Attorney General’s Office

ATTORNEY GENERAL

The Attorney General is the Crown’s First Law Officer. The Attorney General is vested with wide common law powers that include: filing of ex efficio information of a nolle prosequi in certain criminal prosecutions, and maintaining relator actions in matters affecting the general public. These powers are exercised by the granting of the Attorney General’s fiat. As such, he decides whether or not and in what precise circumstances, he will issue his certificate.

 

SOLICITOR GENERAL

The Solicitor General is in turn the Crown’s Second Law Officer, and is in charge of the daily administration of the Department.

 

DIRECTOR OF PUBLIC PROSECUTIONS

The Director of Public Prosecutions is responsible for all criminal litigation and he also represents the Crown in all litigation matters including civil and land matters

 

CORE FUNCTIONS OF THE ATTORNEY GENERAL’S  OFFICE

The Department’s role is based upon the accepted traditional functions of Government Law Officers. Generally, these functions revolve around the following categories:

  • Providing legal advice to Government;
  • Representing the Crown in civil litigation;
  • Criminal Prosecutions;
  • Legislative Drafting;
  • Law Officer functions;
  • Implement Government’s Community Law Initiatives.

 

RELEVANT ACTS AND REGULATIONS

In conjunction with these common law powers, the Attorney General has certain statutory responsibilities. The instigation of criminal proceedings in an increasing number of offences is now contingent upon the Attorney General’s consent being first obtained. The Attorney General’s has statutory duties and powers under the following legislation:

 

  • Anti-Corruption Act
  • Consumer Protection Act
  • Charitable Trusts Act
  • Court of Appeal Act
  • Copra Act
  • Crown Proceeding Act
  • Commissioner for Public Relations Act
  • Defamation Act
  • Divorce Act
  • Electoral Act
  • Extradition Act
  • Foreign Evidence Act
  • Intoxicating Liquor Act
  • Immigration Act
  • Legitimacy Act
  • Law Practitioner Act
  • Money Laundering and proceeds of Crime Act
  • Maintenance of Illegitimate Children Act
  • Magistrate’s Court Act
  • Mutual Assistance in Criminal Matters Act
  • Supreme Court Act
  • Tonga Law Commission Act
  • Translation Crimes Act
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