court system presentation

8/2/2019 Court System Presentation

http://slidepdf.com/reader/full/court-system-presentation 1/39

C l i c k

t o e d i t M

a s t e r s u b t i t l e

s t y l e

3 / 5 / 1

2

C O U R T S

Y S T E

M I N

M A L A Y S

I A

I M R A N H A

Z I M F A R A L I S

A S A I Y I D A

H B A L Q I S



3 / 5 / 1

2

THE SYSTEM

• Malaysia has a unified judicial system and all courts take

notice of both federal and state laws

• The legal system is founded on English Common Law

• There are 2 types of trial (Civil & Criminal)

• The jurisdiction of the courts in civil or criminal matters arecontained in the Subordinate Courts Act 1948 and the Courtsof Judicature Act 1964



3 / 5 / 1

2

The hierarchy

•

SUPERIOR COURTS:-a) Federal Courtb) Court of Appealc) High Court Malaya/Sabah & Sarawak

•) SUBORDINATE COURTS:-a) Sessions Courtb) Magistrates’ Courtc) Penghulu Courtd) Courts for Children

•) OTHER:-a) Special Courtb) Syariah Court



3 / 5 / 1

2

SUBORDINATE COURTS



3 / 5 / 1

2

PENGHULU COURT



3 / 5 / 1

2

PENGHULU COURT

• This court only exist in the West Malaysia which is in Sabah &Sarawak

• Authorized by a “Penghulu” or the Leader which is appointed by thestate government for the purpose of administrating a Mukim.

• It is established to settle a local dispute. It is also being done/triedinformally rather than following a formal trial of a court.

• The jurisdictions of the court are on the matters of civil and criminal

• In some of the criminal case, an accused person may be tried in a

proper Magistrates Court if there is an appeal against a decisionbeen made.


http://slidepdf.com/reader/full/court-system-presentation 7/39 3 / 5 / 1

2

JURISDICTIONS

CIVIL CRIMINAL

• It applies only to an individualwho is an asian racespeaking and understands

the Malay language.

• It applies only to an individualwho is a person of an asianrace descendant.

• Settling disputes which doesnot exceed more than RM 50

• Trial on minor and offencescases


http://slidepdf.com/reader/full/court-system-presentation 8/39 3 / 5 / 1

2

MAGISTRATE COURT


http://slidepdf.com/reader/full/court-system-presentation 9/39 3 / 5 / 1 2

MAGISTRATE COURT

• Magistrates are divided into First Class and Second ClassMagistrates

• Both classes are being appointed by the YDPA in Federal Territoriesand by Ruler in the respective states

• 1st class Magistrates are legally qualified and has greater powers asthey are from a member of the judicial and legal service of federation. They are being appointed based on the recommendation of the Chief Judge

• 2nd class Magistrates are not legally qualified as they are only thecivil servants who do magisterial for their addition of administrativeduties



JURISDICTIONS

CIVIL CRIMINAL• A Magistrates Court may hear

a civil case when the amountin dispute does not exceed,RM25,000

• A Magistrates Court may hearcriminal matters of thefollowing nature:-

• Where the amount claimed

does not exceed RM5,000 theindividual may file their claimsin the small division of theMagistrates Court. Howeverthey must be prepared toconduct the case theirselves,

as legal representation is notpermitted.

a) where the offence is

punishable by a fine only -this would cover the majorityof traffic offences.

a) where the offence providesfor a term of imprisonment

not exceeding ten (10) years.A Magistrate may not,however, impose a term of imprisonment exceeding five(5) years



1st Class criminal sentencing jurisdiction

• May pass any sentence allowed by law not exceeding:-a) 5 years imprisonment

b) Fine up to RM 10,000

c) Whipping up to 12 strokes

d) Combination of above

• If they award more than were prescribe, they must record theirreasoning for doing so.



CIVIL JURISDICTIONS

• They can try all cases where the amount in dispute or value of matter not exceeding RM 25,000

• Exceptions may be exercised in action more than RM 25,000 if bothparties agreed in writing


http://slidepdf.com/reader/full/court-system-presentation 13/39 3 / 5 /

1 2

2nd class criminal sentencing jurisdiction

• They may pass any sentence allow by law not exceeding:-a) Imprisonment not exceeding 6 months

b) Fine not exceeding RM 1000

c) Combinition of the above

• If they think the accused is convicted deserved a penalty whichexceed his/her power of punishment, the case must be adjourned fortrial by the 1st class



1 2

CIVIL JURISDICTIONS

• Recovery of debt or liquidated demand in money not exceeding RM3000



1 2

SESSIONS COURT



1 2

SESSIONS COURT

• The highest court among the courts in the subordinate level

• Presided by Session Court Judge

• Has a wider and larger scope of jurisdictions



1 2

JURISDICTIONS

CIVIL CRIMINAL

• A Sessions Court may hearany civil matter involvingmotor vehicle accidents,disputes between landlord andtenant, and distress actions.

The Sessions Court may alsohear other matters where theamount in dispute exceedsRM25,000 but does notexceed RM250,000.

• A Sessions Court has jurisdiction to try all criminaloffences EXCEPT thosepunishable by death.



1 2

exceptions

• Sessions Court has no jurisdictions with regard to applications forSpecific Performance or rescissions of contracts, injunction,enforcement of trust, declaration of decrees and revocation of grants of representation of the estates of deceased persons orthe administration or distribution thereof.

• All of these are within the ambit of the High Court.



