Attorney General for England and Wales

Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General (A-G), is one of the Law Officers of the Crown. The Attorney General serves as the chief legal adviser to the Crown and the Government in England and Wales, and though they maintain their own office, they are still subordinate to the Cabinet-level Secretary of State for Justice (Lord Chancellor).[1] The Solicitor General for England and Wales serves as the next in command and is subordinate to the Attorney General.

Her Majesty's Attorney General for England and Wales
Royal Arms of Her Majesty's Government
Incumbent
Suella Braverman
since 13 February 2020 (2020-02-13)
Attorney General's Office
StyleThe Right Honourable
Reports toThe Prime Minister and the Secretary of State for Justice
AppointerThe Monarch
on advice of the Prime Minister
Formation1277
First holderWilliam de Boneville
DeputySolicitor General
Websitewww.gov.uk
This article is part of the series: Courts of England and Wales
Law of England and Wales

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 twentieth 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 Service, both under the supervision of the Attorney General.

The job of the Attorney General is a demanding one, and Sir Patrick Hastings wrote while serving that "to be a law officer is to be in hell".[2] Duties include superintending the Crown Prosecution Service, the Serious Fraud Office, and other government lawyers with the authority to prosecute cases. Additionally, the Attorney General superintends the Government Legal Department (formerly the Treasury Solicitor's Department), HM Crown Prosecution Service Inspectorate and the Service Prosecuting Authority. The Attorney 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. Since the passing of 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.

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.[2] 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.[3] 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.[3] 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".[2] 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.[4]

During the sixteenth 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.[4] 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.[5] 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.[6] 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.[7] Despite this change, until the passing of the Homicide Act 1957 the Attorney General was bound to prosecute any and all poisoning cases.[8]

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,[9] where the legality of the Government's detention of terrorist suspects at Belmarsh was at issue.

Role and duties

The Attorney General is a non-cabinet minister who leads the Attorney General's Office. 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,[10] starting with Lord Birkenhead in 1915 and ending with Douglas Hogg in 1928.[11] 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;[10] this has occurred on several occasions, most notably, Geoffrey Cox throughout the Brexit negotiations. 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.[10] As a government minister, the Attorney General is directly answerable to Parliament.[12]

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.[10][13] 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.[8] By convention, they represent the government in every case in front of the International Court of Justice.[8] 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.[14] An example of a consent case is the Campbell Case, which led to the fall of the first Labour government in 1924.[15]

The Attorney General also superintends the Government Legal Department and the Serious Fraud Office.[13][16] 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.[17] 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.[18] 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.[17] 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".[2] 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 his or her actions are treated as coming from the Attorney General.[19]

List of Attorneys General

13th century
  • William of Boneville (1277–1278)
  • William de Giselham (1278–1279)
  • Gilbert de Thornton (1279–1280)
  • Alanus of Walkingham (1280–1281)
  • John le Fawconer (1281–1284)
  • William of Selby (1284–1286)
  • Gilbert de Thornton (1286–1286)
  • William Inge (1286–1289)
  • John de Bosco (1289–1290), also called John de Boys
  • William Inge and Hugo de Louther (1291–1293)[20]
  • John de Mutford (1293–1299)[20]
  • Nicholas de Warwick (1299)[20]

14th century
  • John de Cestria (1300–1301)[20]
  • John de Mutford (1301–1308)[20]
  • Matthew de Scacarrio (1308–1312)[21]
  • John de Norton (1312–1315)[21]
  • William de Langley (1315–1318)[21]
  • Adam de Fyneham (1318–1320)[21]
  • Galfridus de Scrope (1320–1322)[21]
  • Galfridus de Fyngale (1322–1324)[21]
  • Adam de Fyneham (1324–1327)[21]
  • William of Merston (26 February 1327 – 1327)[21]
  • Alexander de Hadenham and Adam de Fyneham (1327–1328)
  • Richard of Aldeburgh (1329–1334)
  • Simon of Trewythosa (c. 1334)
  • William of Hepton (1334–1338)
  • John of Lincoln (28 May 1338 – 4 August 1338)
  • John of Clone (4 August 1338 – 1338)
  • William of Merington (1338–1339)
  • John of Clone (1339–1342)
  • William of Thorpe (1342–1343)
  • John of Lincoln (1343–1343)
  • John of Clone (1343–1349)
  • Simon of Kegworth (1349–1353)
  • Henry of Greystok (1353–1356)
  • John of Gaunt (1356 – 4 May 1360)
  • Richard of Fryseby (4 May 1360 – 1362)
  • William (or possibly Robert) of Pleste (1362–1363)
  • William of Nessefield (1363 – 9 November 1366)
  • Thomas of Shardelow (9 November 1366 – 20 May 1367)
  • John of Ashwell (20 May 1367 – 1367)
  • Michael Skilling (1367–1378)
  • Thomas of Shardelow (1378–1381)
  • William Ellis (1381–1381)
  • Laurence Dru (1381–1384)
  • William of Horneby (1384–1386)
  • Edmund Brudnell (1386–1398)
  • Thomas Coveley (1398 – 30 September 1399)
  • William of Lodington (30 September 1399 – 1401)

