Attorney general: role and powers
The Attorney General of Malaysia (AG) is the principal legal adviser to the Government of Malaysia. Section 376(1) of the Criminal Procedure Code provides that the Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecution and pro...
| Main Authors: | , |
|---|---|
| Format: | Book Chapter |
| Language: | English |
| Published: |
The Malaysian Current Law Journal Sdn Bhd
2014
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/40394/ http://irep.iium.edu.my/40394/1/40394.pdf |
| Summary: | The Attorney General of Malaysia (AG) is the
principal legal adviser to the Government of
Malaysia. Section 376(1) of the Criminal Procedure
Code provides that the Attorney General shall be
the Public Prosecutor and shall have the control
and direction of all criminal prosecution and
proceeding under the code. The powers with regards
to prosecution are contained in art. 145(3) of the
Federal Constitution. The Attorney General can
be regarded as the chief law officer of the Executive
Council. The responsibilities stemming from this
role are unlike those of any other Cabinet member.
The role has been referred to as ‘judicial-like’ and
as the ‘guardian of the public interest’. There are
various components of the Attorney General’s role.
The Attorney General has unique responsibilities
to the State, the courts, the legislature as well as
towards the executive branch of government.
While there are different emphases and nuances
attached to these there is a general theme
throughout all the various aspects of the Attorney
General’s responsibilities that the office has a constitutional and traditional responsibility
beyond that of a political minister. The role and
functions of the AG including the various
divisions or departments under the AG’s chambers
are discussed in this chapter. |
|---|