Attorney General of Malaysia
The Attorney General of Malaysia (Malay: Peguam Negara also referred to as the AG) is the principal legal adviser of Malaysia. The Attorney General is also the highest ranking public prosecutor in the country and is also known as the Public Prosecutor, or simply PP. The powers with regard to prosecution is contained in Article 145(3) of the Federal Constitution. For instance, exercisable at his discretion, the Attorney General may institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.
| Attorney General of Malaysia | |
|---|---|
| Peguam Negara Malaysia | |
| Attorney General's Chambers | |
| Style | The Honourable (Malay: Yang Berbahagia) |
| Reports to | Prime Minister |
| Seat | Putrajaya |
| Appointer | Yang di-Pertuan Agong on the recommendation of the Prime Minister of Malaysia |
| Term length | No fixed term |
| Constituting instrument | Article 145 of the Federal Constitution |
| Formation | 1946 |
| First holder | Kenneth O'Connor (as Attorney General of the Malayan Union) |
| Deputy | Solicitor General of Malaysia Solicitor General II of Malaysia Solicitor General III of Malaysia |
| Website | agc |
Unlike a number of other Commonwealth common law jurisdictions, the head of the prosecuting authority in Malaysia is simply known as the Public Prosecutor, or PP, instead of the Director of Public Prosecutions, or DPP. In Malaysia, a prosecuting officer is known as a Deputy Public Prosecutor, also known as DPP, and it should not be confused with the previous meaning.
The AG is also the head of the Attorney General's Chambers. There are separate chambers for the state of Sabah and Sarawak which deals with civil law matters affecting the respective state government. Criminal prosecution duties in Sabah and Sarawak are handled by the Malaysian AG. The other states in Peninsular Malaysia do not have separate chambers.
The AG has often been accused of being partial towards the executive or offering too much deference towards the executive. The 8th AG, Tommy Thomas, is the first non-Malay and non-Muslim Attorney General to hold office since the formation of Malaysia in 1963. Pakatan Harapan leader Anwar Ibrahim clarified that his appointment will not adversely affect the status of Islam in the country. Thomas resigned on 28 February 2020.