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Government reveals Attorney General reform package

Author: Charlotte Edmond

Published: 25/03/2008 17:27

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The Attorney General will retain the power to intervene in cases before the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO) on national security grounds following a package of reforms aimed at bringing greater transparency and accountability to the key Whitehall role.

Following the conclusion of a four-month consultation, the Government today (25 March) published a white paper setting out measures aimed at bringing the 500-year-old post up to date.

The reforms will see the Government’s chief legal adviser – a post currently held by Baroness Scotland – cease to have power over individual cases before the CPS, SFO or the Revenue & Customs Prosecution Office unless they are determined to affect national security.

Calls to separate the legal and ministerial functions of the role have been rejected, meanwhile, with magic circle law firm Clifford Chance among those to have backed the introduction of an independent legal officer to safeguard the public interest.

Baroness Scotland will instead be required to clarify how her role interacts with prosecuting authorities, outlining the circumstances in which she is to be consulted. She will also be required to produce an annual report on her work. Meanwhile, the Government will consider the creation of a new select committee to scrutinise the work of the Attorney General.

The review, which comes as part of a white paper and draft bill into the wider governance of Britain announced by justice secretary Jack Straw, followed fierce criticism of former Attorney General Lord Goldsmith – now at Debevoise & Plimpton – over his involvement in the ‘cash for honours’ enquiry.

Baroness Scotland commented: “The reforms I am outlining today have addressed those areas where there is potential for conflict, whilst at the same time enhancing the administration of justice, the maintenance of the rule of law and the protection of the public interest.

“I am grateful to all those who contributed to the consultation. On the whole, most felt the role and the functions of the Attorney General worked well.”

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