Meeting outcome from Selangor Bar Criminal Law Court Liaison Sub-Committee with the Managing Judge of the Selangor Criminal High Court on 05.10.2012

Dear Members of the KL Bar,

Below is the reproduction of a notification issued by the Selangor Bar Committee on 20.11.2012 for your information.

Please take note

Amrit Pal Singh
KL Bar Criminal Practice Committee

20th November, 2012

Dear Members of the Bar,

Criminal Law Update-Outcome of meeting with Managing Judge of Criminal High Court

The Selangor Bar Committee met with the Managing Judge for Selangor Criminal High Courts, Yang Arif Tan Sri Abdul Hamid Bin Embong, on 5th October 2012 to discuss issues and concerns regarding the conduct of criminal cases in the Shah Alam High Court. Also in attendance were Criminal High Court Judges, High Court Registrars, KUP Selangor and DPPs.

Pursuant to the said discussion, the following decisions were made, namely:

  1. (a) To address the delay in High Court criminal cases, it was agreed that case management of cases will be mentioned only once before the MJU, and thereafter the High Court Judge will manage the case.
  2. (b) In event of changes to case management dates, notice of such changes shall be given to lawyers at least 2 weeks before the new date.
  3. (c) Lawyers are now permitted to get assistance from Court appointed interpreters to interview foreign OKT clients in Court.

Other issues and concerns which were raised and discussed are as follows:

  1. If there are any reduced charge by AG’s chambers in criminal cases, lawyers to be notified in advance to enable lawyers to advise their clients.
  2. Reinstatement of trial after being discharged for a criminal matter under section 254A of the CPC. If an accused has been given a discharge by the court and he is subsequently recharged for the same offence, his trial shall be reinstated and be continued for Hearing by the same judge if the judge is still presiding at the same court, failing which a new judge will complete the matter.
  3. The MJU room be changed with the auction room as the auction centre is nearer to the lockup and more convenient for lawyers.
  4. There are no KPIs or directions for Judges to hurry a trial or to push for early Hearing dates.
  5. The Bar requested Chambers to make decisions earlier and also to get involved in the process of Plea Bargaining for Capital Punishment (even though it is not provided under S.172(c) CPC) by applying the guidelines under the Court of Appeal decision of Manimaran V PP.
  6. The Bar requested a senior DPP to be stationed at every district to enable Plea Bargaining to be effectively implemented at all courts.
  7. The Bar requested that lawyers must be given time to cross-examine their witnesses and not to be interrupted by judges. The Bar requested judges to be fair and patient in conducting a Trial.

Members should note the following requests made by the Criminal High Court Judges, namely:

  1. If lawyers are going to discharge themselves from any case, the lawyer should notify the courts 1 month in advance. This is to enable the court to assign another counsel soonest possible.
  2. Assigned lawyers are advised to submit their claim within 30 days, without further delay.
  3. AG’s Chambers to start pre-trial conference to enable issues to be resolved quicker. Court encourages Plea Bargaining among lawyers and DPP’s.

Thank you.

Dato’ Suraj Singh
Criminal Law Court Liaison Sub-Committee
Selangor Bar Committee