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A State Counsel is a public prosecutor, representing the Attorney General of Sri Lanka in the legal system of Sri Lanka as well as representing the state on behalf of the Attorney General on Criminal and civil proceedings related to the state or state institutions. [1]
State Counsels exercise the office of the Attorney General in the relevant district and or specific jurisdiction. State Counsels are not elected, and are instead public servants gazetted as Law Officers of the Attorney General's Department. Appointment of State Counsel are at the discretion of the Attorney General, from qualified Attorneys at law of the Supreme Court of Sri Lanka recognized and recommended for service by a panel of senior state officials.
State counsels, representing the Honorable Attorney General in each high court of Sri Lanka, play a crucial role in the country's criminal justice system. They wield the powers of the Attorney General within their respective jurisdictions. Without a state counsel, a high court's operations would be severely hindered, given that the majority of cases in high courts are brought forth by the Attorney General. Individuals with substantial legal expertise are carefully chosen for the position of state counsel through a highly competitive interview process, widely regarded as one of the toughest in the country.
A Senior State Counsel is the higher grade, appointed following several years of experience in the role of State Counsel. [2] [3] [1]
Prior to 1972 the post was known as Crown Counsel; the name was changed when Ceylon became a republic. Crown Proctors became State Attorneys, serving as instructing attorneys for civil and criminal cases of the department.
There are similarities between the role of the State Counsel and the Procurator Fiscal in Scotland, Crown Prosecutor in England and Wales, Crown Attorneys in Canada and District Attorneys in the United States.
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.
A solicitor general or solicitor-general, in common law countries, is usually a legal officer who is the chief representative of a regional or national government in courtroom proceedings. In systems that have an attorney-general, the solicitor general is often the second-ranked law officer of the state and a deputy of the attorney-general. The extent to which a solicitor general actually provides legal advice to or represents the government in court varies from jurisdiction to jurisdiction, and sometimes between individual office holders in the same jurisdiction.
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.
A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries provide people with public defenders, including the UK, Belgium, Hungary and Singapore, and some states of Australia. Brazil is the only country in which an office of government-paid lawyers with the specific purpose of providing full legal assistance and representation to the needy free of charge is established in the constitution. The Sixth Amendment to the US Constitution, as interpreted by the Supreme Court, requires the US government to provide legal counsel to indigent defendants in criminal cases. Public defenders in the United States are lawyers employed by or under contract with county, state or federal governments.
Crown attorneys or crown counsel or, in Alberta and New Brunswick, crown prosecutors are the prosecutors in the legal system of Canada.
An advocate general of a state is a senior officer of the law. In some common law and hybrid jurisdictions the officer performs the function of a legal advisor to the government, analogous to attorneys general in other common law and hybrid jurisdictions. By contrast, in the European Union and some continental European jurisdictions, the officer is a neutral legal advisor to the courts.
Crown prosecutors are the public prosecutors in the legal system of Australia. In Western Australia, they are referred to as State prosecutors.
A President's Counsel is an eminent lawyer who is appointed by the President of Sri Lanka as an individual "learned in the law". The term is an honorific that replaced the Queen's Counsel (QC), which Sri Lanka ceased appointing when it became a republic in 1972. It is equivalent to the appointment of a King's Counsel in the United Kingdom and other Commonwealth realms, and that of Senior Counsel in Commonwealth republics, bearing the same privileges, such as sitting within the Bar of court.
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.
An Attorney at law in Sri Lanka is the only legal practitioners authorised to represent others in all court of law in the island and are also authorised to give advice regarding any matter of law. Alternative terms include lawyer.
The Attorney General's Department is a non-ministerial government department in Sri Lanka that supports the attorney general and his/her deputy the solicitor general. The department is headed by the attorney general and comes under the purview of the Ministry of Justice. The office of "Attorney General" was formally adopted in the year 1884.
Chitta Ranjan De Silva, PC was a Sri Lankan lawyer. He was Attorney General and Solicitor General of Sri Lanka. He was the Chairman of the Lessons Learnt and Reconciliation Commission.
Mohamed Shibly Aziz was a Sri Lankan lawyer. He served as Attorney General of Sri Lanka from 1995 to 1996 and served in the Constitution Council of Sri Lanka from 2015 to 2018.
In New Zealand, a Crown prosecutor is a private lawyer appointed to prosecute indictable offences on behalf of the Crown.
Priyasath Dep PC is a Sri Lankan judge and lawyer. He was the 45th Chief Justice of Sri Lanka and a former Solicitor General of Sri Lanka.
Yasantha Kodagoda is a Puisne Justice of the Supreme Court of the Democratic Socialist Republic of Sri Lanka. He was called to the Bar as an Attorney-at-Law of the Supreme Court of Sri Lanka on 28 October 1988. Prior to being appointed by the President of Sri Lanka as the President of the Court of Appeal in March 2019, he served as an Additional Solicitor General of the Attorney General's Department. Having joined the Attorney General's Department of Sri Lanka in 1989 as a State Counsel, he rose to the positions of Senior State Counsel (1999), Deputy Solicitor General (2005), Senior Deputy Solicitor General (2014) and Additional Solicitor General (2015). He has 30+ years of experience as a Public Prosecutor and Legal Advisor to the Government of Sri Lanka. His specialization is in the field of criminal justice. In 2015, in recognition of his eminence in the legal profession, he was appointed President's Counsel. He completed his primary and secondary education at Ananda College Colombo he was a president Scout of ananda college and then attended Sri Lanka Law College. He obtained Master's degree in Public International Law with Merit (LL.M.) from the University College London (UCL) He acted as the Director of the Advanced Legal Studies Unit of the Sri Lanka Law College and the Director of the Institute of Advanced Legal Studies of the Incorporated Council of Legal Education. He has served many Commissions of Inquiry as representative Counsel of the Attorney General. For over a decade, he has represented Sri Lanka before the UN Human Rights Commission and the UN Human Rights Council. He has also represented Sri Lanka before the UN Security Council's Working Group on Children in Armed Conflict, and has served as the Accredited Representative of the Government of Sri Lanka at the UN Committee Against Torture. He was a member of the EU-Sri Lanka Working Group on Trade and Economic Relations Cooperation 2016 and actively participated in Sri Lanka gaining the GSP+ trade concessions. Kodagoda is known as a book reviewer
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