Clause 33 - Discontinuance of proceedings before court appearance
Justice (Northern Ireland) Bill
4:30 pm
Mr Edward Garnier (Harborough, Conservative)
In order fully to understand my hon. Friend's proposal, can we assume that, under amendment No. 177, the reasons given by the director for discontinuing and the director's judgment are matters that can be tested in court?
New clause 2(2) states:
''The Attorney-General shall, if requested . . . provide a copy of those reasons to that person unless to do so would be against the interests of justice or the public interest.''
Can we also assume that the Attorney-General—or someone, at least—would have to set out why to continue a prosecution would be against the interests of justice or the public interest, which would also be justiciable?