Report from the Selangor Bar Criminal Law Court Liaison Sub-committee on its meeting with the Head of Prosecution for Selangor on 23.10.2012
Dear Members of the KL Bar,
Below is the reproduction of the report received from the Selangor Bar Criminal Law Court Liaison Sub-committee of its meeting with the Head of Prosecution for Selangor dated 10.12.2012 for your information
Please take note.
Amrit Pal Singh
KL Bar Criminal Practice Committee
10th December, 2012
To All Members of the Bar,
Criminal Law Update-Outcome of Meeting with KUP (Selangor)
On 23rd October 2012, the Criminal Law Court Liaison sub-committee had a meeting with the Head of Prosecution (Ketua Unit Pendakwaan) for Selangor. Several senior DPPs attended the meeting. The meeting was held at the Selangor Bar Committee conference room at Shah Alam. Various issues and concerns regarding conduct of criminal cases were raised and discussed. Some of these issues are as follows:-
- We requested AG’s Chambers to forward to Selangor Bar the list of criminal cases (especially for High Court 39B Dangerous Drugs Act) wherein reduction from drug trafficking to drug possession was offered to enable us to upload on our website and also to inform the lawyers concern of the latest update. Chambers is considering our request.
- We also raised several complaints from members, that there are delays during case management at the High Court because the Investigation Papers were not complete. There were cases of delay involving 1 1/2 years due to the fact that documents were still not ready. There were also complaints of delay with regard to obtaining the chemist report. Delay was also caused by the Police because some of the Investigating Officers have been transferred and there were no replacements. It was agreed that a meeting be held urgently soon between the Police, the Judiciary, AG’s Chambers, Chemist Department and Selangor Bar to resolve this problem. (We have in fact written to the Managing Judge of Shah Alam for the said meeting.)
- It was agreed that Case management will be done before the High Court Judges from November onwards.
- It was agreed that reinstatement of cases after a DNAA (Discharge Not Amounting To An Acquittal) should be continued for Hearing before the same judge (if the same judge is still presiding at the same district).
- We requested Chambers to consider not appealing on sentencing where ‘Binding Over’ given involving first offenders or young offenders for minor offences.
- We requested Chambers to practise plea bargaining for sentencing to reduce appeals. The KUP agreed to request for further directions on this from Putrajaya.
- We reminded Chambers that it is the duty of the DPP’s to inform the OKTs who are unrepresented to obtain YBGK assistance.
- We requested a combined KUP meeting between Selangor and Kuala Lumpur to streamline the problems faced by lawyers in Klang Valley.
- We requested DPP’s to start pre-trial conference to enable issues to be resolved quicker.
- The Bar requested a senior DPP to be stationed at every district for purposes of making immediate decisions on Plea Bargaining.
- The procedural issue and process of witness impact statements was discussed at length in which the Chambers are currently following the guidelines in regards to the latest amendments.
- Issue of representation was also discussed. The KUP commented that some lawyers upon their representation being allowed by Chambers, suddenly do not accept the offer for a reduced charge as the accused has suddenly changed his/her mind, which results in a lot of time being wasted for all parties concerned. KUP requested lawyers to obtain their client’s instruction first before writing in for representation.
- For High Court Appeal cases, we informed the KUP that the submission from AG’s Chambers should be served to lawyers before the Hearing date and not on the Hearing date itself, as currently some lawyers are not being served with the submission except on the Hearing Date.
Dato’ Suraj Singh
Criminal Law Court Liaison Sub-committee
Selangor Bar Committee