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Introduction
Placed as the lowest in the hierarchy of the courts
More numerous than other courts (at present there are 151 throughout Malaysia)
Sits everyday except on public holidays
Handle the greatest volume of work
Expose to the majority of people - deal with everyday matters such as road
traffic
Robbery, theft, outrage of modesty (criminal)
Government cases, civil summons, tort, small claims
Establishment of Magistrate
Court
Established under section 76 of the Subordinate Court
Act 1948
The Yang Di-Pertuan Agong may be order constitute
so many magistrates court as he may think fit, and
shall have power, if he thinks fit, to assign local limits
of jurisdiction thereto.
Shall have jurisdiction to hear and determine any civil
or criminal cause or matter arising within the local
limit of jurisdiction assigned to it under this section.
MAGISTRATE COURT
Have jurisdiction to hear and determine any civil or criminal
cause or matter arising within the local limits of jurisdiction
assigned to them
Presided by 1st class MG OR 2nd class MG
1st class MG : legally qualified and must be a member of the
judicial and legal service
2nd class MG : not legally qualified, they are civil servant who
do magisterial work in addition to their administrative work.
Magistrates Courts shall ordinarily be held at such places as the
Chief Judge may direct, but should necessity arise they may also
be held at any other place within the limits of their jurisdiction
ORIGINAL JURISDICTION
1) CIVIL JURISDICTION
) To try all cases where the amount of dispute does not exceed
RM 25000.
) Exception : may exercise jurisdiction in action more than RM
25000 if both parties agreed in writing.
2) CRIMINAL JURISDICTION
) Offences punishable up to 10 years imprisonment or
) Offences punishable with fine only and :
)
eg: theft, kidnapping, causing miscarriage, causing hurt
) Offences under Section 392 (robbery) and Section 457
( housebreaking by night) of Penal Code, maximum punishment
is up to 14 years of imprisonment.
i.
Civil Jurisdictions
Section 92 of the Subordinate Court Act
1948 :
Second Class Magistrate may hear a civil
case where the plaintiff seeks to recover a
debt or liquidated demand in money
payable by the defendant, with or without
interest, not exceeding RM10,000.
Criminal Jurisdictions
Under section 88 of the Subordinate Courts Act 1948 :
A Second Class Magistrate may hear criminal matters of
Court held :
The Magistrate Court held that Shabir was fined RM 12,000 by
the court. However, he was not imprisoned as he had been
confirmed to suffer from bipolar mood disorder. Therefore, he
has been advised to receive follow up treatment from a
psychologist in his own country, Kashmir.
Appeals
When a party has lost in a case that she or he has
brought into a lower court and believes that there are
errors which has been affected the outcome, that
particular party may appeal his or her case to a higher
court.
An appeal is downright vital to clarify and interpret
the law so that there will be a correction on the errors
made by the courts.
The decisions made by Magistrates Court in Malaysia
can go for appeals which can be made in both civil and
criminal matter.
CONCLUSION
Jurisdictions of magistrate courts are governed by
Subordinate Court Act 1948
2 types of magistrate courts: 1st class and 2nd class
Magistrate courts deal with criminal and civil
jurisdictions
There are original and appellate jurisdictions
(for the 1st class magistrate court)
Small claim division of the Magistrate Court: for
claims <RM 5000