MALAYSIAN COURT SYSTEM

Ibtisam Ilyana Ilias

Faculty of Law
UiTM
 Federal Court

Court of Appeal

High Court of High Court of

Malaya Sabah & Sarawak

Session Court

Magistrate Court

Penghulu Court
 MAGISTRATE’S COURT
 COMPOSITION
 Magistrate sitting alone

 2 classes of Magistrates:-
1) First Class
 Legally qualified person, appointed by the YDPA or State
Authority on recommendation of the Chief Judge.
 Drawn from Judicial and Legal Services
2) Second Class
 Usually an administrative officer who performs magisterial
functions.
 Usually public servants and court officials
 Appointed by YDPA or State Authority
 MAGISTRATE’S COURT
 JURISDICTION
 Can hear civil and criminal matters arising within the
local limit.

First Class First Class

(Criminal matters) (Civil matters)
• Try offences for which max • The value of the subject-
term of imprisonment does matter does not exceed
not exceed 10 years/which RM25000
are punishable with fine
only
• Eg. S.392 Penal Code-
robbery
 MAGISTRATE’S COURT
 SENTENCING POWER
 May pass any sentence allowed by law, not exceeding:-

1. 5 years imprisonment
2. Fine of RM10,000
3. Whipping up to 12 strokes
4. Any combination of the above

Also hears appeal from Penghulu‟s court.

 MAGISTRATE’S COURT

Second Class Second Class

(Criminal matters)
• Try offences which
• 1)max penalty does not
exceed12 months
imprisonment
• 2)Punishable with fine only
(Civil matters)
• Plaintiff seeks to recover
debt or liquidated damages
not exceeding RM3000.

• Eg. Minor traffic offences,

e.g. summons
 MAGISTRATE’S COURT
 SENTENCING POWER
 May pass any sentence not exceeding

1. 6 months imprisonment
2. A fine of RM1000
3. Any combination of the above
 SESSIONS COURT
 COMPOSITION
 Session Court judge sitting alone

 Appointed by YDPA on recommendation of the Chief

Judge

 JURISDICTION
 Hear and determines civil and criminal matters arising
within its local limit/jurisdiction
 SESSIONS COURT
Criminal matters Civil matters

• Try all offences other than • Unlimited jurisdiction to try

those punishable by death all actions of civil nature in
respect of motor vehicle
accidents, landlord & tenants,
distress (seizure of goods as
security for performance of
obligation, e.g in cases of
non-payment of rent)
• No jurisdiction to try cases
e.g. injunctions and specific
performance.
• Jurisdiction to try all other
actions where value in dispute
does not exceed
RM250,000.00
 SESSIONS COURT
 SENTENCING POWER
 May pass any sentence allowed by law other than death
penalty
 HIGH COURT
 Since August 1965, 2 High Courts-in Malaya and in
Sabah and Sarawak
 Court of co-ordinate jurisdiction and status

 Provided in Art 121 FC

 HC in KL is divided into various divisions-Commercial,

Criminal, Civil, Appellate and Special Power but not in
other towns.
 HIGH COURT
 COMPOSITION
1. Each court consist of a Chief Judge (One for HC of
Malaya and another for HC of Sabah and Sarawak)
2. High Court Judges
3. Judicial Commissioner
 Appointed by YDPA on the recommendation of the Chief
Justice (Art 122AB FC)
 Usually the judge will sit alone when hearing cases.
 Exceptions:
1) Compulsory acquisition of land (1 judge and 2 assessors)
2) Kidnapping Act 1961 offences: 1 HC judge & 2 assessors
(e.g. Welfare Officers)
 HIGH COURT

APPELLATE

REVISIONARY
ORIGINAL &
SUPERVISORY

JURISDICTION
 HIGH COURT

 ORIGINAL JURISDICTION
 Unlimited jurisdiction in both civil and criminal matters.
 HIGH COURT
 ORIGINAL CRIMINAL JURISDICTION

 General rule, HC has jurisdiction over people (citizen/non-

citizen) and offences committed within its territory.
 Exception to the general rule; s.22(1)(a) 1964 provides that
HC has jurisdiction to try over people and offences
committed outside Malaysia (extra-territorial jurisdiction):-
 HIGH COURT

