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Sep 11, 2019 · Date: 11 September 2019. Bench: Kiefel CJ, ; Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ. Catchwords: Criminal practice – Private prosecution – Authority to prosecute – Where private citizen sought to commence criminal proceeding for offence of crime against humanity contrary to s 268.11 of Criminal Code (Cth) – Where offence ...
- 18 cases
- 30 provisions
- 11 September 2019
Jackson v Attorney General [2006] 1 AC 262. Upholds the legality of the Parliament Acts 1911 and 1949, limiting the House of Lords’ legislative powers. Facts. In November 2004, the British Government enacted the Hunting Act which prohibited fox hunting, inter alia.
- The Constitutional Affairs Committee
- Current membership
- Publications
- Committee staff
- 48 Summary
- Introduction
- Chief legal adviser to the Government
- Wednesday 7 February 2007
- Ev 17
- Wednesday 27 June 2007
- on Wednesday 7 February 2007
- Lord Goldsmith: Yes.
- Q26 David Howarth: Yes.
- Q30 David Howarth: But not in that way?
- Lord Goldsmith: Forgive me.
- Lord Goldsmith: Yes.
- Q72 Bob Neill: In what sense?
- Lord Goldsmith: No, I had not.
- Q92 Chairman: It was, indeed.
- Lord Goldsmith: Yes.
- Wednesday 28 February 2007
- Q140 Keith Vaz: So she is wrong?
- Q147 David Howarth: Yes, that is the point.
- Q212 Chairman: Yes.
- Wednesday 27 June 2007
- Robert Wardle: Yes.
- Lord Goldsmith: Yes.
- Appendix 2
- Evidence submitted by the Corner House
- Further evidence submitted by the Rt Hon Lord Goldsmith QC, Attorney General
- 17. Other functions:
- 24. Other functions:
- 36. Other functions:
- 43. Other functions:
- 59. Other functions:
- Further evidence submitted by the Rt Hon Lord Goldsmith QC, Attorney General
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- Trial of Zardad
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- Evidence submitted by Professor John Spencer QC
The Constitutional Affairs Committee is appointed by the House of Commons to examine the expenditure, administration and policy of the Department for Constitutional Affairs (on 9 May the Department was renamed the Ministry of Justice) and associated public bodies.
Rt Hon Alan Beith MP (Liberal Democrat, Berwick-upon-Tweed) (Chairman) David Howarth MP (Liberal Democrat, Cambridge) Siân James MP (Labour, Swansea East) Jessica Morden MP (Labour, Newport East) Julie Morgan MP (Labour, Cardiff North) Robert Neill MP (Conservative, Bromley and Chislehurst) Mr Andrew Tyrie MP (Conservative, Chichester) Rt Hon Keith...
The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the internet at www.parliament.uk/conaffcom
The current staff of the Committee are Roger Phillips (Clerk), Dr Rebecca Davies (Second Clerk), Kate Akester (Adviser (Sentencing Guidelines)), Maïk Martin (Committee Legal Specialist), Ian Thomson (Committee Assistant), Jane Trew (Committee Assistant - EDRM), Chryssa Poupard (Secretary), Henry Ayi-Hyde (Senior Office Clerk) and Jessica Bridges-Pa...
The office of Attorney General is an ancient one. It combines legal administration and the provision of independent legal advice with the political duties of being a member of the Government. He or she is also superintendent of the prosecution services in England and Wales. Recent events have called into question the sustainability of this divided ...
The office of the Attorney General is an ancient one, which has traditionally been at the junction between law and politics in England and Wales. The office has not remained static but has developed in order to accommodate the wide range of tasks and functions of the modern Attorney General. Traditionally, the Attorney General and the Solicitor Gen...
11. One of the main functions of the Attorney General is the provision of legal advice to the Government. Until comparatively recently, the Attorney General was expected to be able to advise on a wide range of matters based on his own knowledge of the law. In reality, much of this advice is prepared by civil servants who are lawyers, expert in a pa...
Rt Hon Lord Goldsmith QC, a Member of the House of Lords and Attorney General
Rt Hon Lord Falconer of Thoroton QC, a Member of the House of Lords and Lord Chancellor and Secretary of State for Constitutional Affairs
Robert Wardle, Director, Serious Fraud Office Rt Hon Lord Goldsmith QC, a Member of the House of Lords and Attorney General
Members present Mr Alan Beith, in the Chair David Howarth Mrs Siaˆn C James Bob Neill Mr Andrew Tyrie Dr Alan Whitehead Jeremy Wright Witness: Rt Hon Lord Goldsmith QC, a Member of the House of Lords, Attorney General, gave evidence. Q1 Chairman: Mr Attorney General, welcome back to the Committee. Thank you very much for your memorandum, which is v...
Q14 David Howarth: How do you understand that relationship? Lord Goldsmith: In that particular case, he told me that his decision was that he should not continue with the investigation in the light of the information that he had and, as I have said very openly and came to the House of Commons (as the Solicitor General did, too) to say I agreed with...
Lord Goldsmith: My view in relation to that is very clear. I do not believe that the OECD Convention prevents any country which has signed up from having regard to something so fundamental as national security. I do not believe we would have signed up to this Convention if we believed that we could not have regard to national security. Put on one s...
