Crown Advocate
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Crown advocate is a title used in some former British colonies (and until recently in Britain) for a government prosecutor. In former British Colonies and certain British
extraterritorial In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually cla ...
courts the title is (or was) used by the senior government advocate. Until recently, in Britain the title is used for entry-level prosecution counsel employed by the
Crown Prosecution Service 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. The main responsibilities of the CPS are to provide legal adv ...
.


Great Britain

In the United Kingdom, the role of a crown advocate (now called a crown prosecutor) is to analyse, review, prepare and present a wide range of cases in the Crown Court and the Court of Appeal, including as a junior advocate in the more serious and complex cases. Crown advocates will be expected to have an up-to-date knowledge of all criminal offences and will maintain a high volume of casework, which will include the review of more serious and complex cases. There are also senior and principal crown advocates.


British Supreme Court for China and Japan

The position of Crown Advocate was created in the British Supreme Court for China and Japan in 1878. The first holder of the position was
Nicholas John Hannen Sir Nicholas John Hannen (24 August 1842 – 27 April 1900) was a British barrister, diplomat and judge who served in China and Japan. He was the Chief Justice of the British Supreme Court for China and Japan from 1891 to 1900 and also served c ...
. The position was similar to the position of an Attorney General in a colony. The Crown Advocate was not a full-time employee of the
Foreign Office Foreign may refer to: Government * Foreign policy, how a country interacts with other countries * Ministry of Foreign Affairs, in many countries ** Foreign Office, a department of the UK government ** Foreign office and foreign minister * Unit ...
but received payment for acting as Crown Advocate. The Crown Advocate was allowed to accept cases from private clients that did not conflict with his role as Crown Advocate.


Malta

The position of Crown Advocate was created in 1839 to replace the office of
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
. The position was abolished in 1922 and taken over by the Treasury Counsel. In 1936, the role of Treasury Counsel was taken over by the newly re-created office of Attorney General.


Australia


New South Wales

The Crown Advocate is appointed under the provisions of the Crown Advocate Act, 1979 (Act No.59). The Crown Advocate advises the Attorney General, particularly on questions arising under the criminal law, and appears for the NSW Government in criminal proceedings of special significance Under the Act the Crown Advocate assists the Solicitor General in respect of the exercise or discharge by the Solicitor General of any powers, authorities, duties or functions delegated by the Attorney General under section 4 of the Solicitor General Act, 1969.


South Australia

The Crown Advocate is responsible for the conduct of the State’s major civil and commercial litigation, and will act as senior trial counsel in more complex matters.


Tasmania

From 1973 to 1986 the senior government prosecutor in Tasmania was known as the Crown Advocate. The title was changed to
Director of Public Prosecutions 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 o ...
in 1986.


See also

*
King's Advocate The King's Advocate (or Queen's Advocate when the monarch was female) was one of the Law Officers of the Crown. He represented the Crown in the ecclesiastical courts of the Church of England, where cases were argued not by barristers but by ad ...
*
Crown counsel Crown counsel are lawyers, generally in Common Law jurisdictions, who provide advice to the government and acts as prosecutors in cases. In various jurisdictions their title can vary and they could also be known as the Queen's Advocate, King's Advo ...


References

{{reflist Advocates Law Officers of the Crown in the United Kingdom Region-specific legal occupations