13 Legal Service (The Attorney General's Chambers) Flashcards
Attorney General
- The AGC is the office of the Attorney General of Malaysia.
- The Attorney General is a civil servant appointed by the YDPA on the advice of the PM (Article 145 of the Federal Constitution).
- A person to be appointed to the position must have the qualification of a judge of the FC.
Duties of Attorney General (5)
According to Article 145, their duties are:
➢Legal adviser to YDPA
➢Legal adviser to Cabinet
➢Legal adviser to Minister
➢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.
➢Is also the Public Prosecutor of Malaysia (s376 of the Criminal Procedure Code)
AGC
- Since 1980, the Attorney General’s Chambers (AGC) has been placed under the PM’s Department.
- Personnel assisting the Attorney General are appointed by the Judicial and Legal Service Commission (JLSC).
- Since AGC personnel and Subordinate Courts personnel are in similar services, they can be transferred between each other.
- Examples of AGC personnel include Deputy Public Prosecutors, Federal Counsels, Senior Federal Counsels, and State Legal Advisors.
Divisions in AGC (9)
- Prosecution
- Appellate and Trial
- Civil
- Advisory
- Drafting
- Law Revision and Law Reform
- International Affairs
- Syariah & Harmonisation of Law
- Research
Solicitor General
- Regarded as the deputy to Attorney General
- To assist AG and may perform any duties and exercise any powers of the AG as provided under s40A of the 11th schedule to the FC
- For example, s376(2) of the Criminal Procedure Code states that SG shall have all powers of a DPP and shall act as Public Prosecutor in case of absence and inability to act of the AG.
- Currently, there are two SG (SG and SG II) in the AGC
Prosecution Division (4 roles)
- Main function is to exercise the powers of the AG as the Public Prosecutor in accordance with s376 of the Criminal Procedure Code.
- Legal officers under this division are called Deputy Prosecutors
Among the roles played by DPP are:
- Conduct criminal trials in Subordinate and High Courts
- Conduct appeals and applications in CA and FC
- Provide advice and instructions to all enforcement agencies regarding investigations and criminal prosecutions (PDRM, MACC, Customs, Immigration)
- Examine investigation papers and decide whether to institute prosecutions or otherwise
Appellate and Trial Division
- Main function is to conduct trials and appeals of all public interest, high profile, complex and sensitive cases and all other matters assigned by the Head of Department
- Provide legal advice to law enforcement agencies on all aspects to ensure adequate preparation of cases for trial and appeals
- The legal officers under this division are designated as DPP
Civil Division (3 main function)
The main functions of this division include:
- Represent the Government of Malaysia in all civil proceedings.
- Represent the AG in matters of public interest.
- Represent the AG in petitions for admissions as advocates and solicitors under the Legal Profession Act 1976.
- Legal officers under this division are called Senior Federal Counsel or
Federal Counsel.
Advisory Division (1 main role)
- Main role is to provide legal advice to the government and its agencies on all areas of law, except international and Islamic laws.
- Legal officers in this division are called Senior Federal Counsel or Federal Counsel.
- These legal officers are often assigned to various ministries or government agencies to offer legal guidance.
Drafting Division (3 main function)
The main functions of this division include:
- Provide legal advice on the proposed principal legislation, subsidiary legislation and amending legislation.
- Prepare principal legislation, subsidiary legislation and amending legislation for publication in the e-Federal Gazette and the Government Gazette.
- Prepare bills in the national language and English language to be tabled in Parliament.
- The Head of Division is called Parliamentary Draftsman.
- Legal officers under this division are called Senior Assistant Parliamentary Draftsman or Assistant Parliamentary Draftsman
Law Revision and Law Reform Division (6 main function)
The main functions of this division are:
- Reprint laws.
- Revise laws.
- Extend Federal laws to Sabah, Sarawak, and the Federal Territories.
- Translate pre-1967 English laws into the national language.
- Review outdated and obsolete laws.
- Modernizing laws to align with society’s evolving needs.
- The Head of Division is called Commissioner of Law Revision and Law
Reform - Legal officers under this division are called Senior Federal Counsel or
Federal Counsel.
International Affairs Division (2 main function)
The main functions of this division are:
- Provide legal advice to the Malaysian government on international matters.
- Drafting, review and comment on international instruments and documents such as Treaty, Memorandum of Understanding, Declaration, Special Rapporteur and Joint Communique.
- Often collaborates closely with the Ministry of Foreign Affairs.
- Legal officers in this division are known as Senior Federal Counsel or Federal Counsel.
Syariah & Harmonisation of Law Division (4 main function)
The main functions of this division include:
- Provide legal advice, legal opinions, second legal opinions, feedback, comments and inputs on Syariah-related issues.
- Review and study any issues relating to hukum Syarak and Syariah laws in relation to bills of Parliament and subsidiary legislation.
- Conduct legal research and make appropriate proposals to standardize and coordinate Syariah laws across states.
- Represent Ministries, Departments and agencies in civil cases before the Syariah courts.
- Legal officers in this division are called Senior Syarie Federal Counsel, Senior Federal Counsel, Syarie Federal Counsel, or Federal Counsel
Research Division (3 main function)
The main functions of this division include:
- Provide accurate legal opinions on matters related to provisions of the Federal and State Constitutions.
- Provide sound legal opinions on all legal matters handled by AGC, including those pending at the Superior courts.
- Provide advice and opinions on matters relating to elections.
- Legal officers under this division are called Senior Federal Counsel or
Federal counsel.
