The Role and Functions of the Attorney General

The Attorney General has a dual role. He is a Member of Government with two separate constitutional roles, a governmental role and a role as the guardian of the public interest. In his governmental role, he acts as a Member of Government in the performance of his duties and in his role as the guardian of the public interest he acts independently in a quasi-judicial capacity, representing the community at large.

In accordance with the provisions of the Constitution of the Republic of Trinidad and Tobago, the Attorney General is responsible for the administration of legal affairs in Trinidad and Tobago. Legal proceedings for and against the State must be taken (a) in the case of civil proceedings, in the name of the Attorney General and (b) in the case of criminal proceedings, the name of the State.

The Attorney General has responsibility for the Departments of Civil Law, Criminal Law, Legislative Drafting and General administration which are headed by the Solicitor General, the Director of Public Prosecutions, the Chief Parliamentary Counsel and the Permanent Secretary, who is the Accounting Officer of the Ministry of the Attorney General, respectively. The Civil Law Department includes the Chief State Solicitor Department, which is headed by the Chief State Solicitor. The Law Commission, a Statutory body having its genesis in two Acts of Parliament, is headed by a Chairman and a Board of Commissioners required by Statute to report of the Attorney General.

The Industrial court of Trinidad and Tobago and the Judiciary are not departments of the Ministry, but matters pertinent thereto are submitted to Cabinet in the name of the Attorney General.

The main objectives of the Ministry of the Attorney General are:

• To provide legal advice to Cabinet, to all Ministries, Statutory bodies and Departments of Government both on local and international matters.

• To arrange for legal officers or lawyers to prosecute in criminal matters on behalf of the state.

• To appear in civil matters for and on behalf of the State.

• To keep under review all the laws applicable to Trinidad and Tobago with a view to their systematic development and reform.

• To prepare legislation for Parliament in accordance with directives form the Cabinet.

• To prepare subsidiary legislation for Government Ministries and other Bodies.

• To approve legal documents on behalf of the State submitted by Ministries, Government Departments and Statutory Bodies.

General Administration

The Permanent Secretary heads the General Administration Department of the Ministry of the Attorney General and its responsible for the overall administrative functions of the Ministry. For the purpose of the Exchequer and Audit Act, the Permanent Secretary is designated the Accounting Officer.

The mission of this Department is "to provide the administrative infrastructure to facilitate the various Departments of the Ministry of the Attorney General to accomplish their goals efficiently and effectively."

This Department services all the other Departments of the Ministry by providing such co-ordinating services a Finance and Accounting, Registry, Records Management, Office Management, Library, Internal Audit, Human Resources and Personnel. Each of the functional units above are supervised by a day to day activities. Each unit of the General Administration Department is a separate section in itself.

General Administration

Solicitor General

The Civil Law Department is comprised of the Solicitor General's Department and the Chief State Solicitor's Department. The Solicitor General's Department performs a critical role in the administration of justice by advising the State on all aspects of civil law by representing the State in constitutional matters and other civil proceedings and by assisting in the formulation and execution of government policy within the limits of the Law.

The mission of the Department is "to provide the best legal advice possible to our clients, the Government and the people of Trinidad and Tobago in a prompt and professional manner."

The Specific objectives of the Department are:

• To advise all Ministries and Departments of Government on civil law matters.

• To represent the State in civil proceedings and arbitration matters.

• To advise on the legal aspects of Trinidad and Tobago's international relations including relations with international organizations.

• To participate in the negotiation of bilateral and multilateral treaties and agreements with other states and international organizations.

• To prepare briefs and opinions to enable the Attorney General to comment on matters referred to him by Cabinet, Cabinet committees and individual Ministers.

• To process applications for the appointment of Justices of the Peace, Commissioner of Affidavits.

• To process applications for special sessions in the granting of liquor licenses.

Solicitor General

Chief State Solicitor

The Department of the Chief State Solicitor falls under the purview of the Civil Law Department headed by the Solicitor General. The Chief State Solicitor also holds the offices of Administrator General and Public Trustee, Official Receiver and Custodial of Enemy property which fall under the ambit of the Ministry of Legal Affairs.

The mission of this Department is to assist the Solicitor General's Department with litigation in which the State is involved; to handle all the State's contracts and conveyancing; to act as the State's debt collector and to perform certain statutory functions assigned to the posts of Chief State Solicitor."

