Attorney General for England and Wales explained

Post:
Attorney General for England and Wales
Insignia:Royal Coat of Arms of the United Kingdom (HM Government) (2022).svg
Insigniacaption:Royal Arms of His Majesty's Government
Department:Attorney General's Office
Incumbent:The Lord Hermer
Style:Attorney General

The Right Honourable
Nominator:Prime Minister
Appointer:The Monarch
Termlength:At His Majesty's pleasure
First:William de Boneville
Formation:1277
Reports To:Prime Minister of the United Kingdom
Secretary of State for Justice
Deputy:Solicitor General for England and Wales
Salary:£178,594 per annum [1]
(including £84,144 MP salary)[2]

His Majesty's Attorney General for England and Wales is the chief legal adviser to the sovereign and Government in affairs pertaining to England and Wales as well as the highest ranking amongst the law officers of the Crown.[3] The attorney general is the leader of the Attorney General's Office and currently attends (but is not a member of) the Cabinet.[4] Unlike in other countries employing the common law legal system, the attorney general does not govern the administration of justice; that function is carried out by the secretary of state for justice and lord chancellor. The incumbent is also concurrently advocate general for Northern Ireland.[5]

The position of attorney general has existed since at least 1243, when records show a professional attorney was hired to represent the King's interests in court. The position first took on a political role in 1461 when the holder of the office was summoned to the House of Lords to advise the Government there on legal matters. In 1673, the attorney general officially became the Crown's adviser and representative in legal matters, although still specialising in litigation rather than advice. The beginning of the 20th century saw a shift away from litigation and more towards legal advice. Today, prosecutions are carried out by the Crown Prosecution Service and most legal advice to government departments is provided by the Government Legal Department, both under the supervision of the attorney general.

Additional duties include superintending the Serious Fraud Office, HM Crown Prosecution Service Inspectorate, Service Prosecuting Authority, and other government lawyers with the authority to prosecute cases. The attorney general advises the government, individual government departments, and individual government ministers on legal matters, answering questions in Parliament and bringing "unduly lenient" sentences and points of law to the Court of Appeal of England and Wales. As per the Law Officers Act 1997, duties can be delegated to the Solicitor General, and any actions are treated as if they came from the attorney general.

The corresponding shadow minister is the Shadow Attorney General for England and Wales, and the work of the attorney general is also scrutinised by the Justice Select Committee.[6]

History

The origins of the office are unknown, but the earliest record of an "attorney of the crown" is from 1243, when a professional attorney named Laurence Del Brok was paid to prosecute cases for the king, who could not appear in courts where he had an interest.[7] During the early days of the office the holder was largely concerned with representing the Crown in litigation, and held no political role or duties.[8] Although a valuable position, the attorney general was expected to work incredibly hard; although Francis North (1637–1685) was earning £7,000 a year as attorney general he was pleased to give up the office and become Chief Justice of the Common Pleas because of the smaller workload, despite the heavily reduced pay.[8] The office first took on a political element in 1461, when the holder was summoned by writ to the House of Lords to advise the government on legal matters. This was also the first time that the office was referred to as the office of the "Attorney General".[7] The custom of summoning the attorney general to the Lords by writ when appointed continues unbroken to this day, although until the appointment of Lord Williams of Mostyn in 1999, no attorney general had sat in the Lords since 1700, and no attorney general had obeyed the writ since 1742.[9]

During the 16th century, the attorney general was used to pass messages between the House of Lords and House of Commons, although he was viewed suspiciously by the Commons and seen as a tool of the Lords and the king.[9] In 1673 the attorney general began to take up a seat in the House of Commons, and since then it has been convention to ensure that all attorneys general are members of the House of Commons or House of Lords, although there is no requirement that they be so.[10] During the constitutional struggle centred on the Royal Declaration of Indulgence in 1672 and 1673 the attorney general officially became the Crown's representative in legal matters.

In 1890, the ability of an attorney general to continue practising privately was formally taken away, turning the office-holder into a dedicated representative of the government.[11] Since the beginning of the twentieth century the role of the attorney general has moved away from representing the Crown and government directly in court, and it has become more of a political and ministerial post, with the attorney general serving as a legal adviser to both the government as a whole and individual government departments.[12] Despite this change, until the passing of the Homicide Act 1957 the attorney general was bound to prosecute any and all poisoning cases.

However, in recent times the attorney general has exceptionally conducted litigation in person before the courts, for instance before the House of Lords in A and Others v Secretary of State for the Home Department,[13] where the legality of the government's detention of terrorist suspects at Belmarsh was at issue.

