SEPTEMBER 22 — The Attorney General (AG) is vested with prosecutorial power by Article 145(3) of the Federal Constitution, which states that the AG “shall have power,...
SEPTEMBER 22 — The Attorney General is vested with prosecutorial power by Article 145 of the Federal Constitution, which states that the AG “shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.”
The Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions and proceedings under this Code. “[He] has very wide discretion under the Criminal Procedure Code and the Constitution. Before Merdeka Chapter XXXVII of the F.M.S. Criminal Procedure Code and the equivalent provisions of the S.S. Criminal Procedure Code set out his power. Today only the F.M.S. Code remains. Section 376 thereof provides generally that the Attorney-General in his capacity as Public Prosecutor shall have the control and direction of all criminal prosecutions and proceedings under the Code.
“The discretion vested in the Attorney General is unfettered and cannot be challenged and substituted by that of the courts.”
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