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An Attorney General may be, depending on the legal and constitutional system of the jurisdiction, a
government lawyer with the prime responsibility, under the executive, for prosecutions, and possibility the capacity to give
advisory opinions.
Australia
In the Australia the Attorney General is the chief law officer of the Crown and a member of the Cabinet. The
Attorney General is head of the Department of Justice and is the minister responsible for police, legal affairs and Australian Security Intelligence Organisation.
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 and Emergency Preparedness (previously the Solicitor General) is a separate cabinet position and
administers the police, prisons and security agencies of the federal government.
England and Wales
The Attorney General for
England and Wales is similarly the chief lawyer of the Crown in England and Wales, and advises and represents the Government,
Queen and Crown in court. In practice, the Treasury Solicitor normally provides the lawyers to do the actual appearance in court, although the
Attorney General may appear in person if he wishes. He provides legal advice to the Government (e.g. as to the legality of the
second Gulf War). He has supervisory powers over the prosecution of criminal
offences, but is not personally involved with prosecutions, except that some prosecutions (e.g. Riot) cannot be commenced without his consent. Criminal prosecutions generally are the responsibility of the Crown Prosecution Service, headed by the Director of Public Prosecutions. The Attorney
General may pursue cases to the higher courts where, although the particular case is settled, a useful legal point can be taken
to the higher courts. For other parts of the United Kingdom, see also
Law Officers of the Crown. The Attorney General
of the Duchy of Cornwall is the law officer for the Prince of Wales and there is a separate Attorney General for the Duchy of Lancaster.
India
The Attorney General of India is the Indian
government's chief legal advisor, and its primary lawyer in dealing with the Supreme Court of India. The attorney general is usually a
highly-respected Senior Advocate of the Court, and is appointed by the ruling government.
The office of the Attorney General was created by the Constitution of India, and attorneys general have the right to participate in the proceedings of the
Parliament, though not to vote. Unlike e.g. the Attorney General of the United
States, the Attorney General of India does not have executive authority and is not a government minister;
those functions are performed by the Law Minister of India. The attorney general is assisted by the Solicitor General of India and several
additional solicitors general.
Ireland
In the Republic of Ireland the Attorney-General is the principal law officer of the
state and legal adviser to the Government of Ireland. He
is not a member of the Government though he attends cabinet meetings. He is appointed by the President of Ireland upon the nomination of the Taoiseach. Before 1974 all crimes and offences were prosecuted at the suit of the Attorney General. Since then
indictable criminal offences have been prosecuted by the Director of Public Prosecutions. The Office of the
Parliamentary Counsel to Government is a constituent department of the Office of the Attorney General.
See also: Chief
State Solicitor
United States
In the Federal
Government of the United States, the Attorney General is a member of the Cabinet and is the top law enforcement officer and lawyer for the government. The attorney general
may need to be distinguished from the Solicitor General, a top lawyer with the responsibility of representing the government in
the Supreme Court. In cases of exceptional
importance, however, the Attorney General may choose to represent the government himself in the Supreme Court.
The individual U.S. states also have Attorneys General with similar
responsibilities.
See also: District Attorney
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