Dorothy Ruth Bain (born 1964) is a Scottish advocate who has served as Lord Advocate since 2021. She is the second woman to hold the office after Lady Elish Angiolini KC. Bain previously served as the Principal Advocate Depute from 2009 to 2011, the first woman to hold the prosecutorial position in Scotland.
Born in Edinburgh, Scotland, Bain attended the University of Aberdeen School of Law, graduating with an LLB and a Diploma in Legal Practice. In 1994, she became an advocate and in 2007 she was appointed Queen's Counsel, now King's Counsel. Bain served as an Advocate Depute in the Crown Office from 2002 to 2011 and was appointed the first female Principal Advocate Depute from 2009 to 2011. In 2008, she was commissioned to report on the prosecution of sex crimes in Scotland, the outcome of which led to the formation of Scotland's National Sex Crimes Unit in 2009. She returned to private practice in 2011.
First Minister Nicola Sturgeon nominated Bain for Lord Advocate and on 22 June 2021 she was sworn into office at the Court of Session with Ruth Charteris KC, Solicitor General. It is the first time both positions have been held by women at the same time. In October 2022, she argued the Scottish Government's unsuccessful case in the UK Supreme Court on the legality of a second referendum on Scottish Independence.
Early life
Dorothy Ruth Bain was born in 1964 in Edinburgh, Scotland. One of five children, Bain's mother was a shorthand typist and her father was a postman. She attended the University of Aberdeen, where her older sister, Helen, was studying medicine and then her younger sister, Elizabeth, would later study psychology. They were the first generation in her family to attend university. She earned an LLB degree and a Diploma in Legal Practice.
Legal career
Early career
Completing her traineeship with TF Reid & Donaldson, a law firm in Paisley, Bain was still unsure of where she wanted to take her legal career. After working for Dundas & Wilson, she began her career as an advocate in 1994. She worked in civil practice from 1994 until 2002.
Advocate Depute; 2002 to 2009
From 2002 to 2011 she served as an Advocate Depute working within the Crown Office and Procurator Fiscal Service. In 2008, she was commissioned by the Lord Advocate, Elish Angiolini, and the Solicitor General, Frank Muholland, to report on and make recommendations on the prosecution of sex crimes in Scotland, the outcome of which led to the formation of Scotland's National Sexual Crimes Unit.
Principal Advocate Depute; 2009 to 2011
In June 2009, Bain became the first and highest-ranking female to hold the prosecutorial position in Scotland, as Principal Advocate Depute. She became known for her prosecution of high-profile cases such as the serial killer Peter Tobin, the Operation Algebra case which resulted in the conviction of (then) the largest paedophile ring in the UK, as well the prosecution of four members of a drug gang for murder, and a wide-ranging 2009 child pornography case.
Bain has been instructed in cases at all levels, including the Court of Session, Court of Criminal Appeal, High Court of Justiciary, Supreme Court of the United Kingdom, and the European Court of Human Rights.
In 2011, following the promotion of Frank Mulholland QC as Lord Advocate, Bain was seen as a likely contender to succeed Mulholland as Solicitor General. However, she was not nominated by Alex Salmond and the office was given to Lesley Thomson.
Private Practice
Bain returned to private practice in 2011. She represented the family of a victim of the 2014 Glasgow bin lorry crash. She also represented the petitioner in a petition to the Nobile Officium of the High Court of Justiciary which held that where an accused person in criminal proceedings seeks to admit evidence of sexual history, the complainer must be told of the content of the application; invited to comment on the accuracy of any allegations within it; and be asked to state any objections which they might have to the granting of the application. She was Counsel to the Investigatory Powers Tribunal in Scotland and Chair of the Police Appeals Tribunal.