Structure of Malaysian Court System

Structure Of Malaysian Court System

VIDEOS : A Speedier Judiciary System

MPW 2133 Malaysian Studies

Lecturer : Ms Neeta S. Singh

Group Member:

• Yap Hui Peng
• Liaw Choon Sian
• Brandon Tee Ren Jye

Presentation Date : 26th Feb 2014

• The Federal Court of Malaysia (Malay: Mahkamah Persekutuan Malaysia) is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya
• • Consists of the Chief Justice of the Federal Court, the Chief Justice of the High Courts, four judges and a number of additional judges.
• • Decides on the validity of laws made in Parliament or the State Legislature
• • Decides on disputes between the Federal and the State governments
• • Decides on disputes between two states
• • Delibrates on appeals of civil and criminal cases from the High Court
• • Advises the Yang di-Pertuan Agong on the Constitution

The Court of Appeal

Examples :

Members of Perkasa hold rally against allowing the Catholic Church to use the word “Allah”

• The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court
• The court is headed by the President of the Court of Appeal, who is the second most important person in Malaysian judiciary after the Chief Justice of Malaysia

• The Court of Appeal generally hears all civil appeals against decisions of the High Courts except where against judgment or orders made by consent.
• In cases where the claim is less than RM250,000, the judgment or order relates to costs only, and the appeal is against a decision of a judge in chambers on an interpleader summons on undisputed facts, the leave of the Court of Appeal must first be obtained.
• The Court of Appeal also hears appeals of criminal decisions of the High Court. It is the court of final jurisdiction for cases which began in any subordinate courts

High Court

Criminal Jurisdiction

Civil Jurisdiction

Examples :

Dharmendran died from multiple beatings

Appellate Jurisdiction

• The High Court may hear all matters but generally confines itself to offences on which the Magistrates and Sessions Courts have no jurisdiction, for instance, offences which carry the death penalty

• The High Court may hear appeals from the Magistrates and Sessions Courts in both civil and criminal matters

• The High Court has jurisdiction to try all civil matters but generally confines itself to matters on which the Magistrates and Sessions Courts have no jurisdiction.
• This includes matters relating to divorce and matrimonial cases, appointment of guardian of infants, the granting of probate of wills and testaments and letters of administration of the estate of deceased persons, bankruptcyand other civil claims where the amount in dispute exceeds RM250,000.

Session Court

Examples :

Civil Jurisdiction

Criminal Jurisdiction

A RM6 million bribery case involving a chartered arbitrator.

• A Sessions Court has jurisdiction to try all criminal offences EXCEPT those punishable by death

• A Sessions Court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant, and distress actions. The Sessions Court may also hear other matters where the amount in dispute exceeds RM25,000 but does not exceed RM250,000

Magistrate Court

Criminal Jurisdiction

Civil Jurisdiction

Examples :

A case involving a local man who was charged with causing the death of a 36-year-old man by negligence and giving fake information to a policeman around Feb 2012.

• A Magistrates Court may hear a civil case when the amount in dispute does not exceed, RM25,000.

• Where the amount claimed does not exceed RM5,000 you may wish to file your claim in the small claims division of the Magistrates Court. If you do so however, you must be prepared to conduct the case yourself, as legal representation is not permitted

• A Magistrates Court may hear criminal matters of the following nature: -

• where the offence is punishable by a fine only - this would cover the majority of traffic offences.

• where the offence provides for a term of imprisonment not exceeding ten (10) years. A Magistrate may not, however, impose a term of imprisonment exceeding five (5) years.

Penghulu’s Court

District Court

Juvenile Court

Syariah Courts

• Headed by the District Officer
• This court exists in Sabah and Sarawak
• Has the authority to decide and re-trail

• Headed by the Penghulu or Head of the Mukim in the Penghulu hall (found in Peninsular Malaysia)
• Examines light criminal cases where the fine does not exceed RM25
• Examines civil cases where the fine does not exceed RM50
• Appeals against the court's decisions on criminal and civil cases can be made in the First Class Magistrate Court.

• Headed by a Session Court Judge
• Hears offences committed by a juvenile of less than 18 years of age
• Offenders cannot sentenced but are sent ti rehabilitation center until 21 years old

• Headed by a religious head appointed by the ruler or sultan
• Examiners cases of offences against the Islamic religious law involving Muslims only
• Administer and handle Islamic laws