Crown advocate is a title used in Britain and some former British colonies for a government prosecutor. In former British Colonies and certain British

extraterritorial In international law, extraterritoriality or exterritoriality 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 jurisdict ...

courts the title is (or was) used by the senior government advocate.

Great Britain

In the United Kingdom, there are three levels of crown advocate as well as senior and principal crown advocates 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 ...

(CPS). Level One crown advocates conduct the prosecution of non-jury work, usually in the

Magistrates' Court A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...

. As well as all non-jury work, level 2 crown advocates conduct

jury trials A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used i ...

in the

Crown Court The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is ...

, ranging from straightforward, very short trials to those of medium length and complexity towards the top end of level 2. Level Three crown advocates conduct jury trials in the more serious and complex cases. Senior crown advocates conduct jury trials in very serious, sensitive and complex cases, including

rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...

, substantial historic child abuse,

homicide Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidenta ...

cases and cases involving issues of

national security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...

. Principal crown advocates conduct advocacy in the CPS' complex cases across areas and casework divisions and perform at a standard expected of a

King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

British Supreme Court for China and Japan

The position of Crown Advocate was created in the

British Supreme Court for China and Japan The British Supreme Court for China (originally the British Supreme Court for China and Japan) was a court established in the Shanghai International Settlement to try cases against British subjects in China, Japan and Korea under the principles o ...

in 1878 and existed until 1943 when the court was abolished. The first holder of the position was Nicholas John Hannen. 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 * United ...

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 (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

. 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 in 1986.

References

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