Law Officers of the Crown
Encyclopedia
The Law Officers of the Crown are the chief legal advisers to the Crown
, and advise and represent the various governments in the United Kingdom
and the other Commonwealth Realm
s. In England and Wales
, Northern Ireland
and most Commonwealth
and colonial governments, the chief law officer of the Crown is the Attorney General
. In Scotland
, the chief law officer is the Lord Advocate
, and following devolution
of justice to the Scottish Parliament
a new position of Advocate General for Scotland
was created to advise the UK Government on matters of Scots law
.
is the chief legal adviser of the Crown
in England and Wales, and a member of the Government
. The Attorney General provides legal advice to the Government of the day. By convention, and unlike the papers of other ministers, this legal advice is available to subsequent governments.
The current Attorney General is Dominic Grieve
, QC
.
The Attorney General oversees the small Attorney General's Office
and also has responsibility for the Treasury Solicitor's Department
. The Treasury Solicitor acts on behalf of the Attorney General when representation in court is required.
The Attorney General also has supervisory powers over prosecutions, including those mounted by the Crown Prosecution Service
, headed by the Director of Public Prosecutions
); the Serious Fraud Office
; and the Revenue and Customs Prosecutions Office
.
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 is assisted by the Solicitor General for England and Wales
, currently Edward Garnier
MP
QC
. Under the Law Officers Act 1997, the Solicitor General may do anything on behalf of, or in the place of, the Attorney General, and vice versa.
Under the Government of Wales Act 2006
, the Counsel General for Wales
is the chief legal adviser to the Welsh Assembly Government
.
is the Lord Advocate
, currently Frank Mulholland
. The Lord Advocate heads the Crown Office and Procurator Fiscal Service, and is the chief public prosecutor in Scotland.
The Lord Advocate is assisted by the Solicitor General for Scotland
, currently Lesley Thomson
.
Under constitutional reforms, the Lord Advocate has become a member of the Scottish Government, while the United Kingdom Government is advised on Scots law
by the holder of the newly created post of Advocate General for Scotland
.
were conferred on the Attorney General for England and Wales
as part of direct rule. When policing and justice were devolved to the Northern Ireland Assembly
on 12 April 2010, these functions were split between:-
The Advocate General for Northern Ireland
, who is the chief legal adviser to the UK Government on Northern Ireland law. 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
. John Larkin
QC was appointed to that position on 24 May 2010 by the First Minister of Northern Ireland and deputy First Minister of Northern Ireland.
.
and the Prince of Wales
, who has an Attorney General for the Duchy of Cornwall
. There is also an Attorney General for the Duchy of Lancaster
, which is a mostly landed inheritance that is held 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.
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 High Court of Admiralty, known as the Admiralty Advocate
, but this office lapsed in 1875 when the Admiralty Court became part of the Probate, Divorce and Admiralty Division of the High Court of Justice
.
The Crown's representative in the ecclesiastical courts of England was the King's Advocate
(or Queen's Advocate when the monarch was female). This office has been vacant since the resignation of its last holder in 1872.
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, and advise and represent the various governments in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the other Commonwealth Realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s. In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
and most Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
and colonial governments, the chief law officer of the Crown is the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
. In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, the chief law officer is the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, and following devolution
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
of justice to the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
a new position of Advocate General for Scotland
Advocate General for Scotland
Her Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and UK Government on Scots law...
was created to advise the UK Government on matters of Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
.
England and Wales
The Attorney General for England and WalesAttorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
is the chief legal adviser of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
in England and Wales, and a member of the Government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
. The Attorney General provides legal advice to the Government of the day. By convention, and unlike the papers of other ministers, this legal advice is available to subsequent governments.
The current Attorney General is Dominic Grieve
Dominic Grieve
Dominic Charles Roberts Grieve, QC MP is a British Conservative politician, barrister and Queen's Counsel.He is the Member of Parliament for Beaconsfield and the Attorney General for England and Wales and the Advocate General for Northern Ireland.-Early life:Grieve was born in Lambeth, the son of...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
.
