Attorney General (United Kingdom)

Attorney General (United Kingdom)
Post	Attorney General for England and Wales
Incumbent	Victoria Prentis
Incumbentsince	2022
Department	Crown Office
Style	The Right Honourable
Seat	Westminster
Appointer	Monarch
Formation	1673
First	Sir Geoffrey Palmer

Attorney General (United Kingdom) The Attorney General for England and Wales is the chief legal adviser to the Crown and the United Kingdom Cabinet for matters of English and Welsh law, representing the Monarch and public interest in legal proceedings. The office interfaces with senior offices including the Prime Minister of the United Kingdom, the Lord Chancellor, the Secretary of State for Justice, and the Home Secretary, and interacts with judicial bodies such as the Supreme Court of the United Kingdom, the Court of Appeal of England and Wales, and the High Court of Justice. The position operates alongside related roles like the Solicitor General for England and Wales and the Director of Public Prosecutions.

Role and responsibilities

The Attorney General advises ministers such as the Chancellor of the Exchequer, the Foreign Secretary, the Secretary of State for Northern Ireland, the Secretary of State for Scotland, and the Secretary of State for Wales on legal issues arising from legislation like the Human Rights Act 1998, the European Communities Act 1972, and the Civil Procedure Rules. The office provides opinion to statutory bodies including the Crown Prosecution Service, the Serious Fraud Office, the Metropolitan Police Service, the National Crime Agency, and the Equality and Human Rights Commission. It oversees public interest decisions related to cases in the European Court of Human Rights, the International Criminal Court, and the International Court of Justice.

History

Origins of the office trace to advisors of the English monarch such as the Lord Chancellor and legal servants in the Curia Regis, evolving through constitutional milestones including the Reformation, the English Civil War, the Glorious Revolution, and the passing of statutes like the Judicature Acts. Significant holders influenced events including the Act of Union 1707, the Representation of the People Act 1918, and the establishment of the Crown Prosecution Service after inquiries like the Philips Commission. The role adapted during periods marked by figures associated with the Whig Party, the Tory Party, the Labour Party (UK), and coalition governments such as during the Second World War and the Great Depression.

Appointment and tenure

The Attorney General is formally appointed by the Monarch on the advice of the Prime Minister of the United Kingdom and is typically a Member of Parliament from the House of Commons of the United Kingdom or occasionally the House of Lords. Tenure is dependent on ministerial confidence similar to roles held by ministers like the Foreign Secretary or the Chancellor of the Exchequer, and may end with cabinet reshuffles, resignations over issues akin to the Cash-for-Questions affair or the Iraq Inquiry, or general elections such as those in 1997 United Kingdom general election and 2010 United Kingdom general election.

Relationship with government and Parliament

The Attorney General answers parliamentary questions in both the House of Commons of the United Kingdom and the House of Lords, engaging with committees such as the Justice Select Committee and the Public Accounts Committee. The office liaises with devolved administrations in Scotland, Wales, and Northern Ireland and coordinates with counterparts like the Lord Advocate and the Advocate General for Scotland. The Attorney General must balance legal independence with ministerial collective responsibility under conventions influenced by events involving figures such as Tony Blair, Margaret Thatcher, Gordon Brown, David Cameron, and Theresa May.

Powers and functions

Statutory and prerogative powers include supervising prosecution services, directing the Crown Prosecution Service and intervening in prosecutions, exercising powers under the Prosecution of Offences Act 1985, and bringing judicial review actions before courts including the Administrative Court. The Attorney General may certify matters for public interest immunity in litigation, apply for permission to appeal to the Supreme Court of the United Kingdom, and refer points of law to appellate courts under procedures resembling those used in cases before the House of Lords prior to 2009. The office issues guidance affecting agencies such as the Financial Conduct Authority, Companies House, and the Information Commissioner's Office.

Notable holders and controversies

Prominent holders include historical jurists and politicians connected to events like the Napoleonic Wars, the Irish Question, and constitutional reforms led by figures linked with William Pitt the Younger, William Gladstone, Benjamin Disraeli, Winston Churchill, and Harold Macmillan. Controversies have arisen in matters relating to the Spycatcher litigation, the Sleaze debates, the Lockerbie bombing appeals, and legal advice during the Iraq War; incidents involved participants such as Geoffrey Cox, Dominic Grieve, Elwyn Jones, Peter Goldsmith, Michael Havers, and Hartley Shawcross. Debates over independence and political impartiality referenced institutions like the Constitutional Reform Act 2005 and inquiries such as the Chilcot Inquiry.

Office structure and supporting bodies

The Attorney General is supported by the Attorney General's Office (United Kingdom), the Solicitor General for England and Wales, and independent bodies including the Crown Prosecution Service and the Serious Fraud Office. Legal staff historically include members of the Bar Council, Law Society of England and Wales, King's Counsel such as Serjeants-at-Law predecessors, and administrative links to the Ministry of Justice (United Kingdom and the Cabinet Office. The office engages with judiciary officials from the Judicial Appointments Commission, the Lord Chief Justice of England and Wales, and legal academics from institutions like Oxford University, Cambridge University, London School of Economics, and King's College London.

Category:Law of the United Kingdom Category:Ministerial offices in the United Kingdom