Keith called to the Bar in 1993, directly after completing his training as a solicitor. He developed a broadly based civil law practice before he was appointed as a full time Advocate-Depute in 2002, having undertaken ad hoc commissions for the Crown since 2000.
In 2004 he was appointed senior Advocate-Depute, in which capacity he served till 2009, undertaking prosecution work ad hoc thereafter. Between 2009 and 2020 he specialized in crime, whilst also undertaking civil work in areas including defamation, prisoners’ rights and intellectual property rights. Between 2020 and 2024 he served as Advocate General for Scotland. As one of the three Law Officers of the government of the United Kingdom, he was responsible for giving confidential advice on law, and on legal considerations arising out of U.K. Government policy.
He spoke for the Government in the passage of Bills through Parliament, from the floor of the House of Lords and in Committee. He undertook high level scrutiny of proposed primary and secondary legislation, carrying out assessment of its compatibility with domestic law, ECHR, and international law.
He was responsible for advising the U.K. Government on the legislative competency of Scottish Parliament legislation, and in furtherance of that duty, instructed Attorney General’s Reference, United Nations Convention on the Rights of the Child (Incorporation) (S) Bill 2022 S.C. (U.K.S.C.) 1; Keatings v. Advocate General 2021 S.C. 129; and Scottish Ministers (Petrs.) [2023] C.S.O.H. 89 (judicial review by the Scottish Government following upon the order made under s. 35 of the Scotland Act 1998 in relation to the Gender Recognition Reform (S) Bill). He superintended all civil litigation and tribunals work in Scotland involving the U.K. Government.
H.M. Advocate v. Bermingham (2018): (defence of man accused inter alia of child abduction)
H.M. Advocate v. Johnstone and anr. (2019) (defence of man accused of the murder of his half-sister- the ‘Witches’ Monument’ trial)
Clutha Vaults helicopter crash F.A.I. (2019) (represented a relative of one of the deceased)
H.M. Advocate v. Harrison (2018) (defence of man charged with murder)
H.M. Advocate v. Henderson & others (2018) (defence of man charged with murder in which a co-accused had already pled to murder)
H.M. Advocate v. Rogers (2018) (prosecuted ad hoc in trial for murder where the pannel argued diminished responsibility; appeal reported sub nom.
Rodgers v. H.M. Advocate 2019 J.C. 150, 2019 S.C.C.R. 230.
Yazdanparast v. H.M. Advocate 2016 J.C. 12, 2015 S.L.T. 626; 2015 S.C.L. 927, 2015 S.C.C.R. 374 (appeal based on defective representation at trial for murder)
Moynihan v. H.M. Advocate 2019 S.C.C.R. 61, 2019 S.L.T. 370 (appeal against Crown’s intention to lead docket evidence specifying facts and circumstances of a previous incident in which the appellant had been tried and acquitted.)