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Petition of FP Frederiksen & ors

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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.


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