Dorothy Bain

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Bain in 2022 Ruth Charteris, Ashley Edwards and Dorthy Bain (cropped).jpg
Bain in 2022

From 21 May 2020, Bain, as Lord Advocate, directed that any death in Scotland, either confirmed or expected, from the COVID-19 pandemic be reported to the Crown and Procurator Fiscal Service. Following this direction by the Lord Advocate, the Crown and Procurator Fiscal Service established a COVID Deaths Investigation Team who works closely in conjunction with Police Scotland and other agencies throughout Scotland to obtain information regarding deaths in Scotland from May 2020 in order for these deaths to be fully investigated by both the Lord Advocate and the Crown and Procurator Fiscal Service. [45]

Bain established Operation Koper in her role as Lord Advocate, serving as the head of the systems of prosecution and investigation of deaths in Scotland. Since Operation Koper began, it resulted in thousands of deaths in Scotland being investigated by the Crown Office under the Lord Advocate, but families were said to be "left in limbo" as there had been no commitment to the holding of a fatal accident inquiry (FAI) regarding these deaths. [46] Only the Lord Advocate can formally launch a fatal accident inquiry, and such an inquiry is at the discretion of the Lord Advocate. [47]

As Lord Advocate, Bain changed the system for the way deaths relating to Covid-19 were required to be reported in Scottish care homes under Operation Koper. The change in the system by Bain as Lord Advocate was praised by agencies such as Scottish Care, Scotland's independent care service operator. [48]

Horizon scandal

Bain addresses the Scottish Parliament regarding the Horizon Scandal, 16 May 2024 Dorothy Bain, Scottish Parliament statement, May 2024.png
Bain addresses the Scottish Parliament regarding the Horizon Scandal, 16 May 2024

In January 2024, it was revealed that Bain could be brought forward by the Scottish Parliament for questioning relating to the wrongful prosecution of up to 100 Post Office branch managers in Scotland as part of the horizon scandal. Although the Crown Office was advised of issues in 2013, they did not stop pursuing cases relating to the scandal until two years later. The BBC published that Bain, as Lord Advocate, could be questioned about why concerns were not made sooner by the Crown Office. First Minister Humza Yousaf told the Scottish Parliament on 11 January 2024 that after speaking with Bain, she was "more than happy to consider whether it was a briefing or whether it was a ministerial statement". He also stated that ultimately Bain will have the power to decide any future steps regarding the scandal and how any questions relating to it will be handled. Yousaf had earlier confirmed that all individuals wrongly accused in Scotland would have their convictions overturned. [49]

In May 2024, Bain, as Lord Advocate, stripped the Post Office of its status as a reporting agency. Instead, the Post Office would have to report all allegations of crime within the organisation to Police Scotland. In a statement, Bain said "because of its fundamental and sustained failures in connection with Horizon cases in Scotland, I've decided that Post Office Limited is not fit to be a specialist reporting agency". She further confirmed that the Post Office in Scotland "is therefore no longer able to investigate and report criminal allegations directly to the Crown and it should now instead report any allegations of criminality to Police Scotland for them to investigate". [50]

Calls for reform

Since Bain assumed the role of Lord Advocate in 2021, there have been calls for the position to be reformed. In January 2024, SNP MP Joanna Cherry KC introduced a private members bill in the House of Commons that would allow for powers to be given to the Scottish Parliament to reform the Lord Advocate's role. The proposals for reform include the dividing of the Lord Advocate's role as the chief legal adviser to the Scottish Government, as well as serving as the head of the Scottish prosecution service. If successful in its reform, the chief legal adviser and head of the prosecution service would become two separate positions, with only the chief legal adviser being a member of the Scottish Government.

Cherry argued in her statement that the proposals would eliminate any cause for concern regarding "conflict of interest", naming high profile cases such as the "Alex Salmond harassment case, the Rangers F.C. malicious prosecution scandal and the ongoing investigation into SNP finances" as examples as to why such accusations could be made given the Lord Advocate's current role within the Scottish Government as its chief legal adviser. [51]

Personal life

Bain is married to Alan Turnbull, Lord Turnbull, a Scottish judge in the Court of Session's Inner House. [52] [53]

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References

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The Right Honourable
Dorothy Bain
KC
Official Portrait of Dorothy Bain QC 2021 (cropped).jpg
Official portrait, 2021
Lord Advocate
Incumbent
Assumed office
22 June 2021
First Minister Nicola Sturgeon
Humza Yousaf
John Swinney
Solicitor General Ruth Charteris
Preceded by James Wolffe
Legal offices
Preceded by Lord Advocate
2021–present		Incumbent
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