Furthermore, section 30 of the LPA provides that unless an advocate and solicitoris
practising, he shall not apply for a practising certificate. Therefore, due to the fact that
a person is retired, logically, he would not own a certificate that is issued on a yearly
basis by the Registrar.
This is further strengthened in section 36 of the LPA which provides that no person
shall practise as an advocate and solicitor unless he has a valid practising certificate.
In the case of Badan Peguam Malaysia v Kerajaan Malaysia, the judge held that fr a
person to be entitled to practise as an advoacte and solicitor, he must have a valid
practising certificate before he can practise. Furthermore, in the case of Syed
Mubarak v Majlis Peguam Negara, wherethe appellant was a public acountant and at
the same time qualified to be a lawyer. Gopal Sri Ram JCA held that the object of the
parliaent is to maintain high standards in the profession.
ANSWER SHEET
Student ID
1161102265
Subject Code
UCP4612
Section / Group
L2
Lecturer Name
MR. Azizie
P
a
g
e
13 | 17
In the case of Mohd Najib Razak v PP, where the court acknowledged at para 44 that
Gopal Sri Ram, though retired from judicial service, at all times, had remained a
practising advocate and solicitor of the High Court.
In conclusion, the absence of a yearly renewed practising certificate which indicates
that a lawyer is still practising as per the laws under the LPA 1976 may be sufficient
to dismiss the appointment of Datuk Thaddeus as the DPP for the case.
QUESTION 3(c)
There are several material differences between summons and warrant under the
Crimnal Procedural Code. A
“
summons case
”
means a case relating to an offence and
not being a warrant case while a
“
warrant case
”
means a case relating to an offence
punishable with death or with imprisonment for a term exceeding six months. These
definitions when read together imply that when the offence is punishable with
imprisonment for a term up to six months with a fine only, that offence relates to a
summons case. Relevant provisions in lieu of warrants are sections 38 to 43 of the
CPC.
These are some differences between summons and warrant. A summons is addressed
to the person summoned, signifying that it is less serious in nature. A warrant is
addressed to the police officer. A warrant case is more serious in nature. Furthermore,
summons cases relate to offences punishable with less than six months imprisonment,
while in a warrnatcase, it relates to offences punishable with imprisonment exceeding
six months and th death sentence. For summons, a formal charge need not be framed,
while the framing of a charge for a warrant case is highly important. Finally, in a
summons case, the complainant can withdraw the case with the permission of the
ANSWER SHEET
Student ID
1161102265
Subject Code
UCP4612
Section / Group
L2
Lecturer Name
MR. Azizie
P
a
g
e
14 | 17
court. In warrant cases, such a withdrawal is not allowed except in the case of
compoundable offences.
ANSWER SHEET
Student ID
1161102265
Subject Code
UCP4612
Section / Group
L2
Lecturer Name
MR. Azizie
P
a
g
e
15 | 17
