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If that is right then clearly, if
at all possible, persons subjected to the Attorney General's similar
functions in the Island, a fortiori in the instant case where premises
were entered and searched and documents seized, should have some
recourse, in the absence of an appeal procedure, to have the exercise
of such powers examined by the Court to ensure that there has been
no irregularity or non compliance with the strict terms of the Section.
A Petition of Doleance is not in the nature of an appeal on the
merits. It is a remedy for irregularities in procedure or mishandling
of statutory powers. It is therefore only fair to warn the Petitioners
in this case that whilst this Court will not bar them from approaching
the seat of justice in order to correct and if necessary to quash
the acts of the Attorney General in relation to his powers under
Section 24 of the Act, this Court will not act as an appellate authority
but will act as a supervisory tribunal to ensure that the Attorney
General complied strictly with the provisions of the statute and
that he exercised his powers and functions properly and regularly.
The result is that on the first preliminary
point raised by the Attorney General this Court declares that in
relation to Section 24 of the Criminal Justice Act 1990 this Court
does have power to the extent indicated in this Judgment only, to
hear and determine a Petition of Doleance over the exercise of the
Attorney General's discretion relating to his decision and the Notices
he issued under Section 24 of the Act.
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