Objectives of this Department are:

• To act as instructing Attorneys in all proceedings in the High Court, Court of Appeal and appeals from the Tax Appeal Board.

• To appear in Court on behalf of the State in Chamber Court, Petty Civil Court, Masters Court and Registrar's Court.

• To pursue collection of all indebtedness owed to the State including litigating against persons who have defaulted in agreement made with the State.

• To enforce compliance with Court Orders in respect of civil matter.

• To handle and advise all contract and conveyancing in which the State is involved.

• To advise the State on all matters relating to the law of Landlord and Tenant.

• To provide advice to Ministries, Statutory Authorities on handling of Government Agreements.

Chief State Solicitor

Criminal Law

The Criminal Law Department is headed by the Director of Public Prosecutions (DPP) who has the power to initiate and undertake criminal proceedings against any person before any court in respect of any offense against the Laws of Trinidad and Tobago; to take over and continue any such criminal proceedings that may have been instituted by any other person of authority; to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. The DPP may grant a flat on application to prosecute by an Attorney-at-Law in private practice. The functions of the DPP are derived under Section 90 of the constitution of Trinidad and Tobago and may be exercised by him person or through persons acting under and in accordance with his general or specific instruction.

The mission of the Department is to serve the State by representing it in criminal matters before the courts in Trinidad and Tobago and where necessary abroad. Further, to provide advisory services on matters of a criminal nature to government departments and agencies."

The objectives of the Department are:

• To appear in all criminal matters at all levels, namely Magistrates' Court, High Court, Court of Appeal.

• To advise all Departments in criminal matters particularly Police, Customs, Immigration, Town and County, Price Control.

• To represent police officers on cross charges and also assist the police in prosecution where difficult points of law are involved in the Magistrates' Court.

The DPP Department has offices in both Port of Spain and San Fernando, additionally, officers travel to the Tobago Assizes to prosecute on behalf of the State.

Criminal Law (DPP)

Legislative Drafting

A critical role is played by the Legislative Drafting Department as it translates Government's policy into stature law thereby ensuring that such policy is legally enforceable. The Chief Parliamentary Counsel heads this Department. The mission of this department is to produce technically sound draft legislations efficiently and accurately as possible; to competently advise Ministers on the legal aspects of their Bills and to accomplish the foregoing in a framework of the excellent in inter-personal relationships among members of staff.

The objectives primary and secondary legislation as instructed by Cabinet or the Attorney General

• To draft primary and secondary legislations instructed by Cabinet or the Attorney General.

• To advise Ministers on the legal aspects of Bills in the Parliamentary stages.

• To advise the Attorney General on matters relating to legislation.

• To advise Parliament on matters relating to parliamentary procedure.

Legislative Drafting (CPC)

Law Commission

The Law Commission is a statutory authority, which is established by two Acts of Parliament, the Law Revision Act and the Law Commission Act. The Law Commission comprises of the Law Reform Commission and the Law Revision Commission.

The Law Reform Commission is a legal research facility responsible for promoting the reform of the Law of Trinidad and Tobago: whereas, the Law Revision Commission was established to update, publish and maintain a revised edition of the Laws of Trinidad and Tobago.

The mission of the Commission is 'to provide a dynamic service to the people of Trinidad and Tobago whereby the existing laws are revised and amended and new areas of the law which may require legislation are identified, anticipated, researched and reformulated to keep pace with the changing social realities.'

The function of the Law Commission is clearly defined in the Law Commission Act under Section 4 (1) 'it shall be the duty of the Commission to keep under review all the laws applicable to Trinidad and Tobago with a view to its systematic development and reform including in particular the modification of any branch of Law as far as practicable, the elimination of anomalies, the repeal of obsolete and unnecessary enactment, the reduction of the number of separate enactments and generally the simplification and modernization of the Law.'

At the head of the Law Commission is a Chairman and a body of Commissioners appointed by the President. A Law Revision Adviser, Computer Systems Manager, Legal Research Officers, Parliamentary Counsel, Specialist Legal Officer, Librarian, Administrative and Manipulative staff comprise the staff establishment of this organization. The Law Commission reports to the Attorney General.

Law Commission