MALAYSIAN
JUDICIAL SYSTEM
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THE JUDICIAL SYSTEM
Superior Courts
Subordinate Courts
Courts of Special Jurisdiction
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HIREARCHY OF COURTS
FEDERAL COURT
SUPERIOR COURT OF SPECIAL
COURTS APPEAL COURT
HIGH COURT HIGH COURT
(WEST (SABAH &
SYARIAH
MALAYSIA) SARAWAK)
COURT
SESSIONS SESSIONS NATIVE
COURT COURTS COURT
SUBORDINAT
E COURTS
MAGISTRATES MAGISTRATES
COURT COURT
CHILD COURT CHILD COURT
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CIVIL COURT SYSTEM
Courts are divided into two categories:
(i) Superior Courts:
- Federal Court
- Court of Appeal
- High Court
(ii) Subordinate Courts:
- Sessions Court
-Magistrates Court
-Magistrates Court for Children
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FEDERAL COURT
Article 122 FC- the Chief Justice of the Federal Court is head of the
Malaysian Judiciary.
Constitution of the Federal Court
• Chief Justice (President of the Court)
• President of the court of Appeal
• Chief Judge of High Court Malaya
• Chief Judge of High Court Sabah & Sarawak
• 7 Federal Court judges
Composition of the Federal Court
o Proceeding in Federal Court shall be heard and disposed by 3
judges or such greater uneven number of judges as the Chief Justice
may require.
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FEDERAL COURT
Jurisdiction:
It has 4 types of jurisdiction:
• Original
• Appellate
• Reference
• Advisory
Original jurisdiction – Article 128(1)
• Fed Court may hear any question whether a law made by Parliament or
by the Legislature of a State is invalid on the ground that it makes
provision with respect to a matter with respect to which parliament or, as
the case may be, the legislature of the State has no power to make laws
and
• May also hear disputes on any other question between states or between
the Federation and any State It has jurisdiction in the same matters
exercised by the HC.
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FEDERAL COURT
Appellate jurisdiction – Section 86 & 96 CJA 1964
• It has jurisdiction in both criminal and civil matters.
• Appeal lie from question of fact, or a question of law or on a question
mixed fact and law.
• Appeal against acquittal, court may issue warrant directing the accused
be arrested or brought before it and to remand him to prison, pending the
disposal of the appeal, or admit to bail.
• On hearing of the appeal- court may confirm, reverse or vary the
decision of the COA or may order re-trial or may remit matter to the HC.
• Court also may if it thinks that different sentence should have been
passed, quash the sentence passed, confirm or varied by the COA and
pass such other sentence warranted in law.
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FEDERAL COURT
Reference/Revisionary – Section 96(B) CJA 1964
•On constitutional issues, the HC can stay its proceeding and
forward the constitutional issues to the Federal Court.
•Federal Court shall determine in the same way as an appeal to
the Federal Court.
Advisory Jurisdiction – Article 130
•To give opinion on any question referred to it by the Yang Di
Pertuan Agong pertaining to any provision of the Federal
Constitution which has arisen or appears likely.
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COURT OF APPEAL (COA)
Article 122A- President of the COA is the head of the court.
Appointed by the YDPA after consulting Conference of Rulers.
Constitution of the Court
•The court has a President and 32 other judge
Composition of Court of Appeal – Section 38 CJA 1964
•Every proceeding shall be heard and disposed by 3 judges or
any greater number of Judges as the President may determine
(but must be of uneven numbers i.e. 5, 7, 9,11) Decisions are
made by majority i.e. 2:1 (2 to 1), 3:2, 4:3, 5:4.
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COURT OF APPEAL (COA)
Jurisdiction:
•Has appellate jurisdiction over criminal and civil cases.
•Hear and determine any criminal appeal against any decision
made by the HC.
•May also consider appeals decided by the HC relating to
matters decided by the Magistrates Court but it will be
confined only to question of law.
•Appeal must be within 14 days after judgment given.
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COURT OF APPEAL (COA)
Civil Appeal Cases – Section 67 CJA 1964
•Has jurisdiction to hear and determine civil appeals for cases
where the amount or value of the subject matter of the claim is
more than RM 250,000.
