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Attorney General for England and Wales

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Attorney General for England and Wales
Attorney General for England and Wales
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PostAttorney General
BodyEngland and Wales
Insigniasize120
InsigniacaptionRoyal Arms as used by His Majesty's Government
IncumbentVictoria Prentis
Incumbentsince19 December 2023
DepartmentAttorney General's Office
Member ofCabinet, Privy Council
Reports toPrime Minister
AppointerThe King
Appointer qualifiedon advice of the Prime Minister
TermlengthAt His Majesty's pleasure
Formation1278
FirstWilliam de Giselham
Salary£99,980 (Attorney General's salary), £164,080 (including MP's salary)

Attorney General for England and Wales. The Attorney General for England and Wales is the principal legal adviser to the Crown and the government for both England and Wales, and a senior minister of the Crown. The office, one of the Law Officers of the Crown, is supported by the Solicitor General for England and Wales and oversees the work of the Attorney General's Office. The incumbent, since December 2023, is Victoria Prentis, who also serves as Attorney General for Northern Ireland.

History and development

The office has medieval origins, with early holders like William de Giselham serving during the reign of Edward I. Historically, the position evolved from the King's personal representative in the courts of common law, such as the Court of King's Bench and the Court of Common Pleas. A significant development was the Law Officers Act 1997, which modernized the role and formally separated the duties of the Advocate General for Scotland. Throughout its history, the office has been held by many notable legal and political figures, including Francis Bacon, who later became Lord Chancellor, and Edward Coke, a pivotal figure in the development of English common law. The role's connection to government was cemented following the Glorious Revolution and the establishment of Cabinet government.

Role and responsibilities

The Attorney General provides legal advice to His Majesty's Government and individual government departments, particularly on matters of public importance, international law, and constitutional issues. They superintend the prosecution authorities, including the Crown Prosecution Service, the Serious Fraud Office, and the CPS Proceeds of Crime Division. The Attorney General also represents the public interest in specific legal proceedings, having the authority to bring references to the Court of Appeal or intervene in cases under the Attorney General's Reference procedure. Other key duties include acting as the Protector of Charities and scrutinizing certain types of legislation, such as Private Members' Bills, for compatibility with the European Convention on Human Rights.

Appointment and tenure

The Attorney General is appointed by the Sovereign on the advice of the Prime Minister. By convention, the appointee is a member of the House of Commons or, less commonly, the House of Lords, and is almost always a senior King's Counsel with extensive legal experience. The tenure is at His Majesty's pleasure, meaning the officeholder serves while retaining the confidence of the Prime Minister and can be dismissed or resign. The appointment is a political one, and the Attorney General typically leaves office upon a change of administration, as seen after general elections like those in 2010 or 2019. The officeholder is also sworn of the Privy Council.

List of Attorneys General

Notable historical holders include John Scott, 1st Earl of Eldon, who later became Lord Chancellor, and Thomas More, who was executed under Henry VIII. In the 20th century, prominent figures include Hartley Shawcross, who served as the lead British prosecutor at the Nuremberg trials, and Patrick Hastings, a famed barrister. More recent Attorneys General have included Peter Goldsmith, who advised on the legality of the Iraq War, and Dominic Grieve, who served during the Cameron–Clegg coalition. The first woman to hold the office was Patricia Scotland in 2007, who later became Secretary-General of the Commonwealth.

Relationship with other offices

The Attorney General works closely with the Solicitor General for England and Wales, who deputizes across the full range of duties. Within the United Kingdom, the office is distinct from but coordinates with the Lord Advocate and the Advocate General for Scotland on matters affecting Scots law. In Northern Ireland, the same individual typically holds the office of Attorney General for Northern Ireland, though the legal systems remain separate. The Attorney General is a member of the Cabinet and the National Security Council, and interacts with the Judiciary of England and Wales, the Director of Public Prosecutions, and the Home Secretary on matters of criminal justice and national security.

Category:Law Officers of the Crown Category:Government of the United Kingdom Category:Political office-holders in England Category:Political office-holders in Wales