The Attorney General oversees the small Attorney General's Office
Attorney General's Office (UK)
The Attorney General's Office is a United Kingdom government department that supports the Attorney General and his deputy the Solicitor General.It continues to be known informally as the Legal Secretariat to the Law Officers....
and also has responsibility for the Treasury Solicitor's Department
Treasury Solicitor's Department
The Treasury Solicitor's Department is the largest in-house legal organisation in the United Kingdom's Government Legal Service.The Department is headed by the Treasury Solicitor. This office goes back several centuries...
. The Treasury Solicitor acts on behalf of the Attorney General when representation in court is required.
The Attorney General also has supervisory powers over prosecutions, including those mounted by the Crown Prosecution Service
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
, headed by the Director of Public Prosecutions
Director of Public Prosecutions (England and Wales)
The Director of Public Prosecutions of England and Wales is a senior prosecutor, appointed by the Attorney General. First created in 1879, the office was unified with that of the Treasury Solicitor less than a decade later before again becoming independent in 1908...
); the Serious Fraud Office
Serious Fraud Office (UK)
The Serious Fraud Office is an independent UK Government department that investigates and prosecutes serious or complex fraud and corruption...
; and the Revenue and Customs Prosecutions Office
Revenue and Customs Prosecutions Office
The Revenue and Customs Prosecution Office was a non-departmental public body created under the Commissioners for Revenue and Customs Act 2005 as an independent prosecution body to take responsibility in the England, Wales and Northern Ireland for the prosecution of criminal offences in cases...
.
The Attorney General has public interest functions, being, for example, the trustee
Trustee
Trustee is a legal term which, in its broadest sense, can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another...
of default where a sole trustee has died, and can also take cases to the Supreme Court
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
where points of general legal importance need to be settled.
The Attorney General is assisted by the Solicitor General for England and Wales
Solicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
, currently Edward Garnier
Edward Garnier
Edward Henry Garnier, QC, MP is a barrister and Conservative Party politician in the United Kingdom. A former Guardian Newspaper lawyer he is on the socially liberal wing of his party and has been the Member of Parliament for Harborough in Leicestershire since 1992...
MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. Under the Law Officers Act 1997, the Solicitor General may do anything on behalf of, or in the place of, the Attorney General, and vice versa.
Under the Government of Wales Act 2006
Government of Wales Act 2006
The Government of Wales Act 2006 is an Act of the Parliament of the United Kingdom that reforms the National Assembly for Wales and allows further powers to be granted to it more easily...
, the Counsel General for Wales
Counsel General for Wales
The Counsel General for Wales advises the Welsh Government on Welsh legislative matters and advises on legislative competency. The position of the Counsel General for Wales is described in the Government of Wales Act 2006 and controlled in Standing Order 5 ....
is the chief legal adviser to the Welsh Assembly Government
Welsh Assembly Government
The Welsh Government is the devolved government of Wales. It is accountable to the National Assembly for Wales, the legislature which represents the interests of the people of Wales and makes laws for Wales...
.
Scotland
The chief legal adviser in ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
is the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, currently Frank Mulholland
Frank Mulholland
Frank Mulholland QC is a Scottish lawyer and has been Lord Advocate, one of the Great Officers of State of Scotland and the country's chief Law Officer, since 19 May 2011, having previously been Solicitor General, the junior Law Officer...
. The Lord Advocate heads the Crown Office and Procurator Fiscal Service, and is the chief public prosecutor in Scotland.
The Lord Advocate is assisted by the Solicitor General for Scotland
Solicitor General for Scotland
Her Majesty's Solicitor General for Scotland is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Government on Scots Law...
, currently Lesley Thomson
Lesley Thomson
Lesley Thomson is the Solicitor General for Scotland, one of the two law officers of the Scottish Government.She has 25 years' experience as a prosecutor, including as district procurator fiscal for Selkirk, district procurator fiscal for Edinburgh, and interim area procurator fiscal for Lothian &...
.
Under constitutional reforms, the Lord Advocate has become a member of the Scottish Government, while the United Kingdom Government is advised on Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
by the holder of the newly created post of Advocate General for Scotland
Advocate General for Scotland
Her Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and UK Government on Scots law...
.
