MyGovt Reform Tracker

Separation of AG & PP

In Malaysia, the roles of the Attorney General (AG) and Public Prosecutor (PP) are one and the same. While the AG acts as a legal advisor to the government, the PP requires impartiality in performing their role in prosecution. This may cause conflicts in the exercise of justice, especially where government interests do not coincide with public interest. 

For this separation to occur, legal amendments must be made to redefine the roles of the AG and PP. The changes would be for Article 145(3) of the Federal Constitution, Section 376(1) of the Criminal Procedure Code, and the definition of ‘Public Prosecutor’ under the Interpretations Act 1948 and 1967. To achieve this, pressure must be placed on our parliamentarians to pass these amendments.