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In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, state attorney or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor represents the people of the jurisdiction in the state's courts. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography – though other terms are also in use, such as the Counsel General for Wales. Law officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between law officers and the state attorneys general of the United States or US Attorney General.
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
A procurator fiscal, sometimes called PF or fiscal, is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland, conduct fatal accident inquiries and handle criminal complaints against the police. They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.
Devilling is the custom of more senior self employed barristers/advocates making use of their junior’s services to complete briefs belonging to the more senior barrister/advocate, usually without the knowledge of the attorney. Not to be confused with the period of training called pupillage or junior work undertaken by a person wishing to become an advocate in one of the English-speaking common law systems of the United Kingdom, Ireland, Hong Kong, and Australia.
Crown prosecutors are the public prosecutors in the legal system of Australia. In Western Australia, they are referred to as State prosecutors.
Margaret Mary Cunneen SC is an Australian barrister, prosecutor and commissioner of a government inquiry.
The Crown Law Office is the public service department charged with advising the New Zealand Government on legal affairs, representing the government in appellate cases, and overseeing the prosecution of criminal offences before the courts.
A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.
The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS) and the third most senior public prosecutor in England and Wales, ranking after the attorney general and solicitor general.
Oluwashijibomi "Shiji" Lapite was a 34-year-old Nigerian asylum seeker who died in the back of a police van shortly after being detained by two officers from Stoke Newington police station in London.
In Scottish law, a Lord Advocate's Reference is a procedure by which the Lord Advocate can refer a point of law that has arisen during the course of solemn proceedings to the High Court of Justiciary sitting as the Court of Criminal Appeal, for a determination. The Lord Advocate is the senior law officer of the Scottish Government, chief public prosecutor and head of the Crown Office and Procurator Fiscal Service in Scotland.
The New South Wales Office of the Director of Public Prosecutions (ODPP) is an independent prosecuting service and government agency within the portfolio of the Attorney General of New South Wales. Of all prosecuting services in Australia, the ODPP has the largest caseload, staff, and budget.
The Office of the Director of Public Prosecutions is the principal public agency for conducting criminal prosecutions in the Republic of Ireland. It is led by the Director of Public Prosecutions (DPP).
Solicitor General for New South Wales, known informally as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General. They can exercise the powers of the Attorney General in the Attorney General's absence. The Solicitor General acts alongside the Crown Advocate, and Crown Solicitor, and serves as one of the legal and constitutional advisers of the Crown and its government in the Australian state of New South Wales.
References
- ↑ "Advocates: Selection of" from CPS website
- ↑ Clark, Douglas, Gunboat Justice: British and American Law Courts in China and Japan (1842-1943), Volume 1, p193-5 ISBN 9888273086
- ↑ Office of the Attorney General
- ↑ NSW State Records Investigatgor
- ↑ "South Australian Premiers press release 25 July 2014" (PDF). Archived from the original (PDF) on 24 September 2015. Retrieved 23 January 2015.
- ↑ "Tasmanian Director of Public Prosecutions, Annual Report 2009-2010" (PDF). Archived from the original (PDF) on 4 February 2014. Retrieved 20 January 2014.