§ Mr. CashTo ask the Solicitor-General if she will make a statement on the exercise of the Attorney-General's power to enter a nolle prosequi in the light of Rv. Allen (1862 1B&S)850. [159188]
§ The Solicitor-GeneralThe Attorney-General has power to enter a nolle prosequi which stays criminal proceedings in the Crown court. The case of Allen (1862) 1 B&S sets out that although he should generally hear the parties before entering the nolle he is the judge of whether the nolle should be entered or not and he has no obligation to hear the parties before so doing.
A nolle prosequi acts as a stay upon the proceedings. It puts an end to a prosecution but does not operate as a bar or discharge or acquittal on the merits. Dicta from Crompton J. in the case of Allen suggests that a nolle prosequi puts an end to a prosecution but this issue has never been fully litigated.
Applications to the Attorney-General asking him to direct a nolle prosequi most usually come from the defendant rather than the prosecutor as the prosecutor has a substantial range of powers to end a prosecution.
The most common use of the Attorney-General's power to direct a nolle prosequi is in cases when the defendant cannot attend court for plea or to attend trial because of physical or mental incapacity, which is expected to be permanent.
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