In all of these cases there is precedent for the
proposition that the Attorney General will not be subject to review
by the High Court, and it is not necessary for me to refer to those
authorities. The real question is, whether, as Mr Morris submitted,
there is a "blanket prohibition" against the review of decisions
of the Attorney General or, as Mr Conti submitted, there are exceptions
to the general rule and if so whether section 24 of the Criminal
Justice Act 1990 of Tynwald should qualify as one of those exceptions.
Sections 24(1) (2) (3) (10)and (12) of the 1990 Act
read as follows:-
(1) "The powers of the Attorney General under this section shall
be exercisable in any case in which it appears to him:-
(a) on reasonable grounds that there is a suspected offence
involving serious or complex fraud, wherever committed; and
(b) that there is good reason to do so for the purpose of investigating
the affairs, or any aspect of the affairs, of any person
(2) The Attorney General may by notice in writing require the
person whose affairs are to be investigated ("the person under
investigation") or any other person whom he has reason to believe
has relevant information to attend before the Attorney General
at a specified time and place to answer questions or otherwise
furnish information with respect to any matter relevant to the
investigation.
(3) The Attorney General may by notice in writing require the
person under investigation or any other person to produce at a
specified time and place any specified documents which appear
to the Attorney General to relate to any matter relevant to the
investigation or any documents of a specified class which appear
to him so to relate; and -
(a) if any such documents are produced, the Attorney General
may -
(i) take copies or extracts from them;
(ii) require the person producing them to provide an explanation
of any of them;
(b) if any such documents are not produced, the Attorney General
may require the person who was required to produce them to state,
to the best of his knowledge and belief, where they are.
(10) The Attorney General may authorise any person to exercise
on his behalf all or any of the powers conferred by this section
but no such authority shall be granted except for the purpose
of investigating the affairs, or any aspect of the affairs, of
a person specified in the authority.