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The Cayman Islands First Legislative Counsel is accountable to the Attorney General for providing an efficient legislative drafting service, including related legislative advice for the Islands. The First Legislative Counsel is supported by Senior Legislative Counsel and Legislative Counsel.
The Legislative Drafting Department is an integral part of the Portfolio. The role of the Legislative Drafting Department includes:
- General written memoranda of advice;
- Oral advice in meetings or telephone conferences in urgent cases;
- Drafting of contracts and legally important correspondence;
- Preparation of pre-hearing or pre-trial litigation documents; and,
- Advocacy before the Courts and Tribunals within the jurisdiction.
The Chambers seeks to provide continuity in the allocation of counsel to client ministries so that a body of case-specific experience can be built up and shared amongst attorneys within the Chambers, ensuring consistency of legal advice. The Solicitor General is also the Chief Officer of the Portfolio of Legal Affairs and is responsible for the operational management of the Portfolio. The Solicitor General acts for the Attorney General, in his absence, at Cabinet, the Legislative Assembly and is the guardian ad litem for persons under disability under the Grand Court Rules.
International Division
In 2004, the International Division was formally implemented with the advent of the Criminal Justice (International Cooperation) Law (2004 Revision) (CJICL). This new law enables mutual legal assistance to be provided at the investigative stage of a matter where the conduct would constitute an offence in the Cayman Islands. The Attorney General, as the Central Authority under the Law, may provide assistance to those countries that are party to the Vienna Convention as well as those countries that are listed in the Schedule to the Law. The nature of the assistance offered may include assistance in the form of restraint/confiscation and forfeiture applications as well as gathering of evidence and extradition. The Attorney General’s Chambers, under its international remit, also provides assistance in child abduction matters under the relevant Hague Convention.
With the creation of the Office of the Director of Public Prosecutions all matters which have a criminal component are referred to that office for processing.
Financial Management
The holder of the Office of Solicitor General is also the designated Chief Officer of the Legal Portfolio for the purposes of the Public Management and Finance Law (2003 Revision) and the fiscal performance of departments within the Portfolio.
Chief Financial Officer
The Chief Financial Officer is responsible for financial and budgetary management as well as the implementation of the financial management initiative, which involves output-based management and moving from a cash basis to accrual budgeting and reporting. The Chief Financial Officer reports to the Solicitor General.