In The Queen, on the Prosecution of Tomlinson v. The Comptroller-General of Patents, Designs, and Trade Marks (1899) 1 Q.B., 909, A. L. Smith LJ: “Another case in which the Attorney-General is pre-eminent is the power to enter a nolle prosequi in a criminal case. I do not say that when a case is before a judge a prosecutor may not ask the judge to allow the case to be withdrawn, and the judge may do so if he is satisfied that there is no case; but the Attorney-General alone has power to enter a nolle prosequi, and that power is not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.” “It follows that his decisions (sic. Attorney-General’s), when exercising such functions, were not subject to review by the Queen’s Bench Division or this Court (sic. Court of Appeal)”
AG POWERS “NOLLE PROSEQUI” BELONG TO HIM ALONE – OTHERS CAN ONLY EXERCISE IF SPECIFICALLY DELEGATED
There can be no doubt that the powers given to the Attorney-General of a State under section 191 of the Constitution belong to him alone and not in common with the officers of the Ministry of Justice. Such Officers can only exercise the powers when they are specifically delegated to them by the Attorney-General. The...