Legal Definitions - Master of the Crown Office

The Master of the Crown Office is a significant and senior official within the English legal system, specifically serving in the High Court of Justice. This individual is appointed by the Lord Chief Justice, who holds the highest judicial office in England and Wales.

Historically, the Master of the Crown Office held a more direct role in criminal proceedings, acting as the "Queen's Coroner and attorney." In this former capacity, they were responsible for prosecuting criminal cases on behalf of the Crown (the state). Today, while the historical connection to the Crown remains in the title, the Master's responsibilities have evolved. The role now primarily involves overseeing the administrative and procedural aspects of certain types of cases, particularly those falling under public law, such as judicial review applications. They ensure that legal processes are followed correctly within the Crown Office List, which handles these specialized matters.

Here are some examples illustrating the role of the Master of the Crown Office:

• Example 1: Judicial Review of a Planning Decision

  Imagine a local community group believes that a city council unlawfully granted planning permission for a large new development, arguing that the council failed to properly consider environmental impacts as required by law. The group decides to challenge this decision through a process called judicial review in the High Court.

  How it illustrates the term: When the community group's lawyers file their application for judicial review, the Master of the Crown Office would be responsible for overseeing the procedural aspects of this challenge. They would ensure that all necessary documents are filed correctly, that deadlines for submissions are met by both the community group and the city council, and that the case progresses according to the strict rules governing public law challenges. The Master doesn't decide whether the planning permission was lawful but ensures the legal challenge itself is administered properly.

• Example 2: Challenge to a Government Policy

  Consider an environmental charity that wants to challenge a new government policy on agricultural subsidies, believing it contravenes existing environmental protection legislation. The charity initiates a judicial review application against the relevant government department.

  How it illustrates the term: In this scenario, the Master of the Crown Office would play a crucial role in ensuring the application adheres to the precise procedural requirements for such high-profile public law cases. This includes verifying that the government department has been properly served with the legal documents, managing the timetable for the exchange of legal arguments and evidence, and generally overseeing the administrative flow of the legal challenge before it is presented to a judge for a substantive hearing.

• Example 3: Application for a Habeas Corpus Writ

  Suppose an individual is detained by immigration authorities, and their legal team believes the detention is unlawful and seeks their immediate release through an urgent application to the High Court for a writ of habeas corpus (a legal order requiring a person to be brought before a court or judge, especially to investigate the legality of their detention).

  How it illustrates the term: The Master of the Crown Office would be involved in ensuring that this urgent and critical application follows the correct procedural path. This includes facilitating the swift processing of the request, ensuring proper notification of all involved parties (including the immigration authorities), and generally overseeing the administrative steps to enable a judge to promptly consider the legality of the detention.