15th century
  • Thomas Coveley (1401 – 13 July 1407)
  • Thomas Dereham (13 July 1407 – 17 August 1407)
  • Roger Hunt (17 August 1407 – 1410)
  • Thomas Tickhill (1410 – 16 January 1414)
  • William Babington (16 January 1414 – 1420)
  • William Babthorpe (1420 – 28 October 1429)
  • John Vampage (28 October 1429 – 30 June 1452)
  • William of Nottingham (30 June 1452 – 12 August 1461)
  • John Herbert (12 August 1461 – 1461)
  • Henry Sothill (1461 – 16 June 1471)
  • William Hussey (16 June 1471 – 7 May 1481)
  • William Huddesfield (7 May 1481 – 28 May 1483)
  • Morgan Kidwelly (28 May 1483 – 20 September 1485)
  • William Hody (20 September 1485 – 3 November 1486)
  • James Hobart (3 November 1486 – April 1509)

16th century
  • John Ernley (April 1509 – 26 January 1518)
  • John Fitz-James (26 January 1518 – February 1522)
  • John Roper (February 1522 – 1 April 1524)
  • Ralph Swillington (1 April 1524 – August 1525)
  • Richard Lyster (August 1525 – 3 June 1529)
  • Christopher Hales (3 June 1529 – 10 July 1535)
  • Sir John Baker (10 July 1535 – 8 November 1540)
  • Sir William Whorwood (8 November 1540 – 8 June 1545)
  • Henry Bradshaw (8 June 1545 – 21 May 1552)
  • Edward Griffin (21 May 1552 – 22 January 1559)
  • Sir Gilbert Gerard (22 January 1559 – 1 June 1581)
  • Sir John Popham (1 June 1581 – 2 June 1592)
  • Sir Thomas Egerton (2 June 1592 – 10 April 1594)
  • Sir Edward Coke (10 April 1594 – 4 July 1606)

17th century

18th century

19th century

1900–2001

Colour key (for political parties):
  Conservative   Labour   Liberal   Liberal Unionist   National Labour   Ulster Unionist

Name Portrait Term of office Political party Prime Minister
Sir Robert Finlay 7 May 1900 4 December 1905 Liberal Unionist Marquess of Salisbury
(Unionist Coalition)
Balfour
(Unionist Coalition)
Sir John Lawson Walton 12 December 1905 28 January 1908 Liberal Campbell-Bannerman
Sir William Robson 28 January 1908 7 October 1910 Liberal
Asquith
(I)
Sir Rufus Isaacs 7 October 1910 19 October 1913 Liberal
Sir John Simon 19 October 1913 25 May 1915 Liberal
Sir Edward Carson 25 May 1915 19 October 1915 Ulster Unionist Asquith
(Coalition)
Sir F. E. Smith 3 November 1915 10 January 1919 Conservative
Lloyd George
(Coalition)
Sir Gordon Hewart 10 January 1919 6 March 1922 Liberal
Sir Ernest Pollock 6 March 1922 19 October 1922 Conservative
Sir Douglas Hogg 24 October 1922 22 January 1924 Conservative Law
Baldwin
Sir Patrick Hastings 23 January 1924 3 November 1924 Labour MacDonald
Sir Douglas Hogg 6 November 1924 28 March 1928 Conservative Baldwin
Sir Thomas Inskip 28 March 1928 4 June 1929 Conservative
Sir William Jowitt 7 June 1929 26 January 1932 Labour MacDonald
(II)
MacDonald
(First National ministry)
MacDonald
(Second National ministry)
Sir Thomas Inskip 26 January 1932 18 March 1936 Conservative
Baldwin
(Third National ministry)
Sir Donald Somervell 18 March 1936 25 May 1945 Conservative
Chamberlain
(Fourth National ministry)
Chamberlain
(War)
Churchill
(War)
Sir David Maxwell Fyfe 25 May 1945 26 July 1945 Conservative Churchill
(Caretaker)
Sir Hartley Shawcross 4 August 1945 24 April 1951 Labour Attlee
Sir Frank Soskice 24 April 1951 26 October 1951 Labour
Sir Lionel Heald 3 November 1951 18 October 1954 Conservative Churchill
Sir Reginald
Manningham-Buller		 18 October 1954 16 July 1962 Conservative
Eden
Macmillan
Sir John Hobson 16 July 1962 16 October 1964 Conservative
Douglas-Home
Sir Elwyn Jones 18 October 1964 19 June 1970 Labour Wilson
Sir Peter Rawlinson 23 June 1970 4 March 1974 Conservative Heath
Samuel Silkin 7 March 1974 4 May 1979 Labour Wilson
Callaghan
Sir Michael Havers 6 May 1979 13 June 1987 Conservative Thatcher
Sir Patrick Mayhew 13 June 1987 10 April 1992 Conservative
Major
Sir Nicholas Lyell 10 April 1992 2 May 1997 Conservative
Sir John Morris 6 May 1997 29 July 1999 Labour Blair
The Lord Williams
of Mostyn		 29 July 1999 11 June 2001 Labour

