Attorney General

In most common law jurisdictions, the Attorney General or Attorney-General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions.

Australia

In Australia the Attorney-General is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security and the Australian Security Intelligence Organisation. The current Attorney-General, as of 2006, is Phillip Ruddock.

The Justice and Customs Minister is the minister assisting the Attorney-General. The current Minister is Senator Chris Ellison. The Justice and Customs Minister is responsible for the Australian Federal Police and the Australian Customs Service.

The Australian states each have an Attorney-General, who is a state minister with similar responsibilities to the federal minister with respect to state law.

Functions of the state and federal Attorneys-General include the administration of the selection of persons for nomination to judicial posts, and authorising prosecutions. In normal circumstances the prosecutorial powers of the Attorney-General are exercised by the Director of Public Prosecutions and staff, however the Attorney-General maintains formal control, including the power to initiate and terminate public prosecutions and take over private prosecutions. Statutory criminal law provides that prosecutions for certain offences require the individual consent of the Attorney-General. This is generally for offences whose illegality is of a somewhat controversial nature, or where there is perceived to be a significant risk that prosecutions of a political nature may be embarked upon. The Attorney-General also generally has the power to issue certificates legally conclusive of certain facts (e.g. that the revelation of certain matters in court proceedings might constitute a risk to national security); the facts stated in such certificates must be accepted by the courts and cannot legally be disputed by any parties. The Attorney-General also has the power to issue directions of nolle prosequi with respect to an offence, which legally prohibit any person from prosecuting it.

Brazil

In Brazil the Attorney General, known as the Procurador Geral da República, is the head of the federal prosecution service, Ministério Público Federal, organ also known as the Procuradoria Geral da República, an autonomous organ in charge of criminal prosecution, the defence of minorities' interests, the environment, and the protection of constitutional values. The Attorney General heads a group of independent magistrates who work to investigate and prosecute criminal and civil offenses committed against society and, specially, against racial, sexual, religious and political minorities or the environment. The task of advising the President, head of the Executive Branch, is left to the Advocate General, office in charge of defending the federal government, and the Minister of Justice, a cabinet member who is in charge of the federal police, amongst other duties, organ which investigating activities are overseen by federal prosecutors (Procuradores da República) in the Attorney General's office. Since Brazil is a Federation, in every state there is a local prosecution organ, the Procuradoria Geral de Justiça do Estado (State Attorney General), with the same attributions, at a local level, of the federal organ. A State prosecutor is called Promotor de Justiça. Both federal and state prosecutors are public servants who start working after approval in public exams.

Canada

The Minister of Justice and Attorney General are combined into one cabinet position in Canada. The Attorney General is the chief law officer of The Crown. The Minister of Justice is concerned with questions of policy and their relationship to the justice system.

The Minister of Public Safety and Emergency Preparedness (previously titled Solicitor General) is a separate cabinet position and administers the police, prisons, and security agencies of the federal government.

Egypt

The Egyptian State Lawsuits Authority is an Egyptian judicial institution that resembles, in respect of competencies, the United States Solicitor General.

The Egyptian State Lawsuits Authority had been established in 1874 prior to the establishment of the Egyptian national courts in 1883. The Authority represents the interests of the state in a variety of areas before national and international courts and arbitral tribunals. Under the applicable law, the Egyptian State Lawsuits Authority is granted the power to proceed to plead on behalf of the state even if the state itself does not like to do so and vice versa. Organizationally, the Egyptian State Lawsuits Authority is divided into several departments, each of which is competent to represent the state before a specified kind of courts with respect to jurisdiction. All the departments are headed by their respective vice presidents, however, the president of the Authority shall preside the Department of Foreign Disputes.

The members of the Department of Foreign Disputes are in charge of representing the Arab Republic of Egypt before the International Court of Justice (ICJ), International Centre for Settlement of Investment Disputes (ICSID), Cairo Regional Centre for International Commercial Arbitration (CRCICA), International Chamber of Commerce in Paris (ICC) and any other international arbitral or judicial panel for the settlement of International Disputes where Egypt is a party thereto. The current State Solicitor Asser Harb is primarily known for his eminent international legal practice within the Department of Foreign Disputes.

In General, the main mission of the Egyptian State Lawsuits Authority is to defend the public funds and interests of the Egyptian people.

