The Attorney General has exclusive discretion to discontinue criminal proceedings, including appeals against acquittal, and such decisions are not subject to judicial review.

Introduction

[1] Briefly, the background facts leading to the present appeal are as follows.

[2] The Respondent was charged with an offence under s 411 of the Penal Code before the Magistrate Court.

[3] On 1 February 2021, the Respondent was acquitted and discharged at the end of the defence case. The prosecution filed an appeal against the said decision to the High Court on 8 February 2021.

[4] On 12 October 2021, when the appeal was set for hearing at the High Court, the prosecution did not file any written submission. The High Court fixed another date for the hearing. A day later, i.e., on 13 October 2021, the prosecution filed a notice of withdrawal of appeal.

[5] Subsequently, on 1 November 2021, the Respondent filed a notice of application to continue with the hearing of the appeal. On 28 February 2022, the High Court allowed the Respondent's application.

[6] Aggrieved with the said decision, the prosecution filed this appeal before us.

Issues

[7] Based on the appeal records and the submissions by both parties, we are of the view that the core issues to be determined in the present appeal are as follows:

a. whether in criminal appeals, the Attorney General ("AG") cum the Public Prosecutor ("PP") may discontinue the appeal that was filed against the accused's acquittal; and

b. whether in criminal appeals, the learned High Court Judge ("HCJ") may decide to continue with the hearing of the appeal even though the AG/PP had decided to discontinue the appeal proceeding.

Our Analysis And Findings

[8] With regard to the first issue, the learned Deputy Public Prosecutors ("DPP") for the Appellant began their submission by directing our attention to the powers of the AG/PP in the Federal Constitution (" FC ") and the Criminal Procedure Code ("CPC").

[9] Firstly, art 145(3) of the FC states that:

"The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah Court, a native Court or a Court-martial."

[Emphasis Added]

[10] Next, s 376(1) of the CPC stipulates that:

"The Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions and proceedings under this Code."

[Emphasis Added]

[11] In summary, it is clear under the law that the AG/PP has the power, control and direction of all criminal prosecutions and proceedings under the CPC, which is exercisable at his discretion. This would include, among others, the power to discontinue any proceedings for an offence.

[12] For completeness, these powers are also exercisable by a DPP appointed by the AG/PP. Section 376(3) of the CPC provides that:

"The Public Prosecutor may appoint fit and proper persons to be Deputy Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and may exercise all or any of the rights and powers vested in or exercisable by the Public Prosecutor by or under this Code or any other written law except any rights or powers expressed to be exercisable by the Public Prosecutor personally and he may designate any of such Deputy Public Prosecutors as Senior Deputy Public Prosecutors."

[Emphasis Added]

[13] We agree with the learned DPP that the p