In most common law jurisdictions, the attorney general ( pl. : attorneys general ) or attorney-general ( AG or Atty.-Gen ) is the main legal advisor to the government . In some jurisdictions, attorneys general also have executive responsibility for law enforcement , prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.
67-760: The Office of the Commonwealth Director of Public Prosecutions or, informally, the Commonwealth Director of Public Prosecutions ( CDPP ) is an independent prosecuting service and government agency within the portfolio of the Attorney-General of Australia , as a part of the Attorney-General's Department . It was established by the Director of Public Prosecutions Act 1983 (Cth) and began its operations in 1984. Founded on 8 March 1984 to prosecute alleged offences against Commonwealth criminal law , primarily
134-468: A Commonwealth Director of Public Prosecutions , which was set up by the Director of Public Prosecutions Act 1983 and started operations in 1984. The eight states and territories of Australia also have their own DPPs. The Office of DPP operates independently of Government. Ultimate authority for authorising prosecutions lies with the Attorney General . However, since that is a political post, and it
201-526: A barrister, is the principal legal adviser to the government and holds the office of a minister. The Attorney-General's Office is also responsible for the drafting of legislation, and vetting of all contracts or agreements of which the government is a party, including international agreements, treaties or conventions. In Nepal , the attorney general is the chief legal adviser of the Government of Nepal as well as its chief public prosecutor. An Attorney General
268-717: A legal system which is partially derived from the common law tradition, share a common provenance. 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 . Mark Dreyfus is the current Attorney-General. The Australian states each have separate attorneys-general , who are state ministers with similar responsibilities to
335-539: A long time. The Hon. Marlene Malahoo Forte , QC, MP is the new Attorney General of Jamaica as of March 7, 2016. In Kenya the Attorney General is the Principal Legal Adviser to the Government and ex officio Member of Parliament and Cabinet . His duties include the formulation of legal policy and ensuring proper administration of Kenya's legal system including professional legal education. Assisting
402-464: A particular case. Today, however, in most jurisdictions, the term is largely reserved as a title of the permanently appointed attorney general of the state, sovereign or other member of the royal family. Civil law jurisdictions have similar offices, which may be variously called "public prosecutor general", "procurators", " advocates general ", "public attorneys", and other titles. Many of these offices also use "attorney general" or "attorney-general" as
469-590: A similar situation existed, and the Director of Public Prosecutions for Northern Ireland now heads the Public Prosecution Service for Northern Ireland . The current DPP is Stephen Herron, who was appointed in 2017. In the Turks and Caicos Islands , the position of Director of Public Prosecutions was newly created by the 2011 Constitution. Prior to this, the Attorney-General had control over criminal prosecutions. The current Director of Public Prosecutions
536-534: A term that also originates from French (" major-général ") and also has a postpositive adjective, it also appears incorrectly as "attorney generals" . While Steven Pinker writes: "So if you are ever challenged for saying attorney-generals, mother-in-laws , passerbys ... you can reply, 'They are the very model of the modern major general' " (a reference to the Major-General's Song , from the operetta The Pirates of Penzance ). The modern title of major general
603-513: Is Jillian Williams . Attorney General Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia , and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice in some other countries. The term
670-582: Is Stephen Parkinson. Under Scots law the public prosecutor is the Lord Advocate who is the head of the Crown Office and Procurator Fiscal Service . All investigations by the police are nominally under the direction of the Lord Advocate and local procurators fiscal , and all prosecutions are carried out in the name of the Lord Advocate . The current Lord Advocate is Dorothy Bain KC. In Northern Ireland
737-685: Is a federal government organisation, created on 12 December 2006, when the Director of Public Prosecutions Act , enacted as part of the Federal Accountability Act , came into force. The Act split the conduct of federal prosecutions from the Department of Justice and created the Office of the Director of Public Prosecutions (officially called the Public Prosecution Service of Canada ). The PPSC fulfills
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#1732852741743804-481: Is a military rank in which the word "general" is not used as an adjective but as a noun, which can be pluralized. In modern public discourse, attorneys general are often referred to or addressed as “general”. In this construction, the word “general” is an adjective, and its use as a noun is incorrect. Attorneys general, despite carrying the title of "general", are not military officers and carry no rank. Attorneys-General in common law jurisdictions, and jurisdictions with