ORIGINAL CRIMINAL JURISDICTION

• Unlimited jurisdiction, will try cases

outside jurisdiction of Subordinate Courts.
• E.g. drug trafficking under DDA 1952 and
murder under Penal Code
 HIGH COURT
 ORIGINAL CIVIL JURISDICTION

 HC has jurisdiction to try all civil matters regardless of

value where :-
1. The cause of action arose
2. The defendant or one of the several defendants resides
or has his place of business
3. The facts on which the proceedings are based exist or
are alleged to have occurred and
4. Any land, the ownership of which is disputed, is
situated within the local jurisdiction
 HIGH COURT

ORIGINAL CIVIL JURISDICTION

• Unlimited jurisdiction to try all actions of
civil nature (USUALLY outside the
jurisdiction of subordinate court)
• Specific jurisdiction in the following
matters; inter alia divorce and matrimonial
cases, bankruptcy and companies, admiralty
matters and so on.(S.24 CJA 1964)
 HIGH COURT
 APPELLATE JURISDICTION

 HC hears appeal from subordinate courts in both civil

and criminal matters.
 It also hears appeals from quasi-judicial bodies if
authorized by laws.
 HIGH COURT

APPELLATE CRIMINAL JURISDICTION

• Hear appeals from both Sessions and

Magistrates‟ courts
• No appeal if punishment of fine of RM25
or less
 HIGH COURT

APPELLATE CIVIL JURISDICTION

• Hear appeals from both Sessions and Magistrates‟

courts
• No appeal to HC if the amount in dispute /value of the
subject matter is less than RM 10,000-00 EXCEPT on
question of law UNLESS the proceedings relate to
maintenance of wife / children.
 HIGH COURT

 SUPERVISORY AND REVISIONARY

JURISDICTION

 Power to revise decisions of Subordinate Courts and to

supervise them.
 i.e. power to check that rules of procedures were
followed when the lower court decided a particular cases.
So HC may examine records or proceedings in the lower
court.
 COURT OF APPEAL

 Created by Constitution (Amendment) Act 1994 to act as

additional appeal court.
 Stated in Art 121(1B) FC

 COMPOSITION
 Chairman :President of Court of Appeal and other CA
judges
 Quorum:3/greater uneven number

 Proceedings decided according to majority opinion.

 COURT OF APPEAL

 JURISDICTION

 No original jurisdiction
 Hears appeal from HC, civil and criminal
 COURT OF APPEAL

 CRIMINAL APPEAL
 S. 50 CJA 1964- appeal from HC on question of fact or
question of law or mixed question of fact and law.

 CIVIL APPEAL
 To hear and determine appeal from HC decision

 But no appeal to CA when:-

1. the amount of dispute is less than RM250000, except

with CA‟s leave or
2. Where order/judgment is made with the parties‟ consent
or
3. Where judgment of HC is expressed in written law as
final
 COURT OF APPEAL

 CRIMINAL APPEAL
 S. 50 CJA 1964- appeal from HC on question of fact or
question of law or mixed question of fact and law.

 CIVIL APPEAL
 To hear and determine appeal from HC decision

 But no appeal to CA when:-

1. the amount of dispute is less than RM250000, except

with CA‟s leave or
2. Where order/judgment is made with the parties‟ consent
or
3. Where judgment of HC is expressed in written law as
final
 FEDERAL COURT

 The highest and final court of appeal in Malaysia

 Stated in Art 121 (2) FC

 COMPOSITION –ART 122

 Headed by Chief Justice of the Federal Court

 Other members : President of CA, Chief Judges of High

Court, other FC judges (7)
 Quorom : 3/greater uneven number

 Usually presided by the Chief Justice. In his absence,the

most senior member shall preside.
 Proceedings decided according to majority
opinion/decision.
 FEDERAL COURT

 JURISDICTION
 Has original, appellate, referral and advisory jurisdiction
 FEDERAL COURT

 ORIGINAL JURISDICTION- ART 128 (2)

 FCrt has jurisdiction to determine the question whether a
law made by Parliament or the State Legislature is
invalid on the basis that the Legislature has no power to
make laws
 Will hear disputes between States and between State and
the Federation.
 Dewan Undangan Negeri Kelantan v Nordin bin Salleh
[1992] 2 SCR 453
 The Supreme Court was asked to consider the validity of
a provision in the Kelantan State Constitution . It was
alleged that the provision was unconstitutional since it
contravened the Federal Constitution.
 FEDERAL COURT

 APPELLATE JURISDICTION- ART 128 (2)

 CRIMINAL APPEAL FROM CA

 Court of Judicature Act 1964, s.87 jurisdiction to hear and determine
appeal from CA‟s decision regarding any criminal matter decided by
HC in its original jurisdiction.

