The Lord Advocate retains responsibility for the long-running investigation into SNP finances despite recusing herself from the case, the Crown Office has said.
Dorothy Bain KC, the head of Scotland’s prosecution service, has no direct involvement in the direction of Operation Branchform as she is also a member of the Scottish Government.
The top legal figure withdrew from the case after it was launched by cops in July 2021, along with the Solicitor-General.
But questions have since been raised over why the public has not been informed of the identity of the Crown Office member who is directing the probe.
Magnus Linklater, a political commentator, said this week: “In almost every other country in Europe, England included, the senior prosecutor is clearly identified, and he or she would be named as the leading legal figure in charge of such a high profile inquiry.”
Writing in the Times, he added: “In Scotland there is only a vacuum.”
Craig Hoy, a Conservative MSP, told the Record: “Transparency is crucial if the public are to continue to have faith in this long running and complex investigation into the SNP’s murky finances.
“When the Lord Advocate and Solicitor General have recused themselves from this high-profile case, the public deserve more clarity about who will be taking responsibility instead.”
The Scottish Government has previously refused to say if it is aware of the names of Police Scotland officers involved in the investigation.
Peter Murrell, the former SNP chief executive, was arrested and charged in connection with the embezzlement of funds from the SNP in April last year.
No decision has yet been announced on whether Nicola Sturgeon’s husband will face trial.
Police Scotland presented the findings of its investigations into SNP finances to the Crown Office and Procurator Fiscal Service (COPFS) in August. The force has repeatedly said it is now awaiting instructions on how to proceed.
A COPFS spokesman said: “As head of the system for the prosecution of crime the Lord Advocate remains responsible for every case, regardless of not being personally involved.
“Prosecutors take decisions independently, free from political influence or external interference, relying on evidence and the law.”
Branchform was launched by Police Scotland in July 2021 following several complaints from members of the public on how the SNP had spent donations supposedly ring-fenced for independence campaigning.
The police probe was initially focused on how cash raised in 2017 and 2019 as part of a referendum appeal was spent.
Police Scotland’s chief constable admitted in 2023 the investigation had “moved beyond” the initial inquiries of alleged fraud.
The case made UK-wide news in April 2023 when Murrell and Sturgeon’s home on the edge of Glasgow was searched over two days.
The former first minister was later questioned by detectives for several hours before being released without charge. She has repeatedly denied wrongdoing.
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