871-481: Is also the principal public prosecutor in the country, and is also known as the Public Prosecutor. 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. The current Attorney-General of Malaysia is Idris Harun since 2020. In Mauritius , the attorney-general, who should be
938-626: Is appointed by the President on recommendation of the Prime Minister . The Attorney General's Office is a constitutional body under the Constitution of Nepal (2015) . For a person to be eligible for the post of Attorney General, they must also be qualified to be appointed as a judge of the Supreme Court . In New Zealand , the attorney-general is the chief law officer and primary legal advisor of
1005-500: Is based in the head office in Canberra and has offices in Adelaide , Brisbane , Cairns , Darwin , Hobart , Melbourne , Perth , Sydney, and Townsville . Most offices include a Revenue and Benefit Fraud/Commercial, Financial and Corruption Branch, an Illegal Imports and Exports/Human Exploitation and Border Protection Branch, and an Organised Crime and Counter Terrorism Branch. Although
1072-630: Is desired to have a non-political (public service) post carry out this function in most circumstances, the prosecutorial powers of the AG are normally delegated to the DPP. It is common for those who hold the office of Commonwealth or State DPP later to be appointed to a high judicial office. Examples include Mark Weinberg , now a justice of the Court of Appeal in the Supreme Court of Victoria; Michael Rozenes , Chief Judge of
1139-665: Is headed by an Administrative Officer.) Crimes and offences are prosecuted at the suit of the Secretary of Justice. The Secretary of Justice, appointed by the Chinese government on the advice of the Chief Executive of Hong Kong , is an ex officio member of the Executive Council of Hong Kong . The position is normally held by a legal professional , and was, before July 2002, a civil service position. The Attorney General for India
1206-469: Is located on the southern edge of Phoenix Park , Dublin ; in a group of historic buildings that used to be the Royal Military Infirmary before independence. The current DPP is Rashid Ahmine who was promoted in 2022 to this role after the retirement of Satyajit Boolell S.C, who occupied the post since 2009. In Norway the Director of Public Prosecutions ( Riksadvokaten ) is the head of
1273-477: Is not personally involved with prosecutions; however, some prosecutions (e.g. riot ) cannot be commenced without their consent, and they have 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
1340-726: 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 Government . 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
1407-715: Is superintended by the Secretary for Justice, a political appointee, who is also accountable for the decisions of the DPP. The position title was until the handover of Hong Kong to China on 1 July 1997 Crown Prosecutor . The Secretary for Justice and the Department of Justice were, until 1997, named the Attorney General and the Legal Department , respectively. The Director of Public Prosecutions has been responsible for prosecution of all indictable criminal offences in Ireland since
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#17328527417431474-567: Is the Indian government 's chief legal advisor, and is its principal Advocate before the Supreme Court of India . They are appointed by the President of India on the advice of the Union Cabinet under Article 76(1) of the Constitution and hold office during the pleasure of the President. The current Attorney General for India is R. Venkataramani . The Mission of the Office of the Attorney General
1541-497: Is the legal adviser to the government of the Republic of Singapore and its public prosecutor . The current Attorney-General is Lucien Wong. The attorney-general of Sri Lanka is the chief legal adviser of the Government of Sri Lanka and head of the attorney-general department which is the public prosecutor . As of 10 October 2019 , the Attorney General of Sudan is Tag el-Sir el-Hibir . The office of Attorney General
1608-535: Is the current director and has been in that position since November 2019. In South Africa public prosecutions are conducted by the National Director of Public Prosecutions (NDPP), the head of the National Prosecuting Authority (NPA). The NDPP is supported by a Chief Executive Officer, Deputies, Provincial Directors of Public Prosecutions, and several Special Directors. In England and Wales ,
1675-532: Is the head of the public prosecution from the state, the person who advises the government in legal matters, the person who represents the state's authorities in the courts, and advises in preparation of law memoranda of the government in general and the Justice Minister in particular (likewise he examines and advises for private proposals for a law of Knesset members). This is a position which existed in Jamaica for
1742-501: Is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State. The Office of the Attorney General, is made up of a number of different offices: Since the enactment of the Prosecution of Offenses Act 1974 the responsibility for
