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Government has not removed or restricted prosecutorial discretion for Section 377A, Public Prosecutor retains full prosecutorial discretion

2 October 2018

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Former Attorneys-General, Professor Walter Woon and Mr V K Rajah, have recently suggested that it is not desirable for the Government and Parliament to direct the Public Prosecutor (PP) not to prosecute offences under section 377A of the Penal Code, or to create the perception that they are doing so. Such comments may give rise to the inaccurate impression that the exercise of the PP’s discretion has been removed or restricted in respect of section 377A.
 
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