The Spectator Dominic Grieve was made aware of the article, which concerned the current Stephen Lawrence murder trial, by the judge in the case, Mr Justice Treacy.
Treacy also instructed the jury in the case not to read the article.
A spokesman for Grieve's office said today: "After careful consideration of this serious matter the attorney general has concluded that the article may amount to a breach of a court order made under section 82 of the Criminal Justice Act 2003. A breach of such an order is a criminal offence under section 83 of that act.
"While a prosecution can be brought by the attorney general or with his consent, accepted practice is that such matters are more appropriately handled by the CPS and the police. In accordance with usual practice he has referred the matter to the DPP for consideration.
"It will be for the CPS to determine whether a criminal prosecution should be brought and that attorney has no role in its decision. His consent will have to be granted to a CPS decision to prosecute the matter, under s83 CJA 2003."
Gary Dobson, 36, and David Norris, 35, are currently on trial for the murder of Stephen Lawrence. Both deny the charge.
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