Lord Goldsmith: Well, it is an example. It makes absolutely no sense to say, which is the normal case, “If it would involve revealing information which would be damaging about national security then you don’t go ahead, but if it in itself damages national security, you do.” That would be absolutely absurd. Q31 David Howarth: The reason this distinc...
Chairman: I have an interest as a member of it. Mr Tyrie: It cannot come to its own conclusions and publish them independently of prior scrutiny and censorship by the Prime Minister. Therefore, it does not provide the same level—and indeed the reports are, whether one calls them censored, redacted, whatever you like, abridged or redacted from time ...
Q63 Mr Tyrie: Why not refer those to the Security and Intelligence Committee? Lord Goldsmith: Well, nobody has made that suggestion so far. If the suggestion is made, if that was something which the Security— Q64 Mr Tyrie: Perhaps the Chairman will take that away as a thought. Lord Goldsmith: Maybe, but I must be very clear about this. This is not ...
Lord Goldsmith: You would not be able to summon (as has happened to the Solicitor General and to me) the law oYcers to come into Parliament on so far three occasions on BAE in both our cases, to make statements and to answer questions. Bob Neill: Are there no means by which Parliament can set up oYcers who are able to be summoned or who are held to...
Q78 Bob Neill: You did not tell the Director your concerns about the public interest? Lord Goldsmith: No, the Director had the information. You look at me in a surprising way, but you are wrong about this. The Director formed his view. He actually formed his view after meetings (which I had not attended) with our Ambassador, and of course seeing th...
Lord Goldsmith: Absolutely, what is the role of the Attorney General in relation to the Rule of Law. There cannot conceivably be the position that there is only one minister in Government who is concerned with the Rule of Law; indeed, I am not sure I would want to be a member of a government in which every other minister thought he was licensed to ...
Q97 Dr Whitehead: You mentioned earlier to us that you are also accountable to Parliament in all of those roles to the extent that you would not, under any conceivable circumstances that you can think of, for example, refuse to give an account and face questions on that account of your activities? Would you then regard those two roles as the same, ...
Members present Mr Alan Beith, in the Chair David Howarth Mrs Siaˆn C James Bob Neill Mr Andrew Tyrie Keith Vaz Dr Alan Whitehead Witnesses: Rt Hon Lord Morris of Aberavon KG QC and Rt Hon Lord Mayhew of Twysden QC, gave evidence. Chairman: Good afternoon, Lord Mayhew and Lord Morris, and a very warm welcome to you and thank you for giving us the b...
Lord Morris of Aberavon: Definitely wrong, and this particular Damascene conversion baZes me, that that is the basis of it; that it is an entirely a matter between the Government and the Attorney and if it were opened up, and it has not been opened up except in very rare and exceptional cases over 500 years, so there must be some value in maintaini...
Lord Falconer of Thoroton: If the lawyer has been told one thing and Parliament has been told another, that would be wholly wrong, but I do not think that is perceived to be a particular problem. Q148 Mrs James: I want to turn to the accountability of the Attorney General. We had very interesting responses from Lord Mayhew and Lord Morris on this i...
Lord Falconer of Thoroton: I was hoping I could persuade you that you do not need to have all of that expenditure on bricks and mortar and judicial resources to deliver the essence of community justice. If you were going to come to that view, there are other people who take the same view as me who have a degree of expertise that I do not have. Q213...
Members present: Mr Alan Beith, in the Chair David Howarth Mrs Siaˆn C James Julie Morgan Bob Neill Mr Andrew Tyrie Keith Vaz Jeremy Wright Witness: Robert Wardle, Director, Serious Fraud OYce, gave evidence Chairman: Mr Wardle, good morning and welcome. I think we have to declare any interests we might have around the table. Jeremy Wright: I am a ...
Q248 Mr Tyrie: And if the evidence that you were given by the ambassador was written down and put on a piece of paper or you were to come over and give it in oral evidence in a closed session to a group of people who could see these papers and then they could report on its general conclusions, are you confident they would come to the same judgment,...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
Thank you for your letter of 21 March inviting me to send the Committee written evidence. Unfortunately it arrived just after I set oV for an extended visit to Japan, and in consequence I was not able to respond by 16 April, as you asked. Although I have missed the deadline, I thought I would still reply, in the hope that my views might still be of...
between the appellants and the Attorney General, the real question turns on the validity of the 1949 Act and that in turn depends on the true effect of the 1911 Act.
The question now arises as to whether the Attorney General’s discretionary powers are embraced within that category of prerogative powers whose subject matter renders them amenable to judicial review, or whether they remain beyond judicial scrutiny.
Sep 7, 2023 · This paper examines one aspect of the Attorney General's role which particularly brings her position as a politician and a Government Law Officer into question: the power to decide to initiate proceedings for contempt by publication in situations involving politicians.
People also ask
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Jan 11, 2022 · The role of the Attorney-General (and thus the Solicitor-General, who since the Law Officers Act 1997 can formally exercise all functions of the Attorney-General) was, and remains, multi-faceted and juggling those facets could be problematic.
