- Author: Lee Chong Fook; Che Audah Hassan
- Publisher: LexisNexis Malaysia
- ISBN: 9789674000271
- Published In: January 2011
- Format: Paperback
As a follow-up to Part I Investigation and Pre-Trial Proceedings, this book proceeds to the next stage of the criminal justice system in Malaysia i.e, the process of trial, sentencing and appeals.
This book incorporates the amendments introduced by the latest Criminal Procedure Code Amendment Act 2010 with provisions relating to pre-trial conference, case management, plea bargaining; reinstatement of case after discharge, victim’s impact statement, alibi, proof by written statement and formal admission, disposal of seized articles and safe-keeping detained property, payment of costs and compensation by the accused.
The Criminal Procedure Code (ACT 593), which is the principal legislation governing the criminal process and the latest amendments by the Criminal Procedure Code (Amendment_ Act 2010 (Act A1378) received royal assent in June 2010.
The approach adopted is similar to Part I, where the authors have employed a narrative form to explain the law and principles, as determined by statute, modified by case law and their application in serving that component’s function and contribution to the overall effectiveness of the criminal justice system.
Unlike most publications on criminal procedure, this book goes beyond the norm of stating procedure and principles, citing legislation and case law. Not only will the authors enable the reader to appreciate the scope of powers, responsibilities and duties of those involved in the process of criminal justice, topics of greater interest are also examined, such as case management, admitting and appreciating evidence, passing sentence and appeals.
The author’s approach of dissecting the criminal justice system into fundamental components according to prosecutorial or judicial functions provides the reader sufficient familiarity with the processes of criminal justice. THe chapters explain the sequence of criminal justice procedures and how the provisions of the CPC facilitate this process. This approach would undoubtedly enhance the reader’s perception and understanding of the subject and provide an empirical perspective of the criminal justice system.
CHAPTER 1 Introduction
CHAPTER 2 Powers of Public Prosecutor
CHAPTER 3 Consent and Sanction to Prosecute
CHAPTER 4 Transfer and Transmission of Cases
CHAPTER 5 Trial Procedure
CHAPTER 6 Trial-Admitting and Appreciating Evidence
CHAPTER 7 Management of Trial Proceedings
CHAPTER 8 Impeachment
CHAPTER 9 Sentencing Principles
CHAPTER 10 Sentences
CHAPTER 11 Fixing and Passing Sentence
CHAPTER 12 Appeals
CHAPTER 13 Revision