Attorney General

From Wikipedia, the free encyclopedia

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.

Usage

The term has traditionally been used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state, especially in criminal prosecutions, is such an attorney. Although a government may designate some official as the permanent attorney general, anyone who comes to represent the state in the same way, even if only for a particular case, is an attorney general, and when that is a private individual, he may be distinguished from the permanent official as being a private or pro tempore attorney general. Although most nations now mainly use full-time professional prosecutors in criminal cases, this is a fairly recent development, emerging in the latter half of the 19th century. Until the advent of public prosecutors, in the United States commonly called district attorneys at the county or district level, criminal prosecutions were conducted by private persons, usually lawyers, who would be appointed attorney general by receiving a bill of indictment from a grand jury. Today private criminal prosecutions are discouraged by judges, but the practice survives in the use of "special prosecutors" or "independent counsel" created by special legislation.

This usage can also be seen in the title "secretary general", for a secretary, or executive official, with general authority, normally the chief executive of a hierarchy of executive officials, or "surgeon general", for the chief surgeon of a team of surgeons.

Some people mistakenly think the word "general" used in that way entitles the official to the honorific "general", but this is only appropriate for military generals.[1] The word "general" in "attorney general" is an adjective (unlike the military term). The pluralization of "attorney/surgeon general" is "attorneys/surgeons general," not "attorney generals."

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 Minister for Justice and Customs is the minister assisting the Attorney-General. The current Minister is Senator Chris Ellison. The 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 a nolle prosequi with respect to a case, which authoritatively determines that the state (in whose name prosecutions are brought) does not wish to prosecute the case, so preventing any person from doing so.

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.

See also Attorney General of Ontario.

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.

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 6 law officers, namely the Solicitor General who heads the Legal Policy Division, and the Law officers who head the Prosecutions Division, Civil Law Division, International Law Division, Law Drafting Division and the Administration and Development Division. Crimes and offences are prosecuted at the suit of the Secretary of Justice.

The Secretary of Justice, appointed 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

Main article: Attorney General of India

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 of the 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

Main article: Attorney General (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

Main article: Attorney-General (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.

United Kingdom

Main article: Law Officers of the Crown

England and Wales

Main article: Law Officers of the Crown#England

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 or briefs Treasury Counsel to appear 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. Privately, he also determines issues between government departments.

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's deputy is the Solicitor General for England and Wales.

Under the Government of Wales Act 2006, the Counsel General is the chief legal adviser to the Welsh Assembly Government.

Northern Ireland

Main article: Law Officers of the Crown#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.

Scotland

Main article: Law Officers of the Crown#Scotland

Under the recent constitutional reforms, the Lord Advocate has become an officer of the Scottish Executive, while the United Kingdom Government is advised on Scots law by the Advocate General for Scotland.

The Lord Advocate is assisted by the Solicitor General for Scotland.

Other Attorneys General in the UK

Main article: Law Officers of the Crown#Other persons

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.

United States

Main article: United States Attorney General

Main article: State Attorney General

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/herself in the Supreme Court.

The individual U.S. states also have State 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

• Home page of the Brazilian Attorney General
• Home page of the Irish Attorney General
• Home page of the Canadian Department of Justice
• Home page of the Attorney General of the United States
• Home page of the Australian Attorney-General's Department
• List of Solicitors General of India