SEPTEMBER 16 — Project Stability and Accountability for Malaysia (Projek Sama) has urged the government to table a white paper on the separation of roles of the Attorney General (AG) and Public Prosecutor (PP) ahead of the tabling of the proposed legislation in Parliament.
In a statement issued on September 12, Projek Sama has also urged the government to emulate the United Kingdom (UK) in publishing a White Paper in 1983 entitled An Independent Prosecution Service for England and Wales. The UK White Paper proposed a national prosecution service accountable to the Director of Public Prosecution (DPP), a set-up that would be more consistent with the principles of independence and accountability.
The result was the Prosecution of Offences Act 1985, enacted to modernise and expand the prosecution system, building upon the framework established by the Prosecution Offences Act 1879.
While the 1985 Act does not repeal the 1879 Act, it does amend and expand upon the 1879 Act’s provisions, effectively creating a new, updated legislative framework for the prosecution of offences, establishing a Crown Prosecution Service (CPS) for England and Wales.
Prior to 1985, the Prosecution of Offences Act 1879 charged the UK AG not only with the superintendence of the DPP but also provided him with the power to direct the institution of proceedings in special cases. Under the 1985 Act, the AG continues to superintend the work of the DPP and the CPS. However, it is not for the AG to order the DPP to do or not do something and the AG has not done so.
The relationship between the AG on the one side and the DPP and the CPS on the other side is recognised in a protocol. The protocol makes clear that the AG is accountable to Parliament for the work of the DPP and the protocol expressly requires the AG to safeguard the independence of prosecutors in making prosecution decisions.
Further protection is provided by the Code for Crown Prosecutors (CCP). Under the law, the DPP is required to issue a CCP publicly. In addition to defending the CPS’s independence, the CCP is one of the ways in which the CPS provides greater consistency in prosecutorial decisions. By providing guidance to the CPS, the CCP also helps ensure that decisions nationally are fair, objective and independent – all of which represent a significant improvement on the position prior to 1985.
It started with a White Paper.
Accordingly, I support Projek Sama’s call for a White Paper on the separation of the AG and PP roles.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