3 / 5 / 1 2

SUPERIOR COURTS



3 / 5 / 1 2

HIGH COURT



3 / 5 / 1 2

HIGH COURT

• There are 2 High Courts of coordinate jurisdiction in Malaysia whichis the High Court Of Malaya and the High Court of Sabah andSarawak respectively

• The High Court has both jurisdictions to act as a court of firstinstance (first time civil and criminal cases) and appellate

court.

• The Court may pass any sentence allowed by law

• In addition to the above mentioned powers, the High Court also has

general supervisory and revisionary jurisdictions over allSubordinate Courts.



3 / 5 / 1 2

JURISDICTIONS

CIVIL CRIMINAL APPELLATE-

The High Court has jurisdiction to try all civilmatters but generallyconfines itself tomatters on which theMagistrates andSessions Courts have no

jurisdiction.

- These include mattersrelating to divorce andmatrimonial cases,appointment of guardians of infants, thegranting of probate of wills and testamentsand letters of

administration of theestate of deceasedpersons, bankruptcyand other civil claimswhere the amount indispute exceedsRM250,000.

- The High Court mayhear all matters butgenerally confines itself to offences on which theMagistrates andSessions Courts have no jurisdiction, for instance,

offences which carry thedeath penalty.

- The High Court mayhear appeals from theMagistrates andSessions Courts in bothcivil and criminalmatters



3 / 5 / 1 2

Court of appeal



3 / 5 / 1 2

COURT OF APPEAL

• The Court strictly performs the function of an Appellate Court

• The Court only has an appellate jurisdiction which is to hear an appealfrom the High Court in both civil and criminal matters.

• Decision will be made by a majority of judges.

• Appeal to the Court Of Appeal shall be by way of rehearing.



3 / 5 / 1 2

Civil appeal

• It has the jurisdictions to hear and determine appeals from HighCourt in any civil cause or matter but there are also somematters which are non-appealable which has been listed undersection 68 of the Court Of Judicature Act.

• No appeal is allowed where the amount or value of the matter of theclaim is less than RM 250,000 unless being granted leave fromCourt Of Appeal

• The Court may:-

a) order a new trial

b) reverse or vary the decision if the High Court



3 / 5 / 1 2

CRIMINAL APPEAL

• The Court may hear any appeal against any decision made by theHigh Court in the context of its :-

a) original jursidiction

b) appellate jurisdiction in respect of any criminal matters decidedby Session Court. ( if it is for the Magistrate Court, a leave that isgranted by the Court Of Appeal is needed)

• The Court has the power to :-

a) dismiss the appeal

b) confirm, reverse or vary the decision

c) order retrial

§ They also may quash the sentence passed by trial court and pass anew sentence if the think that a different sentence is required.



3 / 5 / 1 2

FEDERAL COURT



3 / 5 / 1 2

FEDERAL COURT

•

The highest court in Malaysia

• The Federal Court is the court of last resort in determining theconstitutionality of any law, order or regulations.



3 / 5 / 1 2

jurisdictions

• In exercising its original jurisdictions, it has the same jurisdictionsand may exercise the same powers as are had and may beexercised by the High Court.

• However, in the exercise of its original jurisdiction in respect of adispute between States or between the Federation and any Stateit can only pronounce a declaratory judgment.

Criminal Appeal :-

- It has the powers to hear and determine any appeal from anydecisions

from any decision of the Court Of Appeal in its appellate jurisdiction

Civil Appeal:-

- an appeal can be made from the Court Of Appeal to Federal Courtwith the

leave of the Federal Court itself.



3 / 5 / 1 2

OTHER COURTS



3 / 5 / 1 2

COURT FOR CHILDREN



3 / 5 / 1 2

COURT FOR CHILDREN

•

Established under the Child Act 2001

• The court consist of a magistrate and shall as the case may require,be assisted by 2 advisors

•

The child who is found guilty shall not be imprisoned but may eitherbe sent to an approved school or released on bail.

• For capital offences, the child shall be detained in prison at thepleasure of the Ruler.



3 / 5 / 1 2

SPECIAL COURT



3 / 5 / 1 2

SPECIAL COURT

•

It was established prior to the Article 182(2) of the FederalConstitution and enforced on the 30th of March 1993

• It is being established to hear civil and criminal action by or againstthe YDPA or any of the 9 rulers.



3 / 5 / 1 2

JURISDICTIONS

•

Exclusive jurisdictions to try all offences committed by the YDPA orRulers and all civil case by or against YDPA or Rulers despitewhere cause of action arose.

• It has the same jurisdictions and power as being vested in theSubordinate Court as well as the Superior Courts.

• To date, only one litigation has been brought before the SpecialCourt against the Ruler of a State.



3 / 5 / 1 2

SHARIAH COURT



3 / 5 / 1 2

SHARIAH COURT

•

A religious court that governs Muslim party only

• Consist of a three-tiered system which is :-

a) Shariah Appeal Court

b) Shariah High Court

c) Shariah Subordinate Court• Each court has civil and criminal jurisdiction respectively



3 / 5 / 1 2

JURISDICTIONS

•

CIVIL JURISDICTIONS :-- family, divorce, custody, matrimonial claim

wills, claim to joint acquired property, etc

§ CRIMINAL JURISDICTIONS :-- khalwat, prostitution, non-payment of zakat, drinking alcohol,

not fasting during the month of Ramadhan, etc



/ 1 2

FIN..

court system presentation

Documents