Law officers of the Crown
The Law Officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography - though other terms are also in use, such as the Counsel General for Wales. Law Officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers.[1] These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between Law Officers and the State Attorneys General of the United States or US Attorney General.
Each British Overseas Territory, apart from the British Indian Ocean Territory, also has its own Attorney General. Many Commonwealth countries or those with a history of British colonisation retain these titles, though their particular roles and responsibilities may differ from the roles in the United Kingdom.
There are eight Law Offices in the United Kingdom, though not all serve the
The two Attorneys General for the Duchies of Lancaster and Cornwall are non-political appointments. They are not typically being referred to when the term 'law officer' is used, as this tends to be reserved for political appointees.
Law Officers of the UK
England
The
The Attorney General oversees the small
The Attorney General also has supervisory powers over prosecutions, including those mounted by the
The Attorney General has public interest functions, being, for example, the trustee of default where a sole trustee has died, and can also take cases to the Supreme Court where points of general legal importance need to be settled.
The Attorney General's deputy is the
Northern Ireland
Since the prorogation of the Parliament of Northern Ireland in 1972, the Attorney General for England and Wales was also Attorney General for Northern Ireland. The separate office of Attorney General for Northern Ireland was re-created alongside the new office of Advocate General for Northern Ireland upon the devolution of policing and justice powers to the Northern Ireland Assembly on 12 April 2010. As a result, these functions were split between:
- The UK Government on Northern Ireland law.[3]The post is held by the Attorney General for England and Wales by virtue of office.
- The Attorney General for Northern Ireland, who is the chief legal adviser to the Northern Ireland Executive.[4] John Larkin QC was appointed to that position on 24 May 2010 by the First Minister and deputy First Minister of Northern Ireland, held by Brenda King, since 18 August 2020.[5]
Scotland
Under the 1999 constitutional reforms brought about by the
The Lord Advocate is not head of the Faculty of Advocates; that position is held by the Dean of the Faculty of Advocates. The position of Lord Advocate is the most senior of the two Scottish law officers, and the Lord Advocate is a member of the Scottish Government. The Lord Advocate serves as the head of the criminal prosecution system and has sole responsibility for the investigation of deaths within Scotland. Additionally, the Lord Advocate is the sole, principal legal adviser to the Scottish Government and acts as the representative of the Scottish Government within civil proceedings and hearings. [12] They have the power to refer a bill of the Scottish Parliament to the Supreme Court within the four week timeframe period to allow the Supreme Court to determine whether any aspect of a Scottish parliamentary bill or any associated provisions of a bill are out–with the legislative competence of the Scottish Parliament, should it be disputed by any member of either the Scottish Parliament, UK Parliament or any other Scottish or UK politician. [13]
The Lord Advocate, held by
The Lord Advocate is assisted by the Solicitor General for Scotland, held by Ruth Charteris, since 22 June 2021. The Solicitor General is the deputy to the Lord Advocate, and act as an assistant to the Lord Advocate undertaking their functions.[15] As with the Lord Advocate, the Solicitor General is appointed by the monarch on the recommendation of the incumbent First Minister of Scotland. [16] As well as supporting the Lord Advocate in the delivery of the Lord Advocate's functions, the Solicitor General may also exert their statutory and common law powers, where necessary.[17] Both the Lord Advocate and Solicitor General for Scotland are independent from the Scottish Government and its ministers in connection to criminal prosecutions and death investigations within Scotland. The duty to act independently on matters from both the Scottish Government and Scottish ministers is recognised in Section 48(5) of the Scotland Act 1998.[18]
Meanwhile, the United Kingdom Government is advised on Scots law by the Advocate General for Scotland, and from 1707 to 1998, the Lord Advocate was the chief legal adviser of the British Government and the Crown on Scottish legal matters, both civil and criminal, until the Scotland Act 1998 devolved most domestic affairs to the Scottish Parliament. Since the re–establishment of the Scottish Parliament and Scottish Government in 1999, there has been a reduced role of the British Government in Scots law. The office of Advocate to the monarch is an ancient one, pre–dating the Treaty of Union 1707 and existed in the pre–union Kingdom of Scotland. The first recorded Lord Advocate was Sir John Ross of Montgrenan, who is formally mentioned in 1483.[19] At this time the post was generally called the King's Advocate and only in the year 1573 was the term "Lord Advocate" first used.[20]
Wales
Under the Government of Wales Act 2006, the Counsel General for Wales is the chief legal adviser to, and a member of, the Welsh Government.
Non-political attorneys general
Some subjects are entitled to have an attorney general: these include a queen consort and the Prince of Wales, who has an Attorney General for the Duchy of Cornwall. There is also an Attorney-General of the Duchy of Lancaster, which is a mostly landed inheritance that is held by the Crown (in trust for the monarch) and administered independently of the monarch under the supervision of a government minister, the Chancellor of the Duchy of Lancaster.
Defunct legal offices
Before the establishment of the Irish Free State in 1922, the legal advisers to the Crown in the Courts of Ireland were the Attorney-General for Ireland and the Solicitor-General for Ireland. These offices became redundant in 1921.
The Crown also had a legal adviser for the
The Crown's representative in the
Though not defunct, the Judge-Advocate General was ranked among the Law Officers until the beginning of the 19th century.
