No time frame to implement separation of attorney general, public prosecutor

24 Oct 2018 / 18:10 H.

KUALA LUMPUR: A comprehensive study is being carried out to look into the separation of powers between the Attorney-General's Chambers and the office of the Public Prosecutor in line with the government's desire to separate the roles of the two bodies.
Deputy Minister in the Prime Minister's Department Hanipa Maidin said there is no time frame set to implement the matter.
He said Article 145 of the Federal Constitution would have to be amended if the matter was to be implemented apart from other related legislations on the powers of the Public Prosecutor and the Attorney General provided under Act 593 and Act 388 which would have to be reviewed.
He was replying to a oral question by Datuk Seri Azalina Othman Said (BN-Pengerang) at Dewan Rakyat today.
Commenting further, Hanipa said other matters which required studying including the need to create special posts for the Public Prosecutor and whether deputy public prosecutors would be placed under a separate scheme different from the scheme of legal officers to support the Public Prosecutor.
He said the position on whether the Public Prosecutor would become the head of the service for deputy public prosecutors should also be studied as the Attorney General is the head of service for all legal officers.
"If the answers to the issues on service are positive, an option should be given to all legal officers as the matter involved changes in service conditions and expectations of legal officers currently appointed under the Judicial and Legal Service," he said.
Hanipa said based on Article 145 of the Federal Constitution and Section 376 of the Criminal Procedure Code (Act 593), the Attorney General's roles is not only as the Public Prosecutor, but also as the legal adviser to the Yang di-Pertuan Agong or cabinet or any ministers on legal matters and implementation of other legal duties. — Bernama

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