1809-474: The Canada Elections Act . The PPSC reports to Parliament through the Attorney General of Canada. The Director of Public Prosecutions Act states that the Director of Public Prosecutions acts "under and on behalf of the Attorney General of Canada." The relationship between the attorney general and the director is premised on the principles of respect for the independence of the prosecution function and
1876-622: The Crimes Act 1914 (Cth) and Criminal Code Act 1995 (Cth), the CDPP was first headed by Director Ian Temby , who remained in that post until 1988. The CDPP commenced with a head office in Canberra, and a Melbourne office was opened on 6 June 1984, assuming responsibility for the work of Special Prosecutor Robert Redlich. The CDPP took over the work of the Special Prosecutors to prosecute bottom of
1943-686: The Financial Administration Act , as well as offences under the Canada Elections Act . Unlike the FPS, which was part of the Department of Justice, the PPSC is an independent organisation, reporting to Parliament through the Minister of Justice and Attorney General of Canada . The PPSC is responsible for prosecuting offences under more than 50 federal statutes and for providing prosecution-related legal advice to law enforcement agencies. Cases prosecuted by
2010-418: The Cabinet . The Minister of Justice is concerned with questions of policy and their relationship to the justice system. In their role as attorney general, they are the chief law officer of the Crown . A separate cabinet position, the Minister of Public Safety ( Ministre de la Sécurité publique ), formerly the "Solicitor General", administers the law enforcement agencies (police, prisons, and security) of
2077-536: The Department of Justice , which is responsible for prosecuting trials and appeals on behalf of the Hong Kong Special Administrative Region, providing legal advice to law enforcement agencies on investigations, acting on behalf of the Secretary for Justice in the institution of criminal proceedings, and providing advice to bureaux and departments on measures to reform the criminal law. The DPP
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2144-574: The Norwegian Prosecuting Authority . The director has the coordinative leadership as well as the highest authority to prosecute criminal offences. The director is directly involved only in certain cases, such as crimes for which the maximum penalty is 21 years in prison. The director is subordinate to the Government Cabinet , however, the cabinet has never reversed a decision of the Director of Public Prosecutions. Jørn Sigurd Maurud
2211-541: The Attorney-General only thrice, none of which were in relation to a specific case. Director of Public Prosecutions The Director of Public Prosecutions ( DPP ) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations . Australia has
2278-588: The Commonwealth Director of Public Prosecutions is within the portfolio of the Commonwealth Attorney-General, the Office operates independently of the Attorney-General and of the political process. The Attorney-General, as First Law Officer of Australia, is responsible for the Commonwealth criminal justice system and remains accountable to Parliament for decisions made in the prosecution process, notwithstanding that those decisions are now in fact made by
2345-431: The Commonwealth, and by providing advice to referring agencies. It has no investigative power or function, and the decision to investigate matters and refer matters to the CDPP is at the discretion of referring agency. Furthermore, the CDPP depends on referring agencies to investigate alleged offences and prepare briefs of evidence to support prosecution and assets recovery. The Commonwealth Director of Public Prosecutions
2412-520: The County Court of Victoria from 2002 to 2015; Brian Martin , now Chief Justice of the Northern Territory; John McKechnie , now a justice of the Supreme Court of Western Australia; and Paul Coghlan , now a justice of the Supreme Court of Victoria. The Director of Public Prosecutions of Belize is the official responsible for the prosecution of criminal offences. The director heads the Office of
2479-596: The Director and lawyers of the CDPP. Under section 8 of the Director of Public Prosecutions Act 1983 (Cth), the Attorney-General has power to issue guidelines and directions to the CDPP; however, that can only be done after there has been consultation between the Attorney-General and the Director. Per the Act, any guidelines or directions must be in writing, published in the Gazette , and tabled in Parliament. The CDPP has been directed by
2546-508: The Director of Public Prosecutions. In Canada, each province's Crown Attorney Office is responsible for the conduct of criminal prosecutions. In Ontario , the local Crown Attorney's Office in the Criminal Law Division is in charge of criminal cases. Only British Columbia , Nova Scotia, and Quebec (a civil code jurisdiction) have a Director of Public Prosecutions office per se . The Public Prosecution Service of Canada (PPSC)
