1991-01-21 10:17 SECURITY BRANCH
852 868 5074 P. 13
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to his case or if it involves the breach by
the Crown of an agreement not to prosecute. The inroads which any
latter
General's
power may
make
exercise
on the
of the
Attorney
responsibility
must
be
acknowledged.
"
He continued (at pp. 32 - 33):
"In determining whether or not the law I confess,
should
loath
50
be extended
I am,
further
to
restrict
the
constitutionally exclusive responsibility of the Attorney General in this field since
the
in courts
the involvement by prosecution process is liable to compromise
to
t:o be perceived
any
and
compromise their impartiality. A passage from the speech of Lord Dilhorne in R v Humphryes (1977) AC 1 (at p. 26) seems in point:
'A judge must keep out of the arena, he should not have ΟΙ appear to have any responsibility for the institution
functions the of a prosecution, prosecutors and of judges must not be
blurred.
If
a
of
to
power judge has decline to hear a case because he does not think it should be brought then it may soon be thought that the cases he
has
proceed
are
cases
to allowed brought with his consent or approval.'
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