Powers of PP Flashcards
Powers of PP
- source of power
- case law
Art 145: discretion to institute, conduct or discontinue any proceedings for an offence
CPC s376 AG shall be PP and have the control and direction of all criminal proceedings
Institute: [Johnson Tan] PP has power to prefer any of the charges - in this case: FIPA, FA, ISA
Conduct: [Jayaraman] PP has wide powers but cannot interfere with the court’s power/discretion e.g. the court’s power to decide the cases, to order separate/joint trials, or to amend charges
[Repco Holdings] legislations that give powers under Art 145 to persons other than the AG is unconstitutional - AG sole and exclusive authority to institute conduct and discontinue proceedings
Discontinue: [Koh Teck Chai] PP has power to discontinue proceedings and it is appropriate for the court to grant a DAA as it is not right to have a charge hanging over the D unless a very good ground is shown
s254 CPC: discontinue any stage before judgment - DNAA unless otherwise ordered
Other ppl has power of PP?
PP can give fiat to others to conduct proceedings - s377
Private persons - only re: private summons (non-seizable offences)
consent vs sanction of PP
consent applicable to cases concerning serious offences e.g. MACC, DDA, HC offences - no consent = illegality
consent involves deeper consideration [Abdul Hamid v PP]
presence of DPP implies consent since DPP is the alter ego of PP [Johnson Tan]
sanction - less serious cases - no sanction = curable by s422 if no miscarriage of justice
