Crown Law Grade System

GRADE 1

(1)   Posts

  • Assistant Legal Officer

(2)   Scope of Work

  • Prepare Basic Briefs (Summary of Facts, proposed charges only) for Grade 2 to 5 cases
  • Prepare Summary of Facts for Grade 2 to 6 cases
  • Legal Research for Grade 2 to 6 cases
  • Provide Legal Opinions for Grade 2 to 6 cases
  • Deal with Less Complex Guardian Ad Litem matters
  • Complex translations for Grade 2 to 6 cases

(3)   Authority

  • Appear in Chambers for Guardian Ad Litem matters
  • Court Appearance only on strict instructions, with approval of Grade 5 or 6

GRADE 2

(1)   Post

  • Assistant Crown Counsels

(2)   Scope of Work

  • Criminal Trials:
    • Less Complex assault cases (GBH; Bodily Harm);
    • Less Complex sexual offenses (Indecent Assault)
    • Less Complex property offenses (Robbery, housebreaking, Theft, etc.);
    • Less Complex drug cases (Possession and Growing Illicit Drugs)
  • Brief Files for Grades 3 to 6 cases
  • Junior Counsel in Grades 3 to 6 cases
  • Provide Legal Opinions for Grades 5 and 6 work
  • Deal with Complex Guardian Ad Litem matters (divorces etc)

(3)   Authority

  • Recommend Plea Bargaining/ crown Offering No Evidence/ Adult Diversion on Grade 2 cases

GRADE 3

(1)   Post

  • Crown Counsels

(2)   Scope of Work

  • Criminal:
    • Complex assault cases (Manslaughter; Manslaughter by negligence etc);
    • Complex sexual offenses ( Ordinary Rape; Indecent Assault of women etc);
    • Complexproperty offences (Obtaining by False Pretenses; Large theft etc)
    • Complex drug cases (Possession, supplying light drugs etc)
    • Complex public policy cases (Fisheries undersized catch etc)
  • Civil
    • Complex claims against Police;
    • Complex tort cases;
  • Land:
    • Complex land disputes
  • Government Advice:
    • Complex legal advice
  • BriefFiles for Grades 4 and 5 cases
  • Junior Counsel in Grades 4 and 5 cases
  • Provide Legal Opinions for Grades 4 and 5 work
  • Deal with highly complex Guardian Ad Litem matters (divorces etc)

(3)   Authority

  • Recommend Plea Bargaining/ Crown Offering No Evidence/ Adult Diversion on Grade 3 cases and below
  • Jury Trials

GRADE 4

(1)   Posts

  • Assistant Senior Crown Counsels

(2)   Scope of Work

  • Criminal:
    • More Complex assault cases (Multiple Manslaughter, Multiple Manslaughter by negligence etc);
    • More Complex sexual offenses (Multiple Rape, Indecent Assault of children; Incest etc);
    • More Complex property cases (Robbery; Assault with intent to rob etc);
    • More Complex drug cases (Growing cannabis; making cannabis oil etc, Large Volume of Drugs etc);
    • More Complex fraud cases ( Counterfeit, Embezzlement, Falsification of Accounts etc);
    • More Complex public policy cases (Fisheries processing establishments)
  • Civil:
    • More Complex claims against Police;
    • More Complex torts cases
  • Land:
    • More Complex land disputes
  • Government Advice:
    • More Complex legal advice
  • Brief Files for Grades 5 and 6 cases
  • Junior Counsel in Grades 5 and 6 cases
  • Provide Legal Opinions for Grades 5, 6, and 7 work
  • Complex Mutual Assistance in Criminal matters
  • Complex Extraditions

(3)   Authority

  • Recommend plea Bargaining/Crown Offering No Evidence/ Adult Diversion on Grade 4 cases and below
  • Recommend Immunity from Prosecution
  • Recommend Mediation
  • Recommend Adult Diversion
  • Jury Trials
  • Court of Appeal
  • Sign Off Cabinet Submissions (with Grade 6 approval)

GRADE 5

(1)   Post

  • Senior Crown Counsel

(2)   Scope of Work

  • Criminal:
    • High Profile Criminal Cases
    • Very Complex High Crimes (Sedition etc);
    • Very Complex assault cases (Multiple Murders etc);
    • Very complex sexual cases (Serious Violent Rape, Carnal knowledge of child, Child abuse etc);
    • Very Complex property cases (Aggravated robbery causing major injury, money laundering etc);
    • Very Complex drug cases (hard drugs, large volume, international syndicates etc)
    • Very Complex public policy cases (fisheries foreign fishing vessels etc);
    • Very Complex criminal defamation (King, Ministers, Royal Family etc);
    • Very Complex Contempt of court cases ( Interfering Scandalizing etc)
  • Civil:
    • Very Complex constitutional cases;
    • Very Complex judicial review cases
    • Very Complex civil actions against Government
  • Land:
    • Very Complex land disputes relating to Hereditary Estates
  • Government Advice:
    • Very complex Constitutional advice
    • Very Complex statutory interpretation
  • Draft:
    • Amending Legislation; Regulations;
    • Notices, Appointments, Authorizations, Proclamations
    • Documents from the Throne/ Cabinet/ PM/ Ministers
    • Contracts
    • International Treaties
  • Legal Opinions for Grades 5 and 6 work
  • Appear as Amicus Curiae
  • Appear as intervener
  • Appear in Mediation
  • Very Complex Mutual Assistance in Criminal matters
  • Very complex Extraditions

