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32-477: The Balochistan Bar Council consists of Chairman Executive Committee & Vice Chairman, both elected by Members of Balochistan Bar Council each year and these Members are elected by the advocates from different constituencies across the Balochistan Province. Members serve a term of five years, beginning on January 1, with elections held each November to fill seats of those whose terms will expire in

64-627: A submission to the commission set up to consider how the devolution settlement between Scotland and the United Kingdom could be improved, the judges recommended that the Lord Advocate should cease to be the head of the public prosecution system and should act only as the Scottish Government's chief legal adviser. They noted various ways in which the Lord Advocate's roles had caused problems for the judicial system, including

96-476: Is appointed by the monarch on the recommendation of the incumbent First Minister of Scotland , with the agreement of the Scottish Parliament . The office of Advocate to the monarch is an ancient one. The first recorded Lord Advocate was Sir John Ross of Montgreenan, who is formally mentioned in 1483. At that time the post-holder was generally referred to as the "King's Advocate" and not until

128-705: Is headed by the Lord Advocate and the Solicitor General for Scotland , and is the public prosecution service in Scotland. It also carries out functions which are broadly equivalent to the coroner in common law jurisdictions. Incorporated within the Crown Office is the Legal Secretariat to the Lord Advocate. The Crown Agent is the principal legal adviser to the Lord Advocate on prosecution matters. He or she also acts as Chief Executive for

160-755: Is no fixed term of office and no upper-age-limit mentioned for the Advocate general. In Pakistan an advocate general of the Province of the Punjab is a constitutional post and is an authority duly appointed under Article 140 of the Constitution of Islamic Republic of Pakistan. A person who is qualified to be appointed a Judge of the High Court is appointed the Advocate General for the province. He

192-626: Is not head of the Faculty of Advocates ; that position is held by the Dean of the Faculty of Advocates . Until devolution in 1999, all Lords Advocate were, by convention, members of either the House of Commons or the House of Lords to allow them to speak for the government. Those who were not already members of either house received a life peerage on appointment. Since devolution, the Lord Advocate and

224-552: Is the principal law officer of the Province. The Advocate General and his office defends and protects the interest of the Provincial government and gives invaluable legal guidance to the provincial government in formulation of its policy and execution of its decision. Advocate-General of the Punjab is also ex officio chairman of the Punjab Bar Council. The office of the Advocate General is directly connected with

256-475: Is well established in the French , Dutch , and some other continental European legal systems , where higher courts are assisted by these legal officers. They are not advocates representing clients in courts. They are not judges either, although they are full members of the courts. They mainly offer legal advice to judges on the cases being tried. They may also have a prosecution role, depending on countries and on

288-773: The Court of Cassation , the Court of Audit , the Courts of Appeal , and the Assize Courts . They have more of a prosecution role than before the French Revolution, especially in the Assize Courts, in which people accused of felonies are tried. The Court of Justice of the European Union (CJEU) consists of one judge from each member state, assisted by eleven advocates general whose role is to consider

320-561: The European Union and some continental European jurisdictions, the officer is a neutral legal advisor to the courts. In India , an advocate general is a legal advisor to a state government . The post is created by the Constitution of India and corresponds to that of Attorney General of India at the central-level. The Governor of each state shall appoint a person who is qualified to be appointed judges in high court . There

352-603: The High Court of Justiciary . At trials in the High Court in Edinburgh, they attend as instructing solicitor. They are assisted by other senior legal, managerial and administrative staff. The Crown Agent also holds the office of King's and Lord Treasurer's Remembrancer . In the Greshornish House Accord of 16 September 2008, Professors Hans Köchler and Robert Black said— It is inappropriate that

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384-674: The Lord Advocate ( Scottish Gaelic : Morair Tagraidh , is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolved powers of the Scottish Parliament . The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and advising on the legal implications of any proposals brought forward by

416-579: The Solicitor General for Scotland are permitted to attend and speak in the Scottish Parliament ex officio , even if they are not Members of the Scottish Parliament. From 1999 until 2007, the Lord Advocate attended the weekly Scottish Cabinet meetings. However, after the 2007 election , the new First Minister Alex Salmond decided that Lord Advocate would no longer attend the Scottish Cabinet, stating he wished to "de-politicise"

448-608: The Advocate General's opinion has been 'followed' in any given case, because the court may have reached the same conclusion via different legal reasoning. The role of Advocate General is created by Article 19(2) of the Treaty on European Union and Articles 253 and 254 of the Treaty on the Functioning of the European Union . When the Benelux Court of Justice answers requests for a preliminary ruling, it also first considers

480-620: The Bar Association who had come to mourn the death, and injured at least 50 people. This article about an organization in Pakistan is a stub . You can help Misplaced Pages by expanding it . Advocate General An advocate general of a state is a senior officer of the law. In some common law and hybrid jurisdictions the officer performs the function of a legal advisor to the government, analogous to attorneys general in other common law and hybrid jurisdictions. By contrast, in

512-652: The Chief Legal Adviser to the Government is also head of all criminal prosecutions. Whilst the Lord Advocate and Solicitor General continue as public prosecutors the principle of separation of powers seems compromised. The potential for a conflict of interest always exists. Resolution of these circumstances would entail an amendment of the provisions contained within the Scotland Act 1998. The judges of Scotland's highest court came to share this view. In

