Attorney-General

Attorney-General, chief law officer of a government. The duties of the Attorney-General are to advise and represent the government in legal matters, and to supervise generally the state's role in the legal system, mainly in prosecuting.

In the United Kingdom the office dates from the reign of King Edward I. By the 17th century, the Attorney-General was the legal officer for all departments of state. The post is now a ministerial role, and the Attorney-General has the delicate task of advising the government without being seen to seek party advantage. A politician who is also a lawyer, usually a barrister, holds the post.

The Attorney-General's prosecuting role in England and Wales is largely delegated to a full-time official, the Director of Public Prosecutions (DPP). The Attorney-General's consent is required for certain prosecutions that may have political ramifications, such as prosecutions for corruption and offences under the Race Relations Act (1976) and subsequent amendments.

In the United Kingdom the function of “guardian of the public interest” is undertaken by the Attorney-General in “relator actions”. A person who seeks to sue for a matter on the grounds that it affects the nation requires the Attorney-General's consent, and it is thereafter pursued in the Attorney-General's name, although the litigant generally pays the costs. The relator action is used when there is a persistent breach of the criminal law, and the Attorney-General can obtain an injunction whose breach can lead to unlimited penalties.

The Attorney-General is also responsible for appealing from acquittals. These Attorney-General's references are not true appeals, since once a defendant is acquitted the jury's verdict cannot be reversed. Reference may be made, however, to the Court of Appeal to consider a legal point that was decided in the course of the trial, if the Attorney-General considers that the matter should not be left to stand as it is. The Attorney-General can also appeal against sentences he or she considers to be too light and, if the appeal is successful, the defendant may serve a longer sentence than was originally imposed.

The Attorney-General also holds the post of Queen's Proctor, and as such may intervene in civil cases to protect the system from abuse. This power was regularly exercised when divorce proceedings required strict proof of adultery and the parties often colluded over the evidence. Since reform of the divorce law, this function is rarely exercised.