Cap. 12 чл. 469BJudicialreviewofa decision of the Attorney General.

(1) Where the Attorney General takes a decision:

(a) not to prosecute in accordance with the powers conferred upon him by any law; or

(b) not to allow the inspection or the issuing of copies of a or of any depositions or documents filed procès-verbal therewith in terms of the proviso to article 518 of the

Criminal Code, the courts of justice of civil jurisdiction, giving due account to the constitutional independence of the Attorney General, may enquire into the validity of the said decision and declare such decision null, invalid or without effect and consequently send back the matter to the Attorney General for review in accordance with the judgment of the court only in the case of a finding that the decision is not properly directed on legal considerations or is unreasonable in that it is not open to a reasonable prosecutor.

(2) An action for judicial review of a decision of the Attorney General as provided in paragraph (a) of sub-article (1) may be filed only by the injured party and an action in terms of paragraph (b) of sub-article (1) shall be filed by the claimant within two months from when the injured party or the claimant becomes aware or could have become aware of the decision, whichever is the earlier:

Provided that where the law provides for a procedure whereby the Attorney General may be requested to conduct an internal review of the decision, the said period of two months shall commence to run as from the date when the injured party is informed of the results of the said review:

Provided further that for the purposes of this article, the Auditor General, the Commissioner for Standards in Public Life, the Permanent Commission Against Corruption and the Ombudsman shall be entitled to make any claim and to exercise any action which according to this article pertains to the injured party when they shall have reported any corrupt practice as defined in the Permanent

Commission Against Corruption Act to the Attorney General.

(3) Judicial review cannot be made where an agreement has been reached with the competent authorities of another country that the courts of that country shall exercise jurisdiction over the crime.