544-526: The High Court at Lahore with all rights, powers and privileges as hitherto enjoyed and possessed by it before the appointed day. The Governor-General of the Dominion of Pakistan became the substitute of the Crown in matters of appointment etc. of Judges of the Lahore High Court. The concept of "advocate general" fits less comfortably into a common law system than a civil law system; and England,

576-408: The High Court of the province. Pre-independence (1947) the High Court of judicature for the premises of Punjab and Delhi was established at Lahore and was called the High Court of Judicature at Lahore. After independence of Pakistan, the High Court at Lahore ceased to have jurisdiction over Delhi and the then East Punjab. On 14 August 1947 the High Court (Lahore) Order, 1947, preserved the continuance of

608-523: The Lord Advocate in that they are only charged with advising the UK Government on matters pertaining to Scots law , the Lord Advocate having retained his responsibility as the chief public prosecutor in Scotland and head of the Crown Office and Procurator Fiscal Service on his transfer to the Scottish Government. The position of Advocate General for Northern Ireland was created following

640-651: The Monarch. The Lord Advocate serves as the head of the systems of prosecutions in Scotland and is responsible for the investigation of all sudden, suspicious, accidental and unexplained deaths which occur within Scotland. The officeholder is one of the Great Officers of State of Scotland. The current Lord Advocate is Dorothy Bain KC , who was nominated by First Minister Nicola Sturgeon in June 2021. The Lord Advocate

672-508: The ability "to challenge... virtually any act of a prosecutor has led to a plethora of disputed issues, with consequential delays to the holding of trials and to the hearing and completion of appeals against conviction." The judges proposed three alternative solutions: stripping the Lord Advocate of responsibility for prosecutions, exempting the Lord Advocate from compliance with the European Convention on Human Rights , or changing

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704-930: The advice of an advocate general. The court has three, one from each participating country (Netherlands, Belgium, Luxembourg), taken from the procureurs-general of each country. Lord Advocate Charles III William , Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP His Majesty's Advocate , known as

736-603: The archetypal common law jurisdiction, has no such officer, nor is there any equivalent person to address and advise any court. However, England does have an Attorney General , who serves one of the Law Officers of the Crown and whose duty is to advise the Crown and Cabinet on the law. His deputy is the Solicitor General , who serves the same function. Historically, the United Kingdom Government

768-469: The department and as solicitor in all legal proceedings in which the Lord Advocate appears as representing his or her own department. They issue general instructions for the guidance of Crown counsel, procurators fiscal, sheriff clerks and other public officials; transmit instructions from Crown counsel to procurators fiscal about prosecutions; and in consultation with the Clerk of Justiciary, arrange sittings of

800-630: The devolution of policing and justice powers to the Northern Ireland Assembly on 12 April 2010. The Attorney General for Northern Ireland reports to the Northern Ireland Executive , and, accordingly, the Advocate General advises the UK Government on matters of Northern Ireland law. The post is held, ex officio , by the Attorney General for England and Wales . The position of advocate general

832-543: The following January. The Advocate General of Balochistan acts as ex officio Chairman of Balochistan Bar Council. On 8 August 2016, the President of the Bar Association, Bilal Anwar Kasi, was assassinated on his way to the courthouse in Quetta . After his body was brought to the city's Government Hospital, a suicide bomber attacked the hospital. The attack killed more than 90 people, who were mostly legal colleagues from

864-422: The government. The Lord Advocate is responsible for all legal advice which is given to the Scottish Government. The Lord Advocate serves as the ministerial head of the Crown Office and Procurator Fiscal Service , and as such, is the chief public prosecutor for Scotland with all prosecutions on indictment being conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of

896-556: The nature of cases (criminal or civil). The position of advocate general ( avocat général ) already existed in the French legal system before the French Revolution , when they were found in the then higher courts ( parlements , cours des aides , etc.) and proposed legal solutions to the judges in cases involving the state, the church, the general public, communities, or minors. Since the French Revolution, they are found in

928-542: The post. Appointments as Senators of the College of Justice were formerly made on the nomination of the Lord Advocate. Every Lord Advocate between 1842 and 1967 was later appointed to the bench, either on demitting office or at a later date. Many lord advocates in fact nominated themselves for appointment as Lord President of the Court of Session or as Lord Justice Clerk . The Crown Office and Procurator Fiscal Service

960-532: The written and oral submissions to the court in every case that raises a new point of law, and deliver an impartial opinion to the court on the legal solution. Although the Advocates General are full members of the court, they do not take part in the court 's deliberations, and the Advocate General's opinion is not binding on the court. Although the court reaches the same solution as the Advocate General more often than not, it cannot usually be stated that

992-615: The year 1573 was the term "Lord Advocate" first used. From 1707 to 1998, the Lord Advocate was the chief legal adviser of the British Government and the Crown on Scottish legal matters, both civil and criminal, until the Scotland Act 1998 devolved most domestic affairs to the Scottish Parliament. His Majesty's Government is now advised on Scots law by the Advocate General for Scotland . The Lord Advocate

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1024-577: Was advised on matters of Scots Law by the Lord Advocate but following the Scotland Act 1998 and the establishment of the Scottish Parliament the Lord Advocate became an adviser to, and a part of, the Scottish Government . It was necessary to create a post to advise the British Government in Westminster . Thus, the new post of Advocate General for Scotland was created. The advocate general's role differs from that formerly held by

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