Role and duties

The attorney general is currently not a Cabinet minister, but is designated as also attending Cabinet.[14] The rule that no attorney general may be a cabinet minister is a political convention rather than a law, and for a short time the attorney general did sit in cabinet, starting with Sir Rufus Isaacs in 1912 and ending with Douglas Hogg in 1928.[15] There is nothing that prohibits attorneys general from attending meetings of the Cabinet, and on occasion they have been asked to attend meetings to advise the government on the best course of action legally. Despite this it is considered preferable to exclude attorneys general from cabinet meetings so as to draw a distinct line between them and the political decisions on which they are giving legal advice. As a government minister, the attorney general is directly answerable to Parliament.[16]

The attorney general is also the chief legal adviser of the Crown and its government, and has the primary role of advising the government on any legal repercussions of their actions, either orally at meetings or in writing. As well as the government as a whole, they also advise individual departments.[17] Although the primary role is no longer one of litigation, the attorney general still represents the Crown and government in court in some select, particularly important cases, and chooses the Treasury Counsel who handle most government legal cases.[18] By convention, they represent the government in every case in front of the International Court of Justice.[18] The attorney general also superintends the Crown Prosecution Service and appoints its head, the Director of Public Prosecutions. Decisions to prosecute are taken by the Crown Prosecution Service other than in exceptional cases i.e. where the attorney general's consent is required by statute or in cases relating to national security.[19] An example of a consent case is the Campbell Case, which led to the fall of the first Labour government in 1924.[20]

The attorney general also superintends the Government Legal Department and the Serious Fraud Office.[17] [21] The attorney general also has powers to bring "unduly lenient" sentences and points of law to the Court of Appeal, issue writs of nolle prosequi to cancel criminal prosecutions, supervise other prosecuting bodies (such as DEFRA) and advise individual ministers facing legal action as a result of their official actions.[22] They are responsible for making applications to the court restraining vexatious litigants, and may intervene in litigation to represent the interests of charity, or the public interest in certain family law cases.[23] They are also officially the leader of the Bar of England and Wales, although this is merely custom and has no duties or rights attached to it.[22] The attorney general's duties have long been considered strenuous, with Sir Patrick Hastings saying that "to be a law officer is to be in hell".[7] Since the passing of the Law Officers Act 1997, any duties of the attorney general can be delegated to the Solicitor General for England and Wales, and their actions are treated as coming from the attorney general.[24]

List of attorneys general

13th century

14th century

15th century

16th century

17th century

18th century

19th century

Colour key (for political parties):

Attorney generalTerm of OfficePolitical partyPrime Minister
William Atherton4 July 18612 October 1863LiberalPalmerston
(II)
Roundell Palmer2 October 186326 June 1866Liberal
Russell
(II)
Hugh Cairns10 July 186629 October 1866ConservativeDerby-Disraeli
(III)
John Rolt29 October 186618 July 1867Conservative
John Burgess Karslake18 July 18671 December 1868Conservative
Robert Collier12 December 186810 November 1871LiberalGladstone
(I)
John Coleridge10 November 187120 November 1873
Henry James20 November 187317 February 1874
John Burgess Karslake27 February 187420 April 1874ConservativeDisraeli
(II)
Richard Baggallay20 April 187425 November 1875
John Holker25 November 187521 April 1880
Henry James3 May 18809 June 1885LiberalGladstone
(II)
Richard Webster27 June 188528 January 1886ConservativeMarquess of Salisbury
(I)
Charles Russell9 February 188620 July 1886LiberalGladstone
(III)
Richard Webster5 August 188611 August 1892ConservativeMarquess of Salisbury
(II)
Charles Russell20 August 18923 May 1894LiberalGladstone
(IV)
John Rigby3 May 189424 October 1894
5th Earl of Rosebery
Robert Reid24 October 189421 June 1895
Richard Webster8 July 18957 May 1900ConservativeMarquess of Salisbury

20th century

Colour key (for political parties):






Attorney generalTerm of officePolitical partyPrime Minister
Robert Finlay7 May 19004 December 1905Liberal UnionistMarquess of Salisbury
Balfour
John Lawson Walton12 December 190528 January 1908LiberalCampbell-Bannerman
William Robson, Baron Robson28 January 19087 October 1910
Asquith
Rufus Isaacs, 1st Marquess of Reading7 October 191019 October 1913
John Simon19 October 191325 May 1915
Edward Carson25 May 191519 October 1915Irish UnionistAsquith
F. E. Smith, 1st Earl of Birkenhead3 November 191510 January 1919Conservative
Lloyd George
Gordon Hewart10 January 19196 March 1922Liberal
Ernest Pollock6 March 192219 October 1922Conservative
Douglas Hogg24 October 192222 January 1924Law
Baldwin
Patrick Hastings23 January 19243 November 1924LabourMacDonald
Douglas Hogg6 November 192428 March 1928ConservativeBaldwin
Thomas Inskip28 March 19284 June 1929
William Jowitt7 June 192926 January 1932LabourMacDonald
MacDonald
MacDonald
Thomas Inskip26 January 193218 March 1936Conservative
Baldwin
Donald Somervell18 March 193625 May 1945
Chamberlain
Chamberlain
Churchill
David Maxwell Fyfe
25 May 194526 July 1945Churchill
Hartley Shawcross
4 August 194524 April 1951LabourAttlee
Frank Soskice
24 April 195126 October 1951
Lionel Heald
3 November 195118 October 1954ConservativeChurchill
Reginald
Manningham-Buller

