1/25
Scotland has a Crown Office problem.
@COPFS prosecutes crime and investigates sudden, suspicious and unexplained deaths. The Lord Advocate also advises government.
That is too much power behind too many closed doors.
Scotland has a Crown Office problem.
@COPFS prosecutes crime and investigates sudden, suspicious and unexplained deaths. The Lord Advocate also advises government.
That is too much power behind too many closed doors.
2/25
Prosecutorial independence matters. Nobody serious wants ministers ordering charges.
But independence should protect justice from politics. In Scotland, it too often protects institutions from scrutiny.
Prosecutorial independence matters. Nobody serious wants ministers ordering charges.
But independence should protect justice from politics. In Scotland, it too often protects institutions from scrutiny.
3/25
The Lord Advocate is both head of prosecution/death investigations and a Scottish Government Law Officer/legal adviser.
The Government's own report admits this creates complexity, tension and perception problems.
gov.scot/publications/r…
The Lord Advocate is both head of prosecution/death investigations and a Scottish Government Law Officer/legal adviser.
The Government's own report admits this creates complexity, tension and perception problems.
gov.scot/publications/r…
4/25
@ScotParl can question the Lord Advocate. Then the shutters come down.
She can refuse to answer or produce documents on particular prosecution matters where prejudice or public interest is cited.
Paper accountability with the exit door built in.
@ScotParl can question the Lord Advocate. Then the shutters come down.
She can refuse to answer or produce documents on particular prosecution matters where prejudice or public interest is cited.
Paper accountability with the exit door built in.
5/25
FOI has another locked door.
Under section 48, @FOIScotland cannot investigate appeals about @COPFS or Lord Advocate information held for prosecution or death-investigation functions.
foi.scot/appeal
FOI has another locked door.
Under section 48, @FOIScotland cannot investigate appeals about @COPFS or Lord Advocate information held for prosecution or death-investigation functions.
foi.scot/appeal
6/25
The Crown Office is where Scottish scandals go to become process.
live case
public interest
confidentiality
prejudice risk
cannot comment
cannot disclose
years pass
The public is told to trust a room it cannot enter.
The Crown Office is where Scottish scandals go to become process.
live case
public interest
confidentiality
prejudice risk
cannot comment
cannot disclose
years pass
The public is told to trust a room it cannot enter.
7/25
Rangers should have been an earthquake.
The Lord Advocate admitted prosecutions of David Whitehouse and Paul Clark had no proper evidential basis and met the legal test for malicious prosecution.
copfs.gov.uk/about-copfs/ne…
Rangers should have been an earthquake.
The Lord Advocate admitted prosecutions of David Whitehouse and Paul Clark had no proper evidential basis and met the legal test for malicious prosecution.
copfs.gov.uk/about-copfs/ne…
8/25
@AuditScotland reported COPFS had £60.5m of unplanned costs connected with claims against the Lord Advocate.
£60.5m.
When failure costs that much, “lessons learned” sounds like a receipt with no name on it.
audit.scot/uploads/docs/r…
@AuditScotland reported COPFS had £60.5m of unplanned costs connected with claims against the Lord Advocate.
£60.5m.
When failure costs that much, “lessons learned” sounds like a receipt with no name on it.
audit.scot/uploads/docs/r…
9/25
Horizon was another failure of trust.
The Lord Advocate apologised to Scottish sub-postmasters and said the Post Office, as part of Scotland’s prosecution system, failed in investigating and reporting flawed cases.
copfs.gov.uk/about-copfs/ne…
Horizon was another failure of trust.
The Lord Advocate apologised to Scottish sub-postmasters and said the Post Office, as part of Scotland’s prosecution system, failed in investigating and reporting flawed cases.
copfs.gov.uk/about-copfs/ne…
10/25
Horizon was lived misery. People were accused, convicted, bankrupted, humiliated and broken.
A prosecution system should filter out injustice.
In Scotland, that filter failed too.
Horizon was lived misery. People were accused, convicted, bankrupted, humiliated and broken.
A prosecution system should filter out injustice.
In Scotland, that filter failed too.
11/25
Emma Caldwell's case points to another wound.
Her public inquiry examines Strathclyde Police's investigation, under the direction of @COPFS, and why justice took so long.
Nineteen years is a lifetime.
emmacaldwellinquiry.scot
Emma Caldwell's case points to another wound.
Her public inquiry examines Strathclyde Police's investigation, under the direction of @COPFS, and why justice took so long.
Nineteen years is a lifetime.
emmacaldwellinquiry.scot
12/25
Deaths in custody and Fatal Accident Inquiries show the same pattern.
Families have described Scotland's FAI system as “brutal and traumatising”. @ScotHumanRights has pushed hard on delay, communication and accountability.
scottishhumanrights.com/news/families-…
Deaths in custody and Fatal Accident Inquiries show the same pattern.
Families have described Scotland's FAI system as “brutal and traumatising”. @ScotHumanRights has pushed hard on delay, communication and accountability.
scottishhumanrights.com/news/families-…
13/25
Then Alex Salmond.
The Scottish Government harassment process collapsed after judicial review. The public paid more than £512k in legal costs.
