The term is 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 comes to represent the state in the same way is referred to as such, even if only for a particular case.
Offices by country
Australia
See also: Attorney-General of AustraliaIn 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. Nicola Roxon is the current Attorney-General.
The Australian states each have an Attorney-General, who is a state minister with similar responsibilities to 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 authorising 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 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 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 the state (in whose name prosecutions are brought) does not wish to prosecute the case, so preventing any person from doing so.
Brazil
Main article: Attorney General in Brazil
In Brazil, there is also another position, the General Prosecutor (Procurador-Geral da República in Portuguese), which is the head of the Prosecution Office (Ministério Público in Portuguese). It is a position appointed by the President of the Republic and the nomination must be approved by the Federal Senate. The current General Prosecutor of Brazil is Roberto Gurgel.
Canada
The Minister of Justice and Attorney General are combined into one cabinet position in Canada. The Attorney General is the chief law officer of the Crown. The Minister of Justice is concerned with questions of policy and their relationship to the justice system.
The Minister of Public Safety (previously titled Solicitor General) is a separate cabinet position and administers the police, prisons, and security agencies of the federal government.
See also Attorney General of Ontario, Attorney General of British Columbia, Attorney General of New Brunswick.
Dominican Republic
In the Dominican Republic the Procuraduría General de la República is an institution belonging to the executive branch that is responsible for representing the Dominican State in courts of law, defending public interest, assuring respect for the due process of law and overseeing penitentiaries in the Republic.
Fiji
Main article: Attorney-General (Fiji)
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 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.
Hong Kong
Main article: Secretary for Justice (Hong Kong)The Attorney General of Hong Kong, renamed Secretary for Justice after transfer of sovereignty in 1997, is the legal adviser of the Hong Kong Government and heads the Department of Justice, assisted by 5 law officers, namely:
- the Solicitor General who heads the Legal Policy Division,
- the Director of Public Prosecutions who head the Prosecutions Division,
- the Law Officer (Civil Law) who heads the Civil Law Division,
- the Law Officer (International Law) who heads the International Law Division, and
- the Law Draftsman who heads the Law Drafting Division
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, is an ex-officio member of the Executive Council. The position is normally held by a legal professional, and was, before July 2002, a civil service position.
Description above from the Wikipedia article Attorney general,More
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