2613-617: The English translation of the title, although because of different historical provenance, the nature of such offices is usually different from that of attorneys-general in common law jurisdictions. In regard to the etymology of the phrase Attorney General , Steven Pinker writes that the earliest citation in the Oxford English Dictionary is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents). The phrase
2680-745: The New Zealand government. The Attorney-General is the Minister responsible for the Crown Law Office, the Parliamentary Counsel Office, and the Serious Fraud Office. 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 . By tradition, persons appointed to
2747-416: The PPSC include those involving drugs, organised crime, terrorism, tax law, money laundering and proceeds of crime, crimes against humanity and war crimes, Criminal Code offences in the territories, and a large number of federal regulatory offences. The creation of the PPSC reflects the decision to make transparent the principle of prosecutorial independence, free from any improper influence. The mandate of
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2814-408: The PPSC is set out in the Director of Public Prosecutions Act . The act calls on the PPSC to provide prosecutorial advice to law enforcement agencies, and to act as prosecutor in matters prosecuted by the Minister of Justice and Attorney General of Canada on behalf of the Crown. In addition, the mandate includes initiating and conducting prosecutions on behalf of the Crown with respect to offences under
2881-626: The Parliament. This institution originates from the time of the British rule, and was preserved even after the independence of Cyprus in 1960 due to the Anglo-Saxon law which continues to exist in Cyprus, as in other Commonwealth states. In Fiji , the role of the attorney general is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising
2948-517: The President), "liquor licensing" and "film censorship". The current Attorney General is Aiyaz Sayed-Khaiyum . In January 2008, he sparked controversy by accepting other government positions in addition to his role as attorney general. Sayed-Khaiyum is currently responsible also for "Public Enterprise, Electoral Reform and Anti-Corruption". An article in the Fiji Times pointed out that "never before in
3015-520: The State shall be taken— (a) in the case of civil proceedings, in the name of the attorney general; (b) in the case of criminal proceedings, in the name of the State. 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 (who also has
3082-481: The attorney general in the performance of his duties as principal legal adviser to the government are: The Hon. Justice (Rtd) Paul Kihara Kariuki is the current Attorney-General of Kenya as of April 2018. In Kiribati , the attorney general is defined by section 42 of the Constitution as "the principal legal adviser to the Government". The Constitution specifies: "No person shall be qualified to hold or to act in
3149-766: The enactment of the Prosecution of Offences Act 1974. Before 1974 all crimes and offences were prosecuted at the suit of (after action taken by) the attorney general . The DPP may also issue a certificate that a case should be referred to the Special Criminal Court , a juryless trial court usually reserved for terrorists and organised criminals. The current director is Catherine Pierse. James Hamilton , who had served as DPP for 12 years, announced in July 2011 that he would be taking early retirement and stepped down in November 2011. List of DPPs since 1974: The agency's headquarters
3216-513: The federal government. For the attorneys-general of the various provinces of Canada see: The Attorney General of the Republic is an independent official of the Republic of Cyprus , head of the Legal Service of the state.[1] He is the legal advisor of the Government of Cyprus.[1] Hierarchically, it is the 3rd highest institution of the state, after the President of the Republic and the President of
3283-427: 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 authorizing 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
3350-456: The harbour tax cases and parts of the Attorney-General's Departments Deputy Crown Solicitor's Offices . The CDPP has been noted for its gender-blind hiring and work practices. The agency has only one outcome; "Contribute to a fair, safe and just society by delivering an effective, independent prosecution service in accordance with the Prosecution Policy of the Commonwealth". It upholds this function by carrying out prosecutions of crimes against
3417-446: The history of this nation has the Attorney-General held a portfolio dealing with matters other than the law and the judiciary", and criticised the decision. The Secretary for Justice, known as the attorney-general before the handover of Hong Kong in 1997, is the legal adviser to the Hong Kong Government and heads the Department of Justice . They are assisted by five law officers, namely: (The Administration and Development Division
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#17328527417433484-410: The need to consult on important matters of general interest. Safeguarding the director's independence is the requirement that all instructions from the attorney general be in writing and published in the Canada Gazette . In turn, the director must inform the attorney general of any prosecution or planned intervention that may raise important questions of general interest, allowing the attorney general
