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Why Did the Lord Advocate Brief Swinney on Murrell Charge?

First Minister John Swinney cites a longstanding tradition of briefing on sensitive cases to prevent prejudicing prosecutions despite criticism over political advantage claims.

  • Tuesday's documents show that Lord Advocate Dorothy Bain briefed First Minister on charges against Peter Murrell in March 2025, months before public reports in February 2026.
  • The Lord Advocate's dual role, created by the Scotland Act 1998, dates back to that legislation and the Scottish Government commissioned research into the role.
  • Recalled to Holyrood, Bain explained that she had not seen the March 2025 document before entering and published files on around 30 instances.
  • Opponents say the briefing conferred a `political advantage`, while First Minister John Swinney defended the practice and said ministers will set out further steps after considering commissioned research.
  • Murrell is due in court on May 25 for a preliminary hearing over alleged embezzlement of £460,000 and the case is live under the Contempt of Court Act; ministers are considering research later this year on splitting the Lord Advocate's dual role.
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‘Entirely appropriate’ for Lord Advocate to brief First Minister, Swinney says

John Swinney said there is a ‘long standing tradition’ of lord advocates providing information to the head of the government on ‘sensitive’ cases.

·London, United Kingdom
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BBC News broke the news in United Kingdom on Wednesday, February 25, 2026.
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