Report from the Selangor Bar Criminal Law Court Liaison Sub-committee

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 Pengarah Mahkamah Selangor and the Heads of Prosecution for Selangor and Kuala Lumpur dated 30.07.2012 for your information.

Kindly take note.

Amrit Pal Singh
KL Bar Criminal Practice Committee

30th July, 2012

Dear Members Of The Bar,

Criminal Law Practice Update: Report on Meeting Between Pengarah Mahkamah Selangor And The Heads Of Prosecution For Selangor And Kuala Lumpur.

At a meeting held on 23rd May 2012 at the Shah Alam Court Complex, which was attended by the Pengarah Mahkamah Selangor, both Heads of Prosecution for Selangor and Kuala Lumpur, respective Heads of each district Court, Mr. Rajpal Singh from the Bar Council Criminal Law Committee and myself, the following issues were discussed and subsequently confirmed or decided, namely:

  1. The AG’s office in Kuala Lumpur has taken over the prosecution of cases in Ampang, Selayang and Petaling Jaya.
  2. Therefore all representations for these three courts must be addressed to the AG’s office in Kuala Lumpur. Representations for the other courts in Selangor will continue to be forwarded to the AG’s office in Shah Alam.
  3. For commercial crime cases under section 420 of the Penal Code, in event the value of the subject matter is RM250,000.00 or below, then the accused will be charged at the Magistrates Courts. In event the value is higher than RM250,000.00, then the accused will be charged at the Sessions Courts.
  4. For drug trafficking cases under section 39B of the Dangerous Drugs Act, when a person is charged at the Magistrates Courts, the Magistrate shall give a mention date for the case within 1 to 1 ½ months within a 6 month period and thereafter to transmit the matter to the High Court immediately.
  5. For commercial crime matters which originated from Petaling Jaya and Subang Jaya which has not taken, been fixed for hearing shall be transferred back to the Petaling Jaya Criminal Courts for the Trial. This due to the work load and sudden increase of cases at Shah Alam Commercial Criminal Courts.

Further, the following issues were also raised for the relevant parties to address, namely:

  1. Courts to give two weeks advanced notice on adjournment of cases where Judge/Magistrate is going on leave or attending ‘kursus’.
  2. Ex DPPs who are now lawyers should not be using their influence to access Investigation Papers

We shall keep members informed of any future developments. Members having difficulties or problems regarding the above issues or on any other issue are requested to contact the Committee accordingly.

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