Justice Audit Malaysia

Source Documents

Desk Research Prosecution.pdf

IP Case Management (2011)

The disposal rate of IPs by the Prosecution appears high across the country with all but three states disposing of nearly 100% of all cases.

Most prosecutions are under the Dangerous Drugs Act (DDA). Observations from justice professionals concluded that these offences are ‘easier’ to prove and the high number of guilty pleas entered are due to the chemist’s reports that accompany the IP (establishing the presence of a prohibited substance in urine and/or confirming that the substance found on the person on arrest is prohibited).
 
What is not known is how many cases should be entering into the system but are not (because of the way they are categorized at the entry point – as summarized above) and so be able to project. It is also unclear how many might enter in the future (as laws are amended and oversight mechanisms improved).

Nor is it known what effect the provision of defence lawyers will have on the current caseload – i.e. to convert the number of pleas of guilty (‘PGs’) into full trials or hearings.