Attorney General for England and Wales

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United Kingdom
Attorney General for England and Wales
Coat of arms of the United Kingdom (2022, lesser arms).svg
Richard Hermer Official Cabinet Portrait, July 2024 (cropped) 1.jpg
Incumbent
The Lord Hermer
since 5 July 2024 (2024-07-05)
Attorney General's Office
Style Attorney General
(informal)
The Right Honourable
(within the UK and Commonwealth)
Member of
Reports to Prime Minister of the United Kingdom
Secretary of State for Justice
NominatorPrime Minister
Appointer The Monarch
(on the advice of the Prime Minister)
Term length At His Majesty's pleasure
Formation1277
First holderWilliam de Boneville
Deputy Solicitor General for England and Wales
Salary£178,594 per annum (2022) [1]
(including £84,144 MP salary) [2]
Website www.gov.uk

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] [4] The attorney general is the leader of the Attorney General's Office and currently attends (but is not a member of) the Cabinet. [5] 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. [6]

Contents

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. [7]

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. [8] 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. [9] 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. [9] 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". [8] 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. [10]

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. [10] 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. [11] 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. [12] 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. [13] Despite this change, until the passing of the Homicide Act 1957 the attorney general was bound to prosecute any and all poisoning cases. [14]

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 , [15] 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. [16] 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, [4] starting with Sir Rufus Isaacs in 1912 and ending with Douglas Hogg in 1928. [17] 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. [4] 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. [4] As a government minister, the attorney general is directly answerable to Parliament. [18]

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. [4] [19] 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. [14] By convention, they represent the government in every case in front of the International Court of Justice. [14] 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. [20] An example of a consent case is the Campbell Case, which led to the fall of the first Labour government in 1924. [21]

The attorney general also superintends the Government Legal Department and the Serious Fraud Office. [19] [22] 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. [23] 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. [24] 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. [23] 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". [8] 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. [25]

List of attorneys general

13th century

14th century

15th century

16th century

17th century

18th century

19th century

Colour key (for political parties):
   Conservative    Liberal

Attorney generalTerm of OfficePolitical party Prime Minister
Blank.png William Atherton 4 July 18612 October 1863 Liberal Palmerston
(II)
Lord Selborne LC LS&PC.jpg Roundell Palmer 2 October 186326 June 1866 Liberal
Russell
(II)
Hugh Cairns, 1st Earl Cairns - 1860s.jpg Hugh Cairns 10 July 186629 October 1866 Conservative Derby-Disraeli
(III)
Sir John Rolt 1866.jpg John Rolt 29 October 186618 July 1867 Conservative
John Burgess Karslake, Vanity Fair, 1873-02-22.jpg John Burgess Karslake 18 July 18671 December 1868 Conservative
Robert Porrett Collier2.jpg Robert Collier 12 December 186810 November 1871 Liberal Gladstone
(I)
Lord Coleridge LCJ by EU Eddis.JPG John Coleridge 10 November 187120 November 1873
BaronJames Bassano1882.jpg Henry James 20 November 187317 February 1874
John Burgess Karslake, Vanity Fair, 1873-02-22.jpg John Burgess Karslake 27 February 187420 April 1874 Conservative Disraeli
(II)
Sirrichardbaggally.png Richard Baggallay 20 April 187425 November 1875
John Holker, Vanity Fair, 1878-02-09.jpg John Holker 25 November 187521 April 1880
BaronJames Bassano1882.jpg Henry James 3 May 18809 June 1885 Liberal Gladstone
(II)
Portrait of Richard Webster, 1st Viscount Alverstone.jpg Richard Webster 27 June 188528 January 1886 Conservative Marquess of Salisbury
(I)
Charles Arthur Russell, Baron Russell of Killowen by John Singer Sargent.jpg Charles Russell 9 February 188620 July 1886 Liberal Gladstone
(III)
Portrait of Richard Webster, 1st Viscount Alverstone.jpg Richard Webster 5 August 188611 August 1892 Conservative Marquess of Salisbury
(II)
Charles Arthur Russell, Baron Russell of Killowen by John Singer Sargent.jpg Charles Russell 20 August 18923 May 1894 Liberal Gladstone
( IV)
Lord Justice Rigby.jpg John Rigby 3 May 189424 October 1894
5th Earl of Rosebery
Lord Loreburn GGBain.jpg Robert Reid 24 October 189421 June 1895
Portrait of Richard Webster, 1st Viscount Alverstone.jpg Richard Webster 8 July 18957 May 1900 Conservative Marquess of Salisbury
( Unionist Coalition)

20th century

Colour key (for political parties):

   Conservative
   Labour
   Liberal
   Liberal Unionist
   National Labour
   Irish Unionist