18 October 195416 July 1962
Eden
Macmillan
John Hobson
16 July 196216 October 1964
Douglas-Home
Elwyn Jones
18 October 196419 June 1970LabourWilson
Peter Rawlinson
23 June 19704 March 1974ConservativeHeath
Samuel Silkin
7 March 19744 May 1979LabourWilson
Callaghan
Michael Havers
6 May 197913 June 1987ConservativeThatcher
Patrick Mayhew
13 June 198710 April 1992
Major
Nicholas Lyell
10 April 19922 May 1997
John Morris
6 May 199729 July 1999LabourBlair
Gareth Williams
Baron Williams of Mostyn
29 July 199911 June 2001

21st century

Colour key (for political parties):


Attorney generalTerm of officePolitical partyPrime Minister
11 June 200127 June 2007LabourBlair
27 June 200711 May 2010Brown
Dominic Grieve
12 May 201015 July 2014ConservativeCameron (coalition)
Jeremy Wright
15 July 20149 July 2018Cameron
May
Geoffrey Cox
9 July 201813 February 2020
Johnson
Suella Braverman
13 February 20202 March 2021
Michael Ellis
2 March 202110 September 2021
Suella Braverman
10 September 20216 September 2022
Michael Ellis
6 September 202225 October 2022Truss
Victoria Prentis
25 October 20225 July 2024Sunak
5 July 2024IncumbentLabourStarmer

See also

Works cited

Notes and References

  1. Web site: Salaries of Members of His Majesty's Government – Financial Year 2022–23 . 15 December 2022.
  2. Web site: Pay and expenses for MPs . 15 December 2022 . parliament.uk.
  3. Web site: Attorney General's Office . 2022-11-27 . GOV.UK . en.
  4. Web site: Ministers . GOV.UK . 31 August 2023.
  5. Web site: McCormick. Conor. Cowie. Graeme. 28 May 2020. The Law Officers: a Constitutional and Functional Overview. live. 10 March 2021. House of Commons Library. 3. https://web.archive.org/web/20200617100224/https://commonslibrary.parliament.uk/research-briefings/cbp-8919/ . 17 June 2020 .
  6. Web site: Work of the Attorney General evidence session . parliament.uk . 8 September 2015 . 10 September 2021 . The Justice Select Committee holds a one-off session on the work of the Attorney General on Tuesday 15 September..
  7. Jones (1969) p. 43
  8. Jones (1969) p. 45
  9. Jones (1969) p. 44
  10. Cooley (1958) p. 307
  11. Attorney General's Office (2007) p. 4
  12. Jones (1969) p. 46
  13. 2004
  14. Web site: Ministers. live. 10 March 2021. gov.uk. https://web.archive.org/web/20120405092833/https://www.gov.uk/government/ministers . 5 April 2012 .
  15. Oxford DNB article: Hogg, Douglas McGarel (subscription needed). 2004. 10.1093/ref:odnb/33925. 29 August 2009. Ramsden. John.
  16. Jones (1969) p. 49
  17. Web site: What does the Attorney General Do? . 10 March 2014 . https://web.archive.org/web/20151208043610/http://l2b.thelawyer.com/barrister/the-attorney-general-who-what-why/3009891.article . 8 December 2015 . dead .
  18. Jones (1969) p. 48
  19. Web site: The Protocol between the Attorney General and the Prosecuting Departments . July 2009 . https://web.archive.org/web/20110725150732/http://www.attorneygeneral.gov.uk/Publications/Documents/Protocol%20between%20the%20Attorney%20General%20and%20the%20Prosecuting%20Departments.pdf . 25 July 2011.
  20. Jones (1969) p. 50
  21. Web site: Attorney General's Office for England and Wales. Attorney General's Office for England and Wales. 29 August 2009.
  22. Web site: The Constitutional Role of the Attorney General. Constitutional Affairs Committee. Government of the United Kingdom. 29 July 2014.
  23. Web site: About us . Attorneygeneral.gov.uk.
  24. Elliott (2008) p. 249
  25. Book: The Chronological Historian:Volume 2 . 55.
  26. Book: The Chronological Historian:Volume 1 . 59.