Salmond was later acquitted of all criminal charges.
theguardian.com/uk-news/2019/a…
Then Alex Salmond.
The Scottish Government harassment process collapsed after judicial review. The public paid more than £512k in legal costs.
Salmond was later acquitted of all criminal charges.
theguardian.com/uk-news/2019/a…
14/25
The Salmond saga needs care. Acquittal does not prove a prosecution was improper. Protecting complainers’ anonymity is non-negotiable.
But privacy cannot become a fog machine for unlawful process, redactions, FOI battles and managed disclosure.
The Salmond saga needs care. Acquittal does not prove a prosecution was improper. Protecting complainers’ anonymity is non-negotiable.
But privacy cannot become a fog machine for unlawful process, redactions, FOI battles and managed disclosure.
15/25
In 2026, the Court of Session found Scottish Ministers in contempt over delayed FOI compliance on Salmond-related material.
That was @scotgov, not @COPFS. The reflex is familiar: resist, delay, disclose late.
judiciary.scot/home/sentences…
In 2026, the Court of Session found Scottish Ministers in contempt over delayed FOI compliance on Salmond-related material.
That was @scotgov, not @COPFS. The reflex is familiar: resist, delay, disclose late.
judiciary.scot/home/sentences…
16/25
These are the scandals we know about.
The famous names. The public inquiries. The massive bills. The cases loud enough to break the surface.
Now ask the brutal question: what about Joe Public?
These are the scandals we know about.
The famous names. The public inquiries. The massive bills. The cases loud enough to break the surface.
Now ask the brutal question: what about Joe Public?
17/25
Joe Public does not have a profile, a KC, a journalist on speed dial, an MSP raising questions or years to burn in legal limbo.
He gets one letter, one decision, one opaque explanation and nowhere useful to go.
Joe Public does not have a profile, a KC, a journalist on speed dial, an MSP raising questions or years to burn in legal limbo.
He gets one letter, one decision, one opaque explanation and nowhere useful to go.
18/25
A system that fails high-profile cases this badly cannot be waved through on trust when ordinary people are invisible.
Scotland should be most worried about the cases that never become scandals.
A system that fails high-profile cases this badly cannot be waved through on trust when ordinary people are invisible.
Scotland should be most worried about the cases that never become scandals.
19/25
Every system has secrecy and failure. Mature democracies accept that and build guardrails.
Scotland keeps asking for deference.
Other systems build sunlight into the wiring.
Every system has secrecy and failure. Mature democracies accept that and build guardrails.
Scotland keeps asking for deference.
Other systems build sunlight into the wiring.
20/25
Canada: if the Attorney General directs the federal DPP on a specific prosecution, it must be in writing and published in the Canada Gazette.
Political fingerprints eventually become visible.
laws-lois.justice.gc.ca/eng/acts/d-2.5…
Canada: if the Attorney General directs the federal DPP on a specific prosecution, it must be in writing and published in the Canada Gazette.
Political fingerprints eventually become visible.
laws-lois.justice.gc.ca/eng/acts/d-2.5…
21/25
Australia: the Commonwealth DPP operates independently, but Attorney-General directions or guidelines must be written, after consultation and tabled in Parliament.
A paper trail. Imagine that.
cdpp.gov.au/about-us
Australia: the Commonwealth DPP operates independently, but Attorney-General directions or guidelines must be written, after consultation and tabled in Parliament.
A paper trail. Imagine that.
cdpp.gov.au/about-us
22/25
England/Wales: HMCPSI independently inspects the CPS and SFO.
Scotland’s @IP_Scotland is appointed by and reports to the Lord Advocate.
That is scrutiny inside the family photograph.
hmcpsi.justiceinspectorates.gov.uk/about-us/
England/Wales: HMCPSI independently inspects the CPS and SFO.
Scotland’s @IP_Scotland is appointed by and reports to the Lord Advocate.
That is scrutiny inside the family photograph.
hmcpsi.justiceinspectorates.gov.uk/about-us/
23/25
Ireland: the DPP says the Government and Gardaí cannot make her prosecute or stop her prosecuting.
Clean message: independent prosecution without Scotland’s dual-role fog.
dppireland.ie/criminal-justi…
Ireland: the DPP says the Government and Gardaí cannot make her prosecute or stop her prosecuting.
Clean message: independent prosecution without Scotland’s dual-role fog.
dppireland.ie/criminal-justi…
24/25
Reform is overdue:
split the Lord Advocate’s roles
create a DPP-style prosecutor
separate government legal advice from prosecution
strengthen FOI appeals
make inspection genuinely external
publish delay data and contact logs
Reform is overdue:
split the Lord Advocate’s roles
create a DPP-style prosecutor
separate government legal advice from prosecution
strengthen FOI appeals
make inspection genuinely external
publish delay data and contact logs
25/25
Sunlight strengthens justice. Scrutiny builds confidence. “Trust us” has run out of road.
The Crown Office is Scotland’s accountability black hole.
It needs opened, split and dragged into daylight.
Sunlight strengthens justice. Scrutiny builds confidence. “Trust us” has run out of road.
The Crown Office is Scotland’s accountability black hole.
It needs opened, split and dragged into daylight.
@threadreaderapp unroll please
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