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ATTORNEY GENERALS

What are the roles and functions of the Attorney General?

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The Attorney General of Trinidad and Tobago has a dual role. He is a member of the 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, in the name of the State. 

The Attorney General has responsibility for the following departments:

 Wholly Owned Enterprises

 Appointment to Quasi Judicial Bodies

 Law Reform

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Office of the Solicitor General

 Civil Litigation

 Legal Advice to the Government

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Office of Chief State Solicitor

 Administrator General

 Provisional Liquidator

 Provisional Receiver

 Public Trustee/Official Receiver

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Office of Chief Parliamentary Counsel

 Legislative Drafting

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Statutory Boards and other Bodies

 Corruption Investigation Bureau

 Anti-Corruption Squad

 Council of Legal Education

 Environmental Commission

 Equal Opportunity Commission

 Equal Opportunity Tribunal

 Hugh Wooding Law School

 Industrial Court

 Law Reform Commission

 Tax Appeal Board

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After gaining Independence in 1962, the Constitution of Trinidad and Tobago assigned to the Attorney General the powers now exercised by the Director of Public Prosecutions i.e. the institution and undertaking of criminal proceedings.

 

Upon attaining Republican status in 1976, the Constitution declared the Attorney General a Minister and assigned him/her responsibility for the administration of legal affairs in Trinidad and Tobago. Legal proceedings for and against the State must be taken, in the case of civil proceedings, in his/her name and in the case of criminal proceedings in the name of the State. 

There have been changes in the structure of the Office of the Attorney General after 1976. From 1979 to 1990, the Office of the Attorney General functioned under the umbrella of the Ministry of the Attorney General and Legal Affairs, where both an Attorney General and Minister of Legal Affairs operated conjointly. In 1997, the ministry portfolios were split into two, where they functioned as separate entities and in 1999 subsequently re-joined but were separated again three years later in 2002.  On September 7, 2015 the Government of the Republic of Trinidad and Tobago merged the Ministry of the Attorney General and the Ministry of Legal Affairs to once more operate as the Ministry of the Attorney General and Legal Affairs.

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