•If the amount is less than RM250,000 the parties must get the
permission from the Court of Appeal.
Criminal Appeal Cases – Section 50 CJA 1964
•Has jurisdiction to hear and determine any appeal against the
decision of the High Court.
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HIGH COURT (HC)
Established under Article 121(1) of the Federal Constitution.
There are 2 High Courts of co-ordinate jurisdiction in Malaysia:
(i) High Court for West Malaysia
(ii) High Court in Sabah and Sarawak
Each of the two High Courts is headed by a Chief Judge.
Constitution of High Court – Article 122AA
o Chief judges
o 60 judges in High Court Malaya
o 13 judges in High Court Sabah and Sarawak
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HIGH COURT (HC)
Jurisdiction:
• Original jurisdiction;
• Criminal - Section 22 CJA 1964
• Civil - Section 23 & 24 CJA 1964
• Appellate jurisdiction; Section 26 CJA 1964
• Supervisory and revisionary jurisdiction; Section 31–35 CJA 1964
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HIGH COURT (HC)
Original jurisdiction
• High Court can try all criminal offences and for civil jurisdiction it
generally hear actions where the claim exceeds RM1 million, other than
actions involving motor vehicle accidents, landlord and tenant disputes and
distress
Appellate jurisdiction
• High Court hears criminal and civil appeals from the Magistrate and
Sessions courts
Revisionary and Supervisory jurisdiction
• has power to revise criminal proceedings in the subordinate court, to call or
examine record of proceeding of any civil matters before any subordinate
court.
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SESSIONS COURT
Section 63 SCA 1948 – Sessions Court have criminal jurisdiction
to try all offences other than offences punishable with death.
Section 64SCA 1948 – Sessions Court may pass any sentence
allowed by law other than the sentence of death.
Its criminal jurisdiction extends to all offences other than
offences punishable with death
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SESSIONS COURT
Section 65 mention that In civil matters,
a. unlimited jurisdiction in respect of motor vehicle accidents,
landlord and tenant distress
b. it has jurisdiction to try all actions and suits where the
amount in dispute or value of the subject matter does not
exceed RM1,000,000
c. It may try all actions and suits of a civil nature for the
specific performance or rescission of contracts or for
cancellation or rectification of instruments.
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MAGISTRATES COURT
This court has the jurisdiction to hear civil cases and criminal
cases.
There are two (2) types of classes of magistrate i.e.
First Class Magistrate; and
Second Class Magistrate.
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MAGISTRATES COURT
First Class Magistrate
Section 85 SCA 1948 - First Class Magistrate shall have jurisdiction to try all
criminal offences for which the maximum term of imprisonment provided by
law does not exceed 10 years imprisonment or which are punishable with
fine only.
Section 87 SCA 1948 - It may pass any sentence allowed by law not
exceeding:
(a) five years’ imprisonment;
(b) a fine of ten thousand ringgit (RM10,000.00);
(c) whipping up to twelve (12) strokes; or
(d) any sentence combining any of the sentences aforesaid
Section 90 SCA 1948 - First Class Magistrate may try all civil action where
the amount of dispute does not exceed RM100,000
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MAGISTRATES COURT
Second Class Magistrate
Section 88 SCA 1948 - Magistrate may try criminal offences where the
maximum punishment does not exceed 12 months’ imprisonment or with fine
only.
Section 89 SCA 1948 - It may pass any sentence allowed by law—
(a) not exceeding six months’ imprisonment;
(b) a fine of not more than one thousand ringgit; or
(c) any sentence combining either of the sentences aforesaid
Section 92 SCA 1948 - Magistrate may try original actions of civil nature
where plaintiff seek to recover debt or liquidated demand on money from
defendant not exceeding RM10,000
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AMOUNT OF CLAIM UNDER ORIGINAL
CIVIL JURISDICTION
Courts Claim’s Amount
High Court Max: Unlimited
Min: RM 1,000,001
Session Court Max: RM 1, 000,000
Min: RM 100,001
First Class Magistrate Max: RM 100,000
Min: RM 10,001
Second Class Magistrate Max: RM 10,000
Min: Reasonable amount
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