State Attorney

What a State Attorney does daily

• Criminal prosecution (Attorney General's Department core function) — conducting prosecutions before the High Court on behalf of the Attorney General; the Attorney General files the indictment against the accused; State Attorneys and Senior State Attorneys conduct the trial by examining prosecution witnesses, presenting documentary evidence, and making legal submissions; they must prove the accused guilty beyond reasonable doubt to the judge (and jury where applicable); at the conclusion of a successful prosecution, the State Attorney makes a victim-focused sentencing submission
• Legal advice to government ministries and departments — providing formal written legal opinions (Law Opinions) to government ministries, departments, commissions, and statutory bodies on questions of law arising in the exercise of their statutory functions; Law Opinions are authoritative statements of the applicable law and are relied upon by public officials to justify administrative decisions and actions
• Civil litigation on behalf of the State — representing the Government, government ministries, and state corporations in civil proceedings in all courts (District Courts; High Courts; Court of Appeal; Supreme Court); defending the State in fundamental rights applications; appearing in Court of Appeal writ applications challenging government administrative decisions; defending appeals against the State
• Cabinet paper legal clearance — reviewing draft Cabinet Papers and Memoranda for legal compliance before Cabinet consideration; identifying legal risks in proposed government policies and advising the responsible ministry on how to address them; ensuring that Cabinet decisions are legally grounded
• Bill drafting and legislative support — supporting the Parliamentary Counsel (Legal Draftsman's Department) in the drafting of legislation; providing legal analysis on proposed bills; advising on constitutional compatibility of proposed legislation
• International law and treaty work — advising the Ministry of Foreign Affairs on international treaty obligations; providing legal advice on extradition requests; preparing Sri Lanka's position in international arbitration proceedings; advising on mutual legal assistance treaties (MLATs)
• Fundamental rights application defence — appearing in the Supreme Court in fundamental rights applications filed by citizens against the State; the Supreme Court exercises original jurisdiction in fundamental rights matters under Article 17 and 126 of the Constitution; State Attorneys represent the State in responding to and defending these applications
• Election law — advising the Elections Commission on legal matters; appearing in election petitions before the Court of Appeal; providing legal support for the conduct of elections in compliance with the Election laws
• Human rights obligations and NHRC matters — liaising with the National Human Rights Commission (NHRC) on state compliance with human rights standards; advising government on Sri Lanka's obligations under international human rights treaties
• Supervisory role over criminal investigations — advising the Sri Lanka Police on whether sufficient evidence exists to justify prosecution; issuing No Information Orders (when insufficient evidence for prosecution); issuing indictment where prosecution is warranted; the Attorney General's Department exercises a supervisory role over the criminal investigation process to ensure that only properly supported prosecutions proceed to trial