Northern Ireland
In 1972 the functions of the former Attorney General for Northern IrelandAttorney General for Northern Ireland
The Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly....
were conferred on the Attorney General for England and Wales
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
as part of direct rule. When policing and justice were devolved to the Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
on 12 April 2010, these functions were split between:-
The Advocate General for Northern Ireland
Advocate General for Northern Ireland
The Advocate General for Northern Ireland is the chief legal adviser to the UK Government on Northern Ireland law and the post is held by the Attorney General for England and Wales by virtue of that office...
, who is the chief legal adviser to the UK Government on Northern Ireland law. The post is held by the Attorney General for England and Wales by virtue of office.
The Attorney General for Northern Ireland
Attorney General for Northern Ireland
The Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly....
, who is the chief legal adviser to the Northern Ireland Executive
Northern Ireland Executive
The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved legislature for Northern Ireland. It is answerable to the Assembly and was established according to the terms of the Northern Ireland Act 1998, which followed the Good Friday Agreement...
. John Larkin
John Larkin (Northern Ireland)
John Larkin, QC is the Attorney General for Northern Ireland. He is the first person to hold the office separately since its functions were assumed by the Attorney General for England and Wales in 1972...
QC was appointed to that position on 24 May 2010 by the First Minister of Northern Ireland and deputy First Minister of Northern Ireland.
Commonwealth
Most Commonwealth and colonial governments also have their own Attorneys General. Sometimes the legal advisers of subnational governments are given the title Advocate GeneralAdvocate General
An Advocate General is a senior law officer of a country or other jurisdiction, usually charged with advising the courts or Government on legal matters.-India:In India, an Advocate General is a legal adviser to a state government...
.
Other persons
Some subjects are entitled to have an attorney general: these include a Queen consortQueen consort
A queen consort is the wife of a reigning king. A queen consort usually shares her husband's rank and holds the feminine equivalent of the king's monarchical titles. Historically, queens consort do not share the king regnant's political and military powers. Most queens in history were queens consort...
and the Prince of Wales
Prince of Wales
Prince of Wales is a title traditionally granted to the heir apparent to the reigning monarch of the United Kingdom of Great Britain and Northern Ireland and the 15 other independent Commonwealth realms...
, who has an Attorney General for the Duchy of Cornwall
Duchy of Cornwall
The Duchy of Cornwall is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch inherits the duchy and title of Duke of Cornwall at the time of his birth, or of his parent's succession to the throne. If the monarch has no son, the...
. There is also an Attorney General for the Duchy of Lancaster
Duchy of Lancaster
The Duchy of Lancaster is one of the two royal duchies in England, the other being the Duchy of Cornwall. It is held in trust for the Sovereign, and is used to provide income for the use of the British monarch...
, which is a mostly landed inheritance that is held in trust for the monarch
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
and administered independently of the monarch under the supervision of a Government minister, the Chancellor of the Duchy of Lancaster.
Defunct offices
Before the establishment of the Irish Free StateIrish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
in 1922, the legal advisers to the Crown in the Courts of Ireland were the Attorney-General for Ireland
Attorney-General for Ireland
The Attorney-General for Ireland was an Irish and then United Kingdom government office. The holder was senior to the Solicitor-General for Ireland, and advised the Crown on Irish legal matters...
and the Solicitor-General for Ireland
Solicitor-General for Ireland
The Solicitor-General for Ireland was the holder of an Irish and then United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish legal matters. At least one holder of the office, Patrick Barnewall played a significant role in...
. These offices became redundant in 1921.
The Crown also had a legal adviser for the High Court of Admiralty, known as the Admiralty Advocate
Admiralty Advocate
The Admiralty Advocate was one of the Law Officers of the Crown. He represented the Crown in the High Court of Admiralty. After 1875, when the Admiralty Court became part of the Probate, Divorce and Admiralty Division of the new High Court of Justice, the office became obsolete.-Admiralty Advocates...
, but this office lapsed in 1875 when the Admiralty Court became part of the Probate, Divorce and Admiralty Division of the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
.
The Crown's representative in the ecclesiastical courts of England was the King's Advocate
King's Advocate
The King's Advocate was one of the Law Officers of the Crown. He represented the Crown in the ecclesiastical courts of the Church of England, where cases were argued not by barristers but by advocates...
(or Queen's Advocate when the monarch was female). This office has been vacant since the resignation of its last holder in 1872.