Current Law Officers of the Crown
Law Officer | Name | ||
---|---|---|---|
Government of the United Kingdom | |||
Attorney General for England and Wales Advocate General for Northern Ireland |
Victoria Prentis, KC, MP | 25 October 2022 | |
Solicitor General for England and Wales | Robert Courts, KC, MP | 7 December 2023 | |
Advocate General for Scotland | Keith Stewart, Baron Stewart of Dirleton, KC | 15 October 2020 | |
Scottish Government | |||
Lord Advocate | Dorothy Bain, KC | 22 June 2021 | |
Solicitor General for Scotland | Ruth Charteris, KC | 22 June 2021 | |
Welsh Government | |||
Counsel General for Wales | Mick Antoniw, MS | 13 May 2021 | |
Northern Ireland Executive | |||
Attorney General for Northern Ireland | Brenda King | 18 August 2020 | |
Royal Family | |||
Attorney-General of the Duchy of Lancaster | Sonia Tolaney | 30 October 2020 | |
Attorney-General of the Duchy of Cornwall | Sharif Shivji | December 2020 |
Attorneys General of the British Overseas Territories
References
- ^ a b c d McCormick, Conor (Queen's University Belfast); Cowie, Graeme (HoC Library) (28 May 2020). Briefing Paper - The Law Officers: a Constitutional and Functional Overview (PDF) (Report). House of Commons Library. Number 08919.
- ^ "Attorney General's Office". UK Government. Retrieved 11 July 2022.
- ^ "Attorney General's Office: Statement on Northern Ireland devolution". 12 April 2010. archived on 17 August 2012
- ^ section 22, Justice (Northern Ireland) Act 2002 (c.26)
- ^ "OFMDFM: Appointment of Attorney General announced". 24 May 2010. Archived from the original on 24 April 2011.
- ^ sections 44 and 87, Scotland Act 1998
- ^ "Lord Advocate: role and functions". Gov.scot. Scottish Government. Retrieved 1 January 2024.
- ^ "Lord Advocate". Gov.scot. Scottish Government. 16 August 2021. Retrieved 1 January 2024.
- ^ "Lord Advocate: role and functions". Gov.scot. Scottish Government. Retrieved 1 January 2024.
- ^ "Lord Advocate: role and functions". Gov.scot. Scottish Government. Retrieved 1 January 2024.
- ^ "Lord Advocate: role and functions". The Scottish Government. Scottish Government. Retrieved 31 December 2023.
- ^ "Lord Advocate: role and functions". The Scottish Government. Scottish Government. Retrieved 31 December 2023.
- ^ "Lord Advocate: role and functions". Gov.scot. Scottish Government. Retrieved 1 January 2024.
- ^ "Lord Advocate: role and functions". Gov.scot. Scottish Government. Retrieved 1 January 2024.
- ^ "Our leadership and structure". Copfs.gov.uk. Crown Office and Procurator Fiscal Service. Retrieved 1 January 2024.
- ^ "Our leadership and structure". Copfs.gov.uk. Crown Office and Procurator Fiscal Service. Retrieved 1 January 2024.
- ^ "Solicitor General". Gov.scot. Scottish Government. Retrieved 1 January 2024.
- ^ "Lord Advocate: role and functions". Gov.scot. Scottish Government. Retrieved 1 January 2024.
- ^ Fifth Report of Session 2006-07: Constitutional Role of the Attorney General (PDF). House of Common Constitutional Affairs Committee. 19 July 2007. p. 145. Retrieved 31 January 2024.
- ^ "Borthwick".
- ^ Haydn's Book of Dignities, 1894
- ^ "Attorney General's Chambers". Government of Anguilla. Retrieved 11 July 2022.
- ^ "Bermuda Parliament". parliament.bm. Retrieved 11 July 2022.
- ^ "Who We Are". British Antarctic Territory. Retrieved 11 July 2022.
- ^ "British Indian Ocean Territory". UK Government. Retrieved 11 July 2022.
- ^ "Appointment of New Commissioner for BIOT, Paul Candler". British Indian Ocean Territory. 8 July 2021. Retrieved 11 July 2022.
- ^ "Dawn J. Smith Appointed Attorney General". British Virgin Islands (BVI) London Office. 21 September 2020. Retrieved 11 July 2022.
- ^ "Portfolio of Legal Affairs". Cayman Islands Government.
- ^ a b "Law and Regulation Directorate". Falkland Islands Government. Retrieved 11 July 2022.
- ^ "Gibraltar Law Offices - Attorney General". HM Government of Gibraltar. Retrieved 11 July 2022.
- ^ "Alumni appointed Queen's Counsel - The University of Auckland". 15 March 2018. Archived from the original on 15 March 2018. Retrieved 11 July 2022.
- ^ Government, St Helena (20 November 2019). "Allen Cansick Sworn In as Attorney General". St Helena Government. Retrieved 11 July 2022.
- ^ "Matthew Heydon - Akrotiri AG" (PDF).
- ^ "Attorney General Legal Advisor". Sovereign Base Areas Administration. Retrieved 11 July 2022.
- ^ "Leadership Profiles". Attorney General's Chambers - Turks and Caicos Islands. 20 June 2022. Retrieved 11 July 2022.