(1)The Attorney-General shall be2021is2021 the Public Prosecutor and shall have2021has2021 the control and direction of criminal prosecutions and proceedings under this Code or any other written law.
Section history
Section 11 — Public Prosecutor
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Subsection (2) — Original text to 1 January 2015superseded
(2)The Solicitor-General shall have all the powers of a Deputy Public Prosecutor and shall act as Public Prosecutor when the Attorney-General is absent or unable to act.
Subsection (2) — From 1 January 2015 (current)rewritten by Statutes (Miscellaneous Amendments — Deputy Attorney-General) Act 2014, Supreme Court of Judicature (Amendment) Act 2014
(2)The Deputy Attorney-General assigned by the Attorney-General to have control and direction of criminal prosecutions and proceedings under this Code or any other written law shall have2021has2021 all the powers of the Public Prosecutor, and any reference in this Code or any other written law to the Public Prosecutor shall,2021Prosecutor,2021 unless the context otherwise requires, include2021includes2021 a reference to this Deputy Attorney-General.
(3)Subject to this section, the Public Prosecutor may appoint the Solicitor-General, 2015any officer or other person to act as a Deputy Public Prosecutor or an Assistant Public Prosecutor in carrying out any of the duties of the Public Prosecutor under this Code or under any other written law, and may assign any of those duties to a Deputy Public Prosecutor or an Assistant Public Prosecutor.
(4)The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors —
(a)to give any consent, fiat, order, authorisation, permission, instruction or direction; or
(b)to make any application or requisition,
on behalf of the Public Prosecutor that is required by this Code or any other written law for —
(i)the trial of an offence before any court, tribunal or authority;
(ii)the forfeiture, confiscation, destruction or disposal of property; or
(iii)the exercise by any police officer of the powers of investigation under this Code,
(c)the trial of an offence before any court, tribunal or authority;
(d)the forfeiture, confiscation, destruction or disposal of property; or
(e)the exercise by any police officer of the powers of investigation under this Code,
as the case may be.
(5)The Public Prosecutor, the Deputy Attorney-General 2015referred to2015·2021mentioned2021 in subsection (2), 2015the Solicitor-General2021Solicitor‑General2021 or a Deputy Public Prosecutor may authorise any person, on such terms and conditions as he or she2021 thinks fit, to act for the Public Prosecutor in the conduct of a case or prosecution in court or in any part of such conduct.
(6)Any proceeding before the General Division of the 2021High Court must be conducted by the Public Prosecutor, the Deputy Attorney-General 2015referred to2015·2021mentioned2021 in subsection (2), 2015the Solicitor-General,2021Solicitor‑General,2021 a Deputy Public Prosecutor, an Assistant Public Prosecutor, or a person authorised under subsection (5) who is an advocate.
(7)No person shall2021may2021 appear on behalf of the Public Prosecutor in any criminal appeal, or any case stated or criminal reference under Division 2 of Part XX,202120,2021 other than the Deputy Attorney-General 2015referred to2015·2021mentioned2021 in subsection (2), 2015the Solicitor-General,2021Solicitor‑General,2021 a Deputy Public Prosecutor, or a person authorised under subsection (5) who is an advocate.
(8)Subject to subsections (9) and (10), any proceeding relating to a criminal matter before a Subordinate2014State2014 Court must be conducted only by the Public Prosecutor, the Deputy Attorney-General 2015referred to2015·2021mentioned2021 in subsection (2), 2015the Solicitor-General,2021Solicitor‑General,2021 a Deputy Public Prosecutor, an Assistant Public Prosecutor, or any other person authorised under subsection (5).
(9)An officer of a public body, or an advocate acting on behalf of that public body, may with the authorisation of the Public Prosecutor, conduct any prosecution in summary cases before a Magistrate’s Court.
(10)A private person may appear in person or by an advocate to prosecute in summary cases before a Magistrate’s Court for any offence for which the maximum term of imprisonment provided by law does not exceed 3 years or which is punishable with a fine only2018a fine-only offence2018.