Fakhir vs. Attorney General – sllr 2021 volume 1 page 230

In Fakir v. Attorney General, the court considered whether judicial review may be exercised over the Attorney General’s prosecutorial discretion in filing an indictment, with particular attention to indictments predicated on a confession and the sufficiency of procedural safeguards surrounding that confession. It was determined that certiorari could not issue absent demonstration of manifest unreasonableness or bad faith in the exercise of prosecutorial discretion. The holding reaffirmed the principle that prosecutorial decisions are generally immune from ordinary judicial review except in cases of extreme procedural impropriety or mala fides, relying upon established legal authorities concerning the limits of judicial intervention in prosecutorial discretion. The impact of this case under

REF: sllr 2021 volume 1 page 230 Category: Tag:
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