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 Ms Bain has now indicated to First Minister John Swinney that she “intends to leave office”.
Mr Swinney is currently in the process of considering ministerial appointments, including the Lord Advocate, following last week’s Holyrood election.
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 Mr Swinney of the charges against former SNP chief executive Peter Murrell around 10 months before they were made public.
Mr Swinney 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 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.
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 in the 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.”
Speaking to the Press Association during a visit to Aberdeen, Scottish Conservative leader Russell Findlay said he hopes Ms Bain stepping down could be an opportunity to reform the role.
“The Lord Advocate’s dual role is fundamentally wrong, it’s untenable,” he said.
“You cannot be in charge of prosecuting all crimes in Scotland and investigating all suspicious deaths with the great responsibility that carries while also sitting as a member of the Government.
“Those two roles should be separated out and Dorothy Bain’s departure seems the right time to do so.
“I would urge John Swinney to finally do the right thing and back our calls to end this dual role of the Lord Advocate.”
Responding to Mr Swinney’s comments, a spokesman for the Scottish Government said: “As protected by the Scotland Act, the law officers operate with integrity and entirely independently of any other person as they undertake their prosecutorial functions.
“The First Minister has made clear that in undertaking her duties, the Lord Advocate has delivered unimpeachable service.
“A report on the law officers’ roles and functions sets out how and why the current system works and its considerable strengths.
“Careful consideration would be required if there were to be any changes made to the ways in which the law officers’ various functions were allocated. Separating the functions would require legislation by the UK Parliament.”