"I wish to say a word or two about the position of the Attorney-General, because in my judgment it is of importance in this case, and his position appears likely to be lost sight of. Everybody knows that he is the head of the English Bar. We know that he has had from the earliest times to perform high judicial functions which are left to his discretion to decide. For example, where a man who is tried for his life and convicted alleges that there is error on the record, he cannot take advantage of that error unless he obtains the fiat of the Attorney-General, and no Court in the Kingdom has any controlling jurisdiction over him. That perhaps is the strongest case that can be put as to the position of the Attorney-General in exercising judicial functions. Another case in which the Attorney-General is preeminent is the power to enter a nolle prosequi in a criminal case.1 I do not say that when a case is before a Judge a prosecutor may not ask the Judge to allow the case to be withdrawn, and the Judge may do so if he is satisfied that there is no case; but the Attorney-General alone has power to enter a nolle prosequi, and that power is not subject to any control. Another case is that of a criminal information at the suit of the Attorney-General, a practice which has, I am sorry to say, fallen into disuse. The issue of such an information is entirely in the discretion of the Attorney-General, and no one can set such an information aside. There are other cases to which I could refer to be found in old and in recent statutes, but I have said enough to show the high judicial functions which the Attorney-General performs."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Original Language: English
Available Languages (1)
Sources
A. L. Smith, L.J., Reg. v. Comptroller-General of Patents (1899), L. R. Q. B. D.Vol. 1[1899], p. 913.
https://en.wikiquote.org/wiki/Attorney_general
Revision History
No revisions have been submitted for this quote.
Categories
Attorney general
8 quotes on TrueQuotesView all quotes by Attorney general →
Related Quotes
"Though the mere opinion of an Attorney- or Solicitor-General ought not to be cited, yet coupled with the fact, it may…"
"At common law, the Attorney-General is, when he is exercising his functions as an officer of the Crown, in no case th…"
"The regular way of pardons is by the Attorney-General and the Solicitor-General. &c. They are men of the law, and mig…"
"As Attorney General, one of my top priorities is protecting consumers from fraud and deception. When corporations do …"
"[The ministry said it is not allowed to] interfere in, or comment on, tribunal processes or decisions"
"I think that in the emergency situations like we have with potentially weapons of mass destruction, the agent in the …"
"Where the King has no share, and the King's Serjeant or Attorney-General prosecute not, and the King's name is not so…"
"Commoners shall have no council. If anybody is found participating in council, let his ears be cut off, and let the l…"
"Any poor woman Unable to litigate Or defend herself Shall choose an attorney Who shall speak on her behalf.The poores…"
"Articles like the ones just cited [Article 158] are also valuable sources on Serbian social history. However, they mu…"