 POWERS OF FC
 May affirm, reverse or vary decision
 May order retrial
 May remit matter to trial court with FCrt‟s opinion
 May make other such order as may seem just
 May exercise any power which trial court may have exercised
 May dismiss appeal if considers that no substantial miscarriage of
justice has occurred
 FEDERAL COURT

 CIVIL APPEAL FROM CA

 The amount in dispute is RM250,000/more

 Where claim involves property or some civil rights of the
same value/amount
 FEDERAL COURT

 REFERRAL JURISDICTION

 FCrt has jurisdiction to determine constitutional questions

referred to it by the High Court
 Where in any proceedings, a question arises as to the effect
if any provision of the Constitution, then the HC may stay
the proceedings and wait the decision of the FCrt
 Once Fcrt had decided on the matter, the case will be
remitted to the original court. Then HC will continue and
decide the case.
 DYTM Tengku Idris Shah Ibni Sultan Salahuddin Abdul
Aziz Shah v Dikim Holding Sdn Bhd [2002] 2 MLJ 11
 FEDERAL COURT

 ADVISORY JURISDICTION

 Special advisory jurisdiction on the interpretation of the

Constitution
 Art 130:the YDPA may refer to the FCrt for its opinion
any question as to the effect of any provision of the
Constitution
 The FCrt then will state its opinion on the matter

 Very rare
 FEDERAL COURT

 Government of Malaysia v Government of State of

Kelantan [1968] 1 MLJ 129
Whether certain mining and forest concession
agreements entered into between the Kelantan State Govt
and a private company contravened the FC. The Federal
Govt argued that it amounted to “borrowing” which is
not allowed under the FC. FCrt was asked to determine
whether it constituted borrowing and ruled that it did not.
 COURT OF SPECIAL JURISDICTION:
SPECIAL COURT (SC)

 CONSTITUTION
 Established in 1993 under Part XV of FC.

 Art 182 provides for a court comprising the Chief Justice of

the Federal Court (the Chairman), the Chief Judge of the
High Courts and two other persons who hold or have held
office of the Federal Court or a High Court appointed by
the Conference of Rulers.
 The decision of the SC is final and conclusive and cannot
be challenged in any court on any ground.
 COURT OF SPECIAL JURISDICTION:
SPECIAL COURT (SC)

 JURISDICTION
 Original jurisdiction only.

 Exclusively for proceedings by or against the YDPA or the

Ruler of a State in his personal capacity.
 Such proceedings cannot be instituted without the consent
of the Attorney General personally to ensure there is a
prima facie case against the YDPA or the Ruler of a State in
question.
 Only citizen of Malaysia have the right to institute such
proceedings.
 COURT OF SPECIAL JURISDICTION:
SPECIAL COURT (SC)

 WHAT HAPPEN WHEN THE YDPA ? RULER OF

STATE IS CHARGED WITH AN OFFENCE UNDER
ANY LAW IN THE SPECIAL COURT ?IMPRISONED ?
 COURT OF SPECIAL JURISDICTION:
COURT FOR CHILDREN (CFC)

 CONSTITUTION
 CFC were established by the Child Act 2001 (CA 2001),
replacing Juvenile Courts.
 It comprises a magistrate who must be assisted by two
advisers, one of whom must be a woman. The advisers are
appointed by the responsible Minister from a panel of
persons resident in the state or territory concerned.
 If one or both are absent, the proceedings are unlawful.
 COURT OF SPECIAL JURISDICTION:
COURT FOR CHILDREN (CFC)

 JURISDICTION AND POWER

 To try all offences by child offenders except those
punishable with death (must be tried in ordinary courts).
 Criminal Procedure Code applies to CFC as if such courts
were Magistrates‟ Courts (unless modified by CA 2001).
 The CA 2001 prohibits the usage of the words „conviction‟
or „sentence‟. Instead, “a finding of guilt‟ and “order made
upon a finding of guilt” are used.
 Where an offence has been proved, the CFC must :-

i. Consider a probation report

ii. Seek the opinion of each of the advisers