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Flashcards in Powers of PP Deck (3)
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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