McKenna v AG [1993] JRC 163 (22 November 1993)

McKenna v AG [1993] JRC 163 (22 November 1993)

The court held that the Attorney General's discretion to prosecute is absolute and not subject to judicial review unless exercised in bad faith.

Citation
[1993] JRC 163
Parties
Applicant: McKenna; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
22 November 1993
Procedural Posture
Application / Judgment
Outcome
application dismissed
Legal Topics
Prosecution, Powers of Attorney General
Criminal Law Prosecution Powers of Attorney General

Case Brief

Summary, issues, holding and outcome

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Parties

McKenna

Applicant

Attorney General

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 whether the Attorney General has discretion to prosecute or not
  2. 2 scope of prosecutorial discretion

Ratio Decidendi

The court held that the Attorney General's discretion to prosecute is absolute and not subject to judicial review unless exercised in bad faith.

Court Disposition

application dismissed

Orders

  • No order as to costs