2001–present

Colour key (for political parties):
  Conservative   Labour

Name Portrait Term of office Political party Prime Minister
The Lord Goldsmith 11 June 2001 27 June 2007 Labour Blair
The Baroness Scotland
of Asthal		 27 June 2007 11 May 2010 Labour Brown
Dominic Grieve 12 May 2010 15 July 2014 Conservative Cameron
Jeremy Wright 15 July 2014 9 July 2018
May
Geoffrey Cox 9 July 2018 13 February 2020
Johnson
Suella Braverman 13 February 2020 Incumbent

See also

Notes
  1. "The Attorney General of England and the Attorney General of the United States" (PDF). Duke University School of Law. Retrieved 5 December 2018.
  2. Jones (1969) p.43
  3. Jones (1969) p.45
  4. Jones (1969) p.44
  5. Cooley (1958) p.307
  6. Attorney General's Office (2007) p.4
  7. Jones (1969) p.46
  8. Jones (1969) p.48
  9. [2004] UKHL 56
  10. Jones (1969) p.47
  11. "Oxford DNB article: Hogg, Douglas McGarel (subscription needed)". Oxford University Press. 2004. Retrieved 29 August 2009.
  12. Jones (1969) p.49
  13. "What does the Attorney General Do?". Archived from the original on 8 December 2015. Retrieved 10 March 2014.
  14. The Protocol between the Attorney General and the Prosecuting Departments, July 2009 Archived 25 July 2011 at the Wayback Machine
  15. Jones (1969) p.50
  16. "Attorney General's Office for England and Wales". Attorney General's Office for England and Wales. Retrieved 29 August 2009.
  17. Constitutional Affairs Committee. "The Constitutional Role of the Attorney General" (PDF). Government of the United Kingdom. Retrieved 29 July 2014.
  18. Attorneygeneral.gov.uk
  19. Elliott (2008) p.249
  20. The Chronological Historian:Volume 2. p. 55.
  21. The Chronological Historian:Volume 1. p. 59.

References
  • Attorney General's Office (2007). "The governance of Britain: a consultation on the role of the Attorney General". The Stationery Office. ISBN 9780101719223. Cite journal requires |journal= (help)
  • Carroll, Alex (2007). Constitutional and Administrative Law (4th ed.). Pearson Longman. ISBN 978-1-4058-1231-3.
  • Cooley, Rita (1958). "Predecessors of the Federal Attorney General: The Attorney General in England and the American Colonies". The American Journal of Legal History. Temple University. 2 (4). ISSN 0002-9319.
  • Dickens, Bernard (1972). "The Attorney-General's Consent to Prosecutions". The Modern Law Review. Blackwell Publishing. 35 (4).
  • Elliott, Catherine; Francis Quinn (2008). English Legal System (9th ed.). Pearson Longman. ISBN 978-1-4058-5941-7.
  • Jones, Elwyn (1969). "The Office of Attorney-General". The Cambridge Law Journal. Cambridge University Press. 27 (1). ISSN 0008-1973.
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