Malaysian Anti-Corruption Commission Act 2009 · Updated to 20 May 2022 · Part VII · Prosecution and Trial of Offences
60. Trial by High Court on a certificate by the Public Prosecutor
Feedback & supportNotwithstanding the provision of section 417 of the
Criminal Procedure Code and subject to subsection (5), the Public
Prosecutor may in any particular case triable in the Sessions
Court for an offence under this Act, issue a certificate specifying the High Court in which the proceedings are to be instituted or transferred and requiring that the accused person be caused to appear or be produced before such High Court.
court
“court” means— (a) a High Court or a Judge of a High Court; or (b) a Sessions Court or a Magistrate’s Court or a Sessions Court Judge or a Magistrate, as the case may be;
The power of the Public Prosecutor under subsection (1)
shall be exercised by him personally.
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The certificate of the Public Prosecutor issued under subsection (1) shall be tendered to the Sessions Court whereupon the Sessions Court shall transfer the case to the High Court specified in the certificate and cause the accused person to appear or be brought before such Court as soon as may be practicable.
When the accused person appears or is brought before the
High Court in accordance with subsection (3), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX of the Criminal Procedure
Code.
This section shall apply to all cases before the Sessions
Court to try offences under this Act, whether the proceedings are instituted before or after the coming into operation of this
Act, provided that the accused person has not pleaded guilty and no evidence in respect of the case against him has begun to be adduced.