Lord Advocate Dorothy Bain KC has commented on significant developments within the Scottish justice system, as she approaches the end of her tenure.
The Lord Advocate said: “To lead the system for the prosecution of crime and investigation of deaths is an act of public service. To me, serving as Lord Advocate has been a privilege.
“The Crown Office and Procurator Fiscal Service is the sum of many parts and I am indebted to every skilled professional whose work is so crucial to justice in Scotland yet largely goes unseen.”
Ms Bain assumed office in June 2021 and was joined by Ruth Charteris KC who became Solicitor General: a historic development as the first time both the senior law officer roles were held by women.
Post-Covid recovery; work with US authorities on a new prosecution over the Lockerbie bombing; the UK’s first safe drug-consumption room; a widescale Sexual Offences Review and transformative changes to corroboration requirements – the Lord Advocate’s tenure has been punctuated by change.
She particularly welcomed changes in the interpretation of the law towards recognising the experiences of women and children of violence and other forms of exploitation – while acknowledging the challenges that remain.
Ms Bain said: “It has been my personal priority as Lord Advocate to radically challenge and change the way we approach and prosecute cases of sexual and domestic abuse.
“Over the past five years, I have seen real progress in how the justice system responds to these crimes. I feel encouraged that this change will only gather momentum as we move forward.
“Central to it has been our renewed determination as prosecutors to reflect the lived experience of victims in all that we do.
“It is clear to me that progress could not have been made – nor will it continue – without placing survivors experiences at the centre of our understanding of exploitation, abuse, and justice.
“Our ultimate aim is the prevention of harm. It is through the experiences, the stories, and the painful realities brought into the criminal courts that we may find ways to realise that ambition.”
Ms Bain’s term has been guided by her strong commitment that a prosecution service which operates in the public interest must be progressive and humane, with the principles of justice and mercy at its heart.
She said: “I was struck recently by powerful press reporting which carried photos of the many women who had lost their lives to male violence in the past five years.
“We see in their faces the terrible human cost: the loss of mothers, daughters, sisters and friends at the hands of another – most often someone known to them.
“Violence is a scourge across society but it is clear that women and girls are disproportionately victims. The law must recognise their disadvantage.”
The Lord Advocate said she had strived to use the instrument of the law to bring transformative change.
“I believe the law cannot stand still. It is a living, breathing instrument which is responsive and progressive.
“Crown appeals taken during my tenure have led to decisions that recognise the aggravated nature of sexual and domestic offending.
“The Lord Advocate’s References have re-drawn understanding of corroboration in a way that allows prosecutors to lead evidence, particularly in sexual offences, in a way that better reflects victims’ lived experience and improves access to justice for more victims.”
Last year saw the largest increase in domestic abuse convictions since new legislation was enacted in 2019.
Convictions under the Domestic Abuse (Scotland) Act 2018 rose 19 percent, from 756 to 897, the highest figure since the law came into force, capturing a course of abusive behaviour and coercive control.
Rape and attempted rape convictions also rose by 19 percent to 221 while convictions for sexual assault increased by 15 percent to 421, the highest total since 1989.
Ms Bain said: “These are significant increases and point to progress in all parts of the criminal justice system.
“But there is no room for complacency. In the year up to March 2025, 30,227 domestic abuse charges were reported to COPFS. Women continue to be abused. Some victims are killed.
“Domestic abuse causes physical injury, emotional distress and profound trauma. It is also a cause of deaths.”
The Lord Advocate welcomed recent developments in proving the link between domestic abuse and suicide.
In the first prosecution of its kind in Scotland, Lee Milne of Dundee was found guilty of culpable homicide after his wife Kimberly jumped from a road bridge following a campaign of emotional and physical abuse.
Ms Bain said: “My hope is that our work will help to deepen public understanding of the devastating impact that prolonged emotional and physical harm can have on victims of domestic abuse.”
As she prepares to step down, Ms Bain insists that she looks to the future with determination, confident of on-going change within the justice system.
She said: “As prosecuting counsel of some of the most serious offending ever seen in Scotland, I know that the work we do is hard and can be unrelenting. It must be, because it matters.
“There are daily challenges that require radical thinking and decisive action to resolve. At every level, we must maintain the values central to our unique work.
“We must commit to continuing this work, to making real change, and to contributing to the evolution of a justice system which truly reflects those we serve.”