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- Formal written legal opinions of the attorney general answer questions of law from state agencies or officials about the agency’s or official’s legal duties.
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Dec 7, 2018 · There are two key elements in deciding whether legal privilege applies. First, one must consider the nature of the advice itself, as was said in Balabel v Air India [1988] Ch 317 at paragraph...
- Legal Principles
- What Sort of Cases Can Be referred?
- Time Limits
- Criminal Procedure Rules
- What Sort of Case Should Not Be referred?
- Guidance
- Appeals and Review Unit - Responsibility
- Initial Consideration
- Instructing Treasury Counsel
- Submission to The Attorney General's Office
Where a person tried on indictment has been acquitted on all or part of the indictment, the Attorney General has the power to seek the opinion of the Court of Appeal on a point of law which has arisen in the case, section 36 (1) Criminal Justice Act 1972 (CJA 1972). The purpose of the procedure is to clarify the law. It is not a means to change the...
A Reference will only be appropriate if the ruling in question: 1. is sufficiently clear and precise to be capable of being challenged 2. is concerned with a point of law, rather than the sufficiency of the evidence in the case; and 3. raises a point of practical importance which is likely to be followed in other cases. There must have been an acqu...
There are no statutory time limits for the lodging of a Reference but matters should be handled expeditiously as the aim is to clarify the law quickly and prevent an erroneous decision being followed in other cases.
The rules governing the detailed procedure for References can be found in Part 41 Criminal Procedure Rules.
The Reference procedure is not to be used to: 1. determine theoretical questions of law; or 2. refer to the Court of Appeal a ruling which is clearly in ignorance of or inconsistent with clear existing authority.
Set out below is the usual procedure to be followed although the Attorney General may decide to adopt a different approach.
It is the responsibility of the Appeals and Review Unit (ARU) to deal with: 1. The initial decision whether or not to seek a Reference (in liaison with the Area); 2. The preparation of any draft Reference; 3. To assist in the conduct of the proceedings with the Attorney General's Office (AGO) once the Reference has been served.
The first step is for the Area to consider that a point of law is worthy of a Reference. The Area should obtain the opinion of the prosecution advocate who prosecuted the case. The opinion should: 1. briefly recite the facts of the case; 2. indicate the point of law; 3. set out the terms of the judge's ruling; and 4. set out the reasons why it is t...
If the ARU concludes that a Reference ought to be pursued then it may instruct Treasury Counsel to advise and to draft the Reference, having liaised with the AGO. It may be that the AGO will instruct Treasury Counsel instead or in addition to the CPS. Prior to instructing Treasury Counsel it will be necessary to obtain a transcript of the legal arg...
The ARU, with assistance from Area, must forward the following to the AGO: 1. the draft Reference; 2. Treasury Counsel's opinion, if obtained; 3. Trial Advocate's opinion; 4. the indictment; 5. the statements; 6. the exhibits; 7. the transcript of the legal argument and Judge's ruling; 8. the ARU's assessment of the case; 9. any other documents tha...
Dec 23, 2020 · The Attorney General has directed the Office of Legal Counsel to publish selected opinions for the convenience of the Executive, Legislative, and Judicial Branches of the government, and of the professional bar and the general public.
The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers’ departments. Responsibilities...
The Attorney General’s Office (AGO) provides legal advice and support to the Law Officers who give legal advice to government and perform other duties in the public interest, AGO is a ...
Aug 12, 2024 · The Attorneys General of the United States and the Office of Legal Counsel (OLC) may promulgate non-binding advisory opinions. These opinions are based on authority by the Judiciary Act of 1789, 28 U.S.C. §§511-513.
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.