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In
the present case the Attorney General was, in effect, acting as
agent for a foreign power to search and seize documents from premises
of private individuals, the individuals concerned having no recourse
or means ofcontesting the use of those powers. It seems to
me therefore that the character of the powers contained in section
24 of the Act and indeed in section 21 of the 1991 Act should properly
to a limited extent be subject to judicial review by means of a
Petition of Doleance.
I am fortified
in this view by the position in England, and I cite the case of
Smith ante in support of my opinion. In that case the applicant
had been charged on 30th April 1991 with a criminal offence of knowingly
being a party to the carrying on of the business of a company with
intent to defraud its creditors. He was cautioned after being charged
and elected to make no reply. On 29th April the Director of the
Serious Fraud Office decided pursuant to section 1(3) of the Criminal
Justice Act 1987 to issue a Notice pursuant to section 2(2) requiring
him to attend for interview. Before the interview took place the
applicant applied for judicial review inter alia (i) to quash the
section 2 Notice on the ground that the 1987 Act did not authorise
the Director to serve a section 2 notice on the applicant after
he had been charged (ii) to require the Director to caution the
applicant, as required by para 16.5 of the code of practice, that
he was not obliged to answer any questions concerning the matters
with which he had been charged, before acquiring him to comply with
the requirements of the section 2 Notice.
It is not
necessary for this Court to consider the facts or indeed the decision
in that case. The importance of the case in the present proceedings
is that in England the self same powers as are contained in section
24 of the Act of Tynwald are unquestionably subject to judicial
review. It is true that in England the power is exercisable by the
Director of the Serious Fraud Office "under the superintendence
of the Attorney General". The implication there is that even if
the powers had been vested in the Attorney General of England then
the exericse of those powers would have been subject to judicial
review. Parliament obviously recognised the extreme nature of the
investigative powers contained in the Act.
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