Attorney generalTerm of officePolitical party Prime Minister
1stViscountFinlay.jpg Robert Finlay 7 May 19004 December 1905 Liberal Unionist Marquess of Salisbury
( Unionist Coalition)
Balfour
( Unionist Coalition)
John Lawson Walton.jpg John Lawson Walton 12 December 190528 January 1908 Liberal Campbell-Bannerman
William Robson.jpg William Robson, Baron Robson 28 January 19087 October 1910
Asquith
( I)
Rufus Isaacs, 1st Marquess of Reading in 1917.jpg Rufus Isaacs, 1st Marquess of Reading 7 October 191019 October 1913
Viscount Simon.jpg John Simon 19 October 191325 May 1915
Portrait of Edward Carson, Baron Carson.jpg Edward Carson 25 May 191519 October 1915 Irish Unionist Asquith
(Coalition)
1stEarlOfBirkenhead.jpg F. E. Smith, 1st Earl of Birkenhead 3 November 191510 January 1919 Conservative
Lloyd George
(Coalition)
Gordon Hewart, 1st Viscount Hewart.jpg Gordon Hewart 10 January 19196 March 1922 Liberal
1stViscountHanworth - cropped.jpg Ernest Pollock 6 March 192219 October 1922 Conservative
Hailsham1.JPG Douglas Hogg 24 October 192222 January 1924 Law
Baldwin
Patrick Hastings QC.jpg Patrick Hastings 23 January 19243 November 1924 Labour MacDonald
Hailsham1.JPG Douglas Hogg 6 November 192428 March 1928 Conservative Baldwin
Thomas Inskip.jpg Thomas Inskip 28 March 19284 June 1929
William Allen Jowitt c1945.jpg William Jowitt 7 June 192926 January 1932 Labour MacDonald
(II)
MacDonald
(First National ministry)
MacDonald
(Second National ministry)
Thomas Inskip.jpg Thomas Inskip 26 January 193218 March 1936 Conservative
Baldwin
(Third National ministry)
Blank.png Donald Somervell 18 March 193625 May 1945
Chamberlain
(Fourth National ministry)
Chamberlain
(War)
Churchill
(War)
David Maxwell Fyfe, Nuremberg, 1946 (Art. IWM ART LD 5863).jpg David Maxwell Fyfe
MP for Liverpool West Derby
25 May 194526 July 1945 Churchill
(Caretaker)
Hartley William Shawcross, Baron Shawcross (cropped).png Hartley Shawcross
MP for St Helens
4 August 194524 April 1951 Labour Attlee
Blank.png Frank Soskice
MP for Sheffield Neepsend
24 April 195126 October 1951
LIONEL HEALD.jpg Lionel Heald
MP for Chertsey
3 November 195118 October 1954 Conservative Churchill
Blank.png Reginald
Manningham-Buller

MP for Northamptonshire South
18 October 195416 July 1962
Eden
Macmillan
Blank.png John Hobson
MP for Warwick and Leamington
16 July 196216 October 1964
Douglas-Home
Elwyn Jones in Romania (cropped).jpg Elwyn Jones
MP for West Ham South
18 October 196419 June 1970 Labour Wilson
Blank.png Peter Rawlinson
MP for Epsom
23 June 19704 March 1974 Conservative Heath
Blank.png Samuel Silkin
MP for Dulwich
7 March 19744 May 1979 Labour Wilson
Callaghan
Blank.png Michael Havers
MP for Wimbledon
6 May 197913 June 1987 Conservative Thatcher
Blank.png Patrick Mayhew
MP for Tunbridge Wells
13 June 198710 April 1992
Major
Blank.png Nicholas Lyell
MP for Mid Bedfordshire
10 April 19922 May 1997
Official portrait of Lord Morris of Aberavon crop 2.jpg John Morris
MP for Aberavon
6 May 199729 July 1999 Labour Blair
Blank.png Gareth Williams
Baron Williams of Mostyn
29 July 199911 June 2001

21st century

Colour key (for political parties):

   Conservative
   Labour

Attorney generalTerm of officePolitical party Prime Minister
Peter Goldsmith Crop.jpg Peter Goldsmith
Baron Goldsmith
PC QC
11 June 200127 June 2007 Labour Blair
PatriciaScotland2a.jpg Patricia Scotland
Baroness Scotland of Asthal
PC QC
27 June 200711 May 2010 Brown
Official portrait of Mr Dominic Grieve crop 2.jpg Dominic Grieve
MP for Beaconsfield
12 May 2010 15 July 2014 Conservative Cameron (coalition)
Official portrait of Jeremy Wright MP crop 2, 2024.jpg Jeremy Wright
MP for Kenilworth and Southam
15 July 2014 9 July 2018 Cameron
May
Official portrait of Rt Hon Geoffrey Cox QC MP crop 2.jpg Geoffrey Cox
MP for Torridge and West Devon
9 July 2018 13 February 2020
Johnson
Official portrait of Suella Braverman MP crop 2, 2024.jpg Suella Braverman
MP for Fareham
13 February 2020 2 March 2021
Official portrait of Rt Hon Michael Ellis MP crop 2.jpg Michael Ellis
MP for Northampton North
2 March 202110 September 2021
Official portrait of Suella Braverman MP crop 2, 2024.jpg Suella Braverman
MP for Fareham
10 September 20216 September 2022
Official portrait of Rt Hon Michael Ellis MP crop 2.jpg Michael Ellis
MP for Northampton North
6 September 202225 October 2022 Truss
Official portrait of Victoria Prentis MP crop 2.jpg Victoria Prentis
MP for Banbury
25 October 20225 July 2024 Sunak
Richard Hermer Official Cabinet Portrait, July 2024 (cropped).jpg Richard Hermer
Baron Hermer

PC KC
5 July 2024Incumbent Labour Starmer

See also

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References

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  9. 1 2 Jones (1969) p. 45
  10. 1 2 Jones (1969) p. 44
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Works cited