e-court and e-enforcement: successes and obstacles - … · 2015-08-21 · introduction: malaysian...
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E-COURT AND E-ENFORCEMENT: SUCCESSES AND OBSTACLES
OUTLINE
Introduction: Malaysian Legal System
Technology Use in Courts:
E-Court
E-Shariah
Successes
Obstacles/Challenges
Way forward –implementation framework
22E-Court and E-Enforcement: Successes and Obstacles
INTRODUCTION
33E-Court and E-Enforcement: Successes and Obstacles
• System of government-
• Legal system• Based on English common law and equity• Also based on Civil Law Statutes
Doctrine of separation of power
Legislative Executive Judiciary
• Constitutional monarchy• Parliamentary democracy
System of government
• 1 federal government• 14 state govenmentsComposition
• Federal ConstitutionLaw of the Land
INTRODUCTION
44E-Court and E-Enforcement: Successes and Obstacles
• Hierarchy of Courts
Federal Court
COA
High Courts
Sessions Court
Magistrate Court
Appeal CourtsHigh Court
Lower Court
Civil Court System (Civil & Criminal jurisdiction)
Shariah Court System
Superior Courts
Subordinate Courts
E-COURT
55E-Court and E-Enforcement: Successes and Obstacles
‘E- Court’ in civil court system Implemented/tested in 5 locations: KL, Selangor, Penang, Johor & Putrajaya
Components:
E-COURT
66E-Court and E-Enforcement: Successes and Obstacles
• Allowing cases to be filed and managed online-towards paperless office
• Expediting case disposal, eliminating red tape- time,cost and energy saving – eg: online payment
• Saving storage space and human resource• Document searching and retrieval immediately during
case hearing• Document forgery is avoided
Benefits
META XV 7
E-COURT
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META XV 8
E-COURT
88E-Court and E-Enforcement: Successes and Obstacles
Overall view of E- Court
META XV 9
E-COURT
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E-Court process workflow
META XV 10
E-COURT
1010E-Court and E-Enforcement: Successes and Obstacles
Online Case filing work process
META XV 11
E-COURT
1111E-Court and E-Enforcement: Successes and Obstacles
Queue Management System(QMS)
META XV 12
E-COURT
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Case Management System (CMS)
META XV 13
E-COURT
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CMS
META XV 14
E-COURT
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Court Recording & Transcribing System (CRT)
META XV 15
E-COURT
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E-Court: CRT
META XV 16
E-COURT
1616E-Court and E-Enforcement: Successes and Obstacles
CASE REGISTRATION AND DISPOSAL RATE- KL HIGH COURT
COURT CASE REGISTRATION 1.1.2010 - 30.9.2010
CASE DISPOSAL KES 1.1.2010- 30.9.2010
BALANCE OF CASE AT30.9.2010
CIVIL 3226 4483 5374FAMILY 1645 1751 489
COMMERCIAL(OLD)
1 1993 718
COMMERCIAL(IP)
69 106 104
COMMERCIAL(MUAMALAT)
791 859 203
NEW COMMERCIAL COURT
2898 2501 1390
APPEAL/SPECIALPOWER
3886 4893 1228
CRIMINAL 644 639 417
META XV 17
E-COURT
1717E-Court and E-Enforcement: Successes and Obstacles
CASE REGISTRATION AND DISPOSAL- KL LOWER COURT
COURTCASE REGISTRATION1.1.2010 - 30.9.2010
CASE DISPOSAL1.1.2010- 30.9.2010
BALANCE AT30.9.2010
CIVIL SESSIONS 33204 42078 3197
CIVIL MAGISTRATE 107507 112655 34709
COMMERCIAL CRIME 444 612 448
INTELLECTUAL PROPERTY 62 220 94
SPRM 12 38 52
SEXUAL 12 46 118
CRIME-SESSIONS 434 667 589
CRIME-MAGISTRATE 7672 9269 1330
DEPT. SUMMONS 1307 1277 88
JUVENILE 178 52 25
META XV 18
E-COURT
1818E-Court and E-Enforcement: Successes and Obstacles
Legal issues: Legal compliance
META XV 19
E-COURT
1919E-Court and E-Enforcement: Successes and Obstacles
Legal issues- Criminal Procedure Code• Magistrate Court- Section 266 of CPC deals with mode of taking notes in
summons cases and Section 267 deals with mode of recording evidence in other cases.
• Section 266 (1):“In summons cases tried before a Magistrate, the Magistrate shall, as the examination of each witness proceeds, make a note of the substance of what the witness deposes, and such note shall be written by the Magistrate with his own hand in legible handwriting and shall form part of the record”.
• Section 267:“In all other trials before a Magistrate’s Court, and in all inquiries…, the evidence of each witness shall be taken down in legible handwriting by the presiding Magistrate and shall form part of the record”
META XV 20
E-COURT
2020E-Court and E-Enforcement: Successes and Obstacles
• High Court - Section 272 of CPC: deals mode of taking notes in with criminal trial
“In all criminal cases tried before the High Court the Judge shall take down in writingnotes of the evidence adduced”.
• Section 272A allows a judge, besides having his own notes, to instruct any other person to verbatim notes of what each witness deposes.
• This section does not mention any other modes of recording evidence in court. Hence, an audio or video recording is not legally acknowledged as to form part of the trial record.
META XV 21
E-COURT
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Legal issues- CPC Amendment 2009• The rest of the provisions in this new act deals with:
• the transcription of electronic records(272F),
• safe custody of electronic record and transcript(272G), transcript to form part of record or notes of proceedings or evidence (272I),
• electronic filing, lodgement, submission and transmission of document (272J)
• and issuance of practice direction of court relating to the use of mechanical means and any matter related to it (272K).
• So now, the legal issue regarding the authenticity of electronic records in criminal court is resolved.
E-SHARIAH
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E-SHARIAH
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E-SHARIAH
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OBSTACLES :
• 14 different jurisdictions• Budgeting• Change management
E-ENFORCEMENT
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• Civil Court: • EFS
• Shariah Court:• Manual filing • Family Support Dept (BSK)
FRAMEWORK
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META XV 27
CONCLUSION
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• E-Court & E-Shariah - successfully implemented • Tremendous impact to case disposal rate
• Referred to by other countries (UK, Pakistan, India, UAE, Saudi)
• Rooms for improvement• Legal Framework - This generic model could be used as a point of
reference in ASEAN+3 countries, applying the local legal requirements in the respective countries. The requirements could be compared with Malaysia’s. Can be a foundation for partnership between two or more courts in different jurisdictions
• Human resource- CIO
THANK YOU