How does the new Bill aim to prevent political influence on prosecutors?

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The proposed Bill introduces measures to shield the Public Prosecutor from executive and political interference.

The revised Bill seeks to entirely isolate the top public prosecutor from executive and political influence. Key among these changes is the transfer of appointment power for future public prosecutors to the Yang di-Pertuan Agong, who will act solely on the advice of the Judicial and Legal Service Commission (SPKP), excluding the prime minister and Cabinet from the process. Furthermore, Parliament will gain the authority to vet candidates and provide input before appointments are finalised, and a formal Prosecutors’ Code of Ethics will be established.
Independent Appointment Process for Public Prosecutors

The proposed legislation shifts the authority for appointing future public prosecutors to the Yang di-Pertuan Agong. This decision-making process is designed to be strictly guided by the independent recommendations of the Judicial and Legal Service Commission (SPKP). Crucially, the prime minister and the Cabinet will be excluded from this appointment procedure, ensuring that the selection of prosecutors is insulated from direct executive or political intervention.
Parliamentary Oversight and Vetting

A significant element of the reform is the empowerment of Parliament to scrutinise and influence the appointment of public prosecutors. Under the revised Bill, Parliament will be able to vet potential candidates and offer direct input prior to the finalisation of any appointment. This parliamentary oversight mechanism is intended to add another layer of accountability and transparency, further mitigating the risk of undue political sway over prosecutorial roles.
Formalised Ethical Standards and Future Legislation

The reform package includes the introduction of a formal Prosecutors’ Code of Ethics. This code will establish clear ethical guidelines for individuals holding the position of public prosecutor. Additionally, the Bill grants Parliament explicit constitutional authority to enact further legislation in the future, providing a framework for ongoing strengthening and refinement of the institution over time.
Separation of Attorney General and Public Prosecutor Roles

These proposed changes are part of a wider legislative agenda aimed at formally separating the distinct functions of the Attorney General and the Public Prosecutor. While the Attorney General will continue to serve as the government's chief legal advisor, the Public Prosecutor will possess independent powers concerning criminal prosecutions. This separation is a foundational aspect of the reform, designed to enhance institutional independence and public trust in the justice system.

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How does the new Bill aim to prevent political influence on prosecutors?

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