Malaysia legislation

Section 172A

of *CRIMINAL PROCEDURE CODE

Section 172A

(2)

A pre-trial conference shall commence within thirty days from the date the accused was charged in court or any reasonable time before the commencement of the case management.

(3)

A pre-trial conference may be conducted by any means and at any venue as may be agreed upon by the advocate representing the accused and the prosecution.

Criminal Procedure Code 115

(4)

During the pre-trial conference, an advocate representing an accused may discuss with the prosecution the following matters relating to the case:

(a)

identifying the factual and legal issues;

(b)

narrowing the issues of contention;

(c)

clarifying each party’s position;

(d)

ensuring the compliance with section 51A;

(e)

discussing the nature of the case for the prosecution and defence, including any alibi defence that the accused may rely on;

(f)

discussing any plea bargaining, and reaching any possible agreement thereto; and

(g)

any other matters as may be agreed upon by the advocate representing the accused and the prosecution that may lead to the expeditious disposal of the case.

(5)

All matters agreed upon in the pre-trial conference by the advocate and the prosecution shall be reduced into writing and signed by the accused, the advocate and the prosecution.

Case management