(3)   Authority

  • Propose/ Endorse Crown Offering No Evidence Recommendation
  • Propose/ Endorse Immunity from Prosecution Recommendation
  • Propose/ Endorse Mediation Recommendation
  • Propose/ Endorse Adult Diversion Recommendation
  • Approve Plea Bargaining on Grade 2, 3, and 4 cases
  • Approve Indictments on Grades 2,3, and 4 cases
  • Approve Pleadings in Civil and Land Cases for Grade 4 cases
  • Jury Trials
  • Court of Appeal
  • Sign Off Cabinet Submissions (with consultation with Grade 6)

GRADE 6

(1)   Post

  • Solicitor General

(2)   Scope of Work

  • Criminal:
    • Highly Complex High Profile cases
    • Highly Complex High Crimes (Treason, Sedition);
    • Highly Complex assault cases (Serious Multiple Murders);
    • Highly Complex fraud cases (involving public figures, money laundering);
    • Highly Complex Contempt of Court cases (High Profile);
    • Highly Complex public policy cases
  • Civil:
    • Highly Complex Constitutional cases
    • Highly Complex Judicial Review cases
    • Highly Complex civil actions against Government
  • Land:
    • Highly Complex Land Disputes relating to Hereditary Estates
    • Highly Complex Land Disputes relating to the King’s land
  • Government Advice:
    • Highly Complex Advice involving Constitutional issues
    • Highly Complex Public Service Commission advice
    • Highly Complex legal advice
  • Draft:
    • Amending Legislation and Regulations
    • Notices, Appointments, Authorizations, Proclamations
    • Documents from the Throne/ Cabinet/ PM/ Ministers
    • Government Contracts
    • International Treaties
  • Legal opinions for Grade 7 work
  • Appear as Amicus Curiae
  • Appear as Intervener
  • Appear in Mediation
  • Public Relations
  • Deal with Diplomatic Corp
  • Highly Complex Mutual Assistance in Criminal matters
  • Highly Complex Extraditions

(3)   Authority

  • Recommend to Attorney General Crown Offering No Evidence
  • Recommend to Attorney General Immunity from Proscution
  • Recommend to Attorney General Mediation
  • Recommend to Attorney General Adult Diversion
  • Approve Indictments on Grades 2, 3, and 4 cases
  • Approve Pleadings in Civil and Land Cases for Grade 4 cases
  • Jury Trials
  • Court of Appeal
  • Sign off Cabinet Submissions
  • (Management and Administration of CLD)

GRADE 7

(1)   Post

  • Hon Attorney General

(2)   Scope of Work

  • First Law Officer of the Crown (Principal Prosecutor, Legal Advisor amd Legislative Drafter)
  • Public Relations on Legal Issues
  • Parliamentary Debates on Legal Issues
  • Supervise Crown Law criminal workload, civil litigation, land cases
  • Supervise Crown Law legislative drafting
  • Supervise Crown Law legal advice
  • Answer Parliamentary Questions
  • Direct Community Law Initiatives
  • Public Relations
  • Diplomatic Corp

(3)   Authority

  • Approve Crown Offering No Evidence
  • Approve Immunity from Prosecution
  • Approve Mediation/ Settlement
  • Approve Adult Diversion
  • Approve Payment of Civil and Land Judgements

Recent Acts

Revenue Services Administration Act 2021
Electronic Communication Abuse Offences Act 2020
2021/22 Appropriation Act 2021
International Arbitration Act 2020
Banking Act 2020
Legislative Assembly Retirement Benefits Scheme Act
Water Resources Act 2020
Food Act 2020
Foreign Investment Act 2020
Roads Act 2020

Recent Subordinate

Excise Tax (Amendment) (No.3) Order 2021
Excise Tax (Amendment) (No.2) Order 2021
Customs Duty (Amendment) Order 2021
Excise Tax (Amendment) Order 2021
Education (Teachers' Registration) Regulations 2021
Emergency Powers Regulations
Protection of Geographical Indications Regulations
Customs Duty (Amendment) (No.3) Order 2020
Customs (PACER Plus) Regulations 2020
Business Licences Regulations
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Recent Gazettes

Gazette Extraordinary No.232 [2021]
Gazette Supplement Extraordinary No.28 [2021]
Gazette Extraordinary No.227 [2021]
Gazette Extraordinary No.228 [2021]
Gazette Extraordinary No.229 [2021]
Gazette Supplement Extraordinary No.26 [2021]
Gazette Supplement Extraordinary No.25 [2021]
Gazette Extraordinary No.170 [2021]
Gazette Supplement Extraordinary No.22 [2021]
Gazette Supplement Extraordinary No.23 [2021]

Recent Bills

Food Bill 2020
Water Resources Bill 2020
Employment Relations Bill 2020
Foreign Investment Bill 2020
Computer Crimes Bill 2019
Copyright (Amendment) Bill 2019
Criminal Offences (Amendment) Bill 2019
Tonga Police (Amendment) Bill 2019
Interpretation (Amendment) Bill 2019
Act of Constitution of Tonga (Amendment) Bill 2019