Lord Advocate Dorothy Bain tells First Minister John Swinney she intends to step down

Scotland’s Lord Advocate has informed the First Minister that she plans to step down from the role.

Dorothy Bain KC was appointed Lord Advocate in June 2021 after she was nominated for the post by former first minister Nicola Sturgeon.

The Scottish Government said that Ms Bain has now indicated to First Minister John Swinney that she “intends to leave office”.

Swinney is currently in the process of considering ministerial appointments, including the Lord Advocate, following last week’s Holyrood election.

Dorothy Bain KC is chief legal adviser to the Scottish Government (Jane Barlow/PA) PA Media

The news that Ms Bain intends to stand down comes after controversy over the dual role of the Lord Advocate who is both Scotland’s chief prosecutor and the Scottish Government’s principal legal adviser as a Cabinet minister.

Ms Bain was criticised by opposition MSPs earlier this year after it emerged she informed Swinney of the charges against former SNP chief executive Peter Murrell around ten months before they were made public.

Swinney then said it was “entirely appropriate” for Scotland’s top law officer to brief him on “sensitive” court cases.

The Scottish Government said at the time that it considers the current position is appropriate, and that it would be for the next administration formed after the Holyrood election to consider any changes.

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Ms Bain succeeded James Wolffe KC as Lord Advocate, taking up the post in June 2021.

She served as an Advocate Depute in the Crown Office from 2002 to 2011, securing the first murder conviction against serial killer the late Peter Tobin during that time.

In 2009 she was appointed the Principal Advocate Depute, becoming the first woman to be appointed to this post.

A Scottish Government spokesperson said: “The Lord Advocate has indicated to the First Minister that she intends to leave office.

“A new Lord Advocate will be appointed as part of the process of the formation of the new Government.

“The First Minister has extended his thanks to the Lord Advocate for her dedication and public service.

“As is normal following the election, the First Minister is in the process of considering ministerial appointments, including the Lord Advocate.”