England and Wales

The United Kingdom has several law officers, for Scotland, see Lord Advocate, and see also Law Officers of the Crown

The Attorney General for England and Wales is similarly the chief law officer of the Crown in England and Wales, and advises and represents the Crown and government departments in court. In practice, the Treasury Solicitor normally provides the lawyers to do the actual appearance in court, although the Attorney General may appear in person if he wishes. He provides legal advice to the Government; for example, on the legality of the second Gulf War. He also acts as the representative of the public interest; for example, in relation to charities.

The Attorney General has supervisory powers over the prosecution of criminal offences, but is not personally involved with prosecutions; however, some prosecutions (e.g. Riot) cannot be commenced without his consent, and he has the power to halt prosecutions generally. Criminal prosecutions are the responsibility of the Crown Prosecution Service, headed by the Director of Public Prosecutions. The Attorney General may appeal cases to the higher courts where, although the particular case is settled, there may be a point of law of public importance at issue.

The Attorney General of the Duchy of Cornwall is the chief legal adviser to the Prince of Wales, and there is a separate Attorney General for the Duchy of Lancaster, an appointment that is held by the Crown.

The Attorney General's deputy is the Solicitor General

Hong Kong

The Attorney General of Hong Kong, renamed Secretary for Justice after transfer of sovereignty in 1997, is the legal adviser of the Hong Kong Government and heads the Department of Justice, assisted by the Solicitor General. Crimes and offences are prosecuted at the suit of the Secretary of Justice.

The Secretary of Justice, appointed (ceremonial) by the Central People's Government in Beijing on the advice of the Chief Executive, is an ex-officio member of the Executive Council. The position is normally held by a legal professional, and, before July 2002, a civil service position.

India

Ireland

In the Republic of Ireland the Attorney-General is the principal law officer of the state and legal adviser to the Government of Ireland. He is not a member of the Government though he attends cabinet meetings. He is appointed by the President of Ireland upon the nomination of the Taoiseach. Before 1974 all crimes and offences were prosecuted at the suit of the Attorney General. Since then indictable criminal offences have been prosecuted by the Director of Public Prosecutions. The Office of the Parliamentary Counsel to Government is a constituent department of the Office of the Attorney General. Prior to 1922, a similar role was performed by a UK Government Minister, the Attorney-General for Ireland.

See also: Chief State Solicitor

Isle of Man

In the Isle of Man, Her Majesty's Attorney General is a Crown appointment and Mr Attorney sits in the Legislative Council (Isle of Man), 'ex officio'.

Malaysia

In Malaysia the Attorney General or Peguam Negara (as he is referred to in Bahasa Malaysia) is the principal legal adviser to the Government. He has the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.

Mexico

In Mexico the Procuraduría General de la República is an institution belonging to the Federal executive branch that is responsible of the investigation and prosecution of federal crimes.

New Zealand

In New Zealand, the Attorney-General is the chief law officer and primary legal advisor of the New Zealand government. Historically, the post could be held either by a politician or by a senior jurist, but today, it is invariably held by a member of Parliament. The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. The Attorney-General has departmental responsibility for the Crown Law Office, the Parliamentary Counsel Office, and the Serious Fraud Office. By tradition, persons appointed to the position of Attorney-General have almost invariably been lawyers. Only two former Attorneys-General have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006. Cullen's appointment was controversial at the time because of his non-legal background.

Northern Ireland

During the period of direct rule in Northern Ireland from 1973 to 1998, the Attorney General for England and Wales was also Attorney General for Northern Ireland. Under the Good Friday Agreement, the Northern Ireland executive is now advised by an Advocate General for Northern Ireland.

United States

In the Federal Government of the United States, the Attorney General is a member of the Cabinet and as head of the Department of Justice is the top law enforcement officer and lawyer for the government. The attorney general may need to be distinguished from the Solicitor General, a high Justice Department official with the responsibility of representing the government in the Supreme Court. In cases of exceptional importance, however, the Attorney General may choose to represent the government himself in the Supreme Court.

The individual U.S. states also have Attorneys General with similar responsibilities. The majority of state Attorneys General are chosen by popular election, as opposed to the U.S. Attorney General who is a Presidential appointee.

See also: District Attorney

External links

Legal occupations

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