Shawcross principle


The Shawcross principle is an idea in the Westminster system of government whereby the Attorney-General is to be left to his own devices and judgments in regards of whether or not to establish criminal proceedings. It relates to political pressure and cabinet government.

History

What we know as the Shawcross principle was the subject of Parliamentary debate on 29 January 1951. In a lengthy defense of his conduct regarding an illegal strike, Attorney-General Shawcross cited hundreds of years of precedent as to the firm foundation of his actions.
The principle states that the Attorney General:
The 1964 Rivard affair in Canada caused the sitting Attorney-General, Guy Favreau, to resign because of his non-prosecution of senior officials in the Pearson government over their attempted bribery of American officials in Rivard's case.
The Shawcross principle was cited by Australian Attorney-General Bob Ellicott who cited attempts by his boss, Malcolm Fraser, to control his discretion.
In 2004 in the context of the Tony Blair's invasion of Iraq, a whistleblower by the name of Katharine Gun risked prosecution under the Official Secrets Act. Lawyers for Gun, who was formerly a GCHQ translator, asked for disclosure of advice on the legality of the Iraq war given by Attorney-General Lord Goldsmith in his role as the government's legal adviser. Goldsmith said that he had conducted what is known as a "Shawcross exercise". Goldsmith sent a "Shawcross letter" to the foreign secretary, Jack Straw, who was responsible for GCHQ, advising him that HMG should decline to pursue Gun.

Commentary