has signed the warrant appointing his successor.
Ms Charteris will become the new Solicitor General for Scotland, succeeding Alison Di Rollo QC.
If successful the appointments will mark the first time both posts have been held by women simultaneously.
The appointments will be made by Her Majesty on the recommendation of the First Minister, with the agreement of the Scottish Parliament.
Mr Wolffe informed the First Minister last year that he intended to leave office following the recent election and confirmed his intention before her re-election as First Minister. Ms di Rollo also confirmed her intention to stand down following this year’s election.
“Dorothy has extensive experience in both civil and criminal law. She has appeared in cases at all levels, including the Court of Session (Inner & Outer House), the Court of Criminal Appeal, the High Court of Justiciary, the United Kingdom Supreme Court and the European Court of Human Rights.
“Dorothy was the first woman to be appointed as Principal Advocate Depute and has conducted many complex and high profile criminal prosecutions and appeals. She is currently Counsel to the Investigatory Powers Tribunal in Scotland and a serving Chair of the Police Appeals Tribunal.
“Ruth was a Standing Junior to the Scottish Government from 2012 and was Second Standing Junior to the Scottish Government from 2016 – 2020. On taking Silk she moved into Crown Office to become a full-time Advocate Depute.”
Dorothy Bain QC said: “I am honoured to be nominated by the First Minister to hold the office of Lord Advocate. I am conscious of the responsibilities and importance of the role and, if appointed, will do my best to serve the people of Scotland.”
Ruth Charteris QC said: “I am extremely honoured to be recommended for appointment and, if approved by Parliament, look forward to working with Dorothy Bain.”
Mr Wolffe and Ms Di Rollo, who are leaving their posts with the Scottish Government.
The First Minister thanked both Mr Wolffe and Ms Di Rollo for their service.
She said: “James has been Lord Advocate during an extraordinary and challenging time and has repeatedly demonstrated his outstanding ability, personal integrity and commitment to the rule of law within Government.
“As well as those attributes, I would like to pay tribute to the sheer hard work and dedication he has shown during his years in office.
“In her role as Solicitor General, Alison has been tireless in her support for the Lord Advocate, the work of lawyers within Government and of the Crown Office and Procurator Fiscal Service.
“I thank both James and Alison for their dedicated service to the Government, to justice and to Scotland as a whole.”
A biography of Dorothy Bain QC states that she became an Advocate in 1994 and took silk in 2007. Dorothy undertakes a wide range of civil litigation and much of her work is in cases concerned with judicial review, civil liberties and human rights, personal injury and clinical negligence. She is appointed to the “A” list panel of counsel for the Equality and Human Rights Commission and has extensive experience in both civil and criminal law. Dorothy has been instructed in cases at all levels, including the Court of Session (Inner & Outer House), Court of Criminal Appeal, High Court of Justiciary, United Kingdom Supreme Court and the European Court of Human Rights.
From 2002 to 2011 Dorothy moved from civil practice in order to undertake a lengthy and successful period of public service as an Advocate Depute in Crown Office. This culminated in her appointment as the Principal Advocate Depute in 2009; the first woman to be appointed to this post. As Principal Advocate Depute Dorothy was Scotland’s most senior prosecutor and as such conducted many complex and high profile criminal prosecutions and appeals including the Operation Algebra case which resulted in the conviction of (then) the largest paedophile ring in the UK, HMA v Tobin the first successful prosecution for murder of the serial killer Peter Tobin and HMA v Weir Group plc, the first successful prosecution of a Scottish FTSE 250 company for breaches of the UN Iraq sanctions.
Dorothy is Counsel to the Investigatory Powers Tribunal in Scotland, a serving Chair of the Police Appeals Tribunal, Scotland, and is appointed by the Lord President as a Special Counsel to represent the interests of accused persons in closed proceedings. She is ranked by both the leading legal directories. Chambers and Partners says, “She is very strong in court, she cares about the case and is willing to go the extra mile. She’s incredibly hard-working and excellent with people“, whilst the Legal 500 UK says she is a “reliable human rights advocate, dedicated to success”, “Hardworking, determined and confident in court“ and “highly recommended for civil liberties work”.
The Lord Advocate is a member of the Scottish Government and is its senior Law Officer.
The Solicitor General is the Lord Advocate’s deputy and assists in carrying out the Lord Advocate’s functions. The Solicitor General is also a member of the Scottish Government. The current recommendation for appointment is not being made on the basis of party political affiliation.
Ruth Charteris was called to the Bar on completion of her post as Legal Assistant to the Lord President. She quickly established and has maintained an extensive and varied civil practice in which she has conducted cases at all stages of the legal process.
Ruth is regularly instructed in lengthy and complex cases, requiring a disciplined and committed approach to case preparation and presentation. She appears in cases involving a wide range of complicated legal and factual issues and demonstrates an aptitude for quickly mastering, and ably presenting, the issues. Her areas of practice include judicial review, regulatory law, proceeds of crime, professional negligence, insurance litigation, personal injury and property disputes.
More information about the role of Lord Advocate and Solicitor General can be found here.
The Government intends to publish a consultation on the functions of the law officers, and will do so in due course.