3551-465: The office of Director of Public Prosecutions was first created in 1880 as part of the Home Office , and had its own department from 1908. The DPP was responsible for the prosecution of only a small number of major cases until 1986 when responsibility for prosecutions was transferred to a new Crown Prosecution Service with the DPP as its head. The Director is appointed by the Attorney General for England and Wales . The current DPP, since November 2023,
3618-404: The office of Attorney-General unless he is qualified to practise in Kiribati as an advocate in the High Court." The current Attorney General, as of 2016, was the Honourable Tetiro Semilota, until her nomination as Acting Chief Justice in October 2022. In Malaysia the attorney-general or Peguam Negara (as he is referred to in Bahasa Melayu ) is the principal legal adviser to the Government. He
3685-480: The office was abolished and its functions taken over by the Secretary of Justice. Since then, the Solicitor General of the Philippines, previously the second law officer, has been the principal law officer and legal defender of the Philippine Government . The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring
3752-400: The opportunity to intervene in, or assume conduct of, a case. Additionally, the PPSC must provide the attorney general with an annual report for tabling in Parliament . The first director of the PPSC was Brian J. Saunders . The current director of the PPSC is Kathleen Roussel . The Director of Public Prosecutions ( Chinese : 刑事檢控專員 ) of Hong Kong heads the Prosecutions Division of
3819-409: The position of Attorney-General have 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. The Attorney-General of Pakistan is the legal adviser to the government of the Pakistan and its public prosecutor . The Attorney General of the Philippines was an office that existed from 1901 until 1932, when
3886-459: 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
3953-429: 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
4020-439: The prosecution of indictable criminal offences is mostly in the hands of the Director of Public Prosecutions who is by law independent of the attorney general and the State. The current attorney general is Rossa Fanning , SC . In the Isle of Man , the Attorney General is a Crown appointment (appointed by the UK government) and sits in the Legislative Council of the Isle of Man , ' ex officio '. The Attorney General of Israel
4087-425: The responsibilities of the Minister of Justice and Attorney General of Canada in the discharge of the Attorney General's criminal law mandate by prosecuting criminal offences under federal jurisdiction. In this regard, the PPSC assumes the role played within the Department of Justice by the former Federal Prosecution Service (FPS). The PPSC takes on additional responsibilities for prosecuting new fraud offences under
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#17328527417434154-439: The services of a lawyer especially before appellate courts. It is an independent and autonomous office attached to the Department of Justice for budgetary purposes. In Samoa , the attorney general is the legal adviser to the government. Since 2016, the current attorney general is Lemalu Hermann Retzlaff (whose father Misa Telefoni Retzlaff also served as attorney general from 1986 to 1988) The Attorney-General of Singapore
4221-400: The state (in whose name prosecutions are brought) does not wish to prosecute the case, so preventing any person from doing so. For the attorneys-general of the various states and territories of Australia see: The Attorney General of Canada ( French : Procureur général du Canada ) is a separate title held by the Canadian Minister of Justice ( Ministre de la Justice ), a member of
4288-431: The title of Procurator General) normally provides the lawyers or briefs Treasury Counsel to appear in court, although the attorney general may appear in person. The person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments. The attorney general has supervisory powers over the prosecution of criminal offences, but
4355-551: Was borrowed from Anglo-Norman French when England was ruled by Normans after the conquest of England in the 11th-century. As a variety of French, which was spoken in the law courts, schools, universities and in sections of the gentry and the bourgeoisie, the term relating to government was introduced into English. The phrase attorney general is composed of a noun followed by the postpositive adjective general and as other French compounds its plural form also appears as "attorneys generals" . As compared to major generals ,
4422-442: Was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government". According to the Constitution of Trinidad and Tobago, the supreme law of the nation, The Attorney General shall be responsible for the administration of legal affairs in Trinidad and Tobago and legal proceedings for and against
4489-444: Was originally 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 came to represent the state in the same way could, in the past, be referred to as such, even if only for
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