MALAYSIAN COURT SYSTEM

Ibtisam Ilyana Ilias

Faculty of Law
UiTM

Federal Court

Court of Appeal

High Court of
Malaya

High Court of
Sabah & Sarawak

Session Court

Magistrate Court

Penghulu Court

MAGISTRATES 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

MAGISTRATES COURT
JURISDICTION
Can hear civil and criminal matters arising within the
local limit.

First Class
(Criminal matters)
Try offences for which max
term of imprisonment does
not exceed 10 years/which
are punishable with fine
only
Eg. S.392 Penal Coderobbery

First Class
(Civil matters)
The value of the subjectmatter does not exceed
RM25000

MAGISTRATES COURT
SENTENCING POWER
May pass any sentence allowed by law, not exceeding:

1.
2.
3.

4.

5 years imprisonment
Fine of RM10,000
Whipping up to 12 strokes
Any combination of the above

Also hears appeal from Penghulus court.

MAGISTRATES COURT
Second Class
(Criminal matters)

Second Class
(Civil matters)

Try offences which

1)max penalty does not
exceed12 months
imprisonment
2)Punishable with fine only

Plaintiff seeks to recover

debt or liquidated damages
not exceeding RM3000.

Eg. Minor traffic offences,

e.g. summons

MAGISTRATES COURT
SENTENCING POWER
May pass any sentence not exceeding

1.
2.
3.

6 months imprisonment
A fine of RM1000
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
Try all offences other than
those punishable by death

Civil matters
Unlimited jurisdiction to try
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
&
SUPERVISORY

ORIGINAL

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/noncitizen) 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 :The cause of action arose
The defendant or one of the several defendants resides
or has his place of business
The facts on which the proceedings are based exist or
are alleged to have occurred and
Any land, the ownership of which is disputed, is
situated within the local jurisdiction

1.
2.

3.

4.

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 CAs 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 CAs 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 CAs 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 FCrts 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