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8/12/2019 Court Development
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The earliest predecessor of the Federal Court was the Court of Judicature of Prince of
Wales' Island which is now Penang, Singapore and Malacca, which was established by the
Second Charter of Justice, issued by the Crown as letters patent dated 27 November 1826.
The Court was presided over by the Governor of the Straits Settlements and Resident
Councillor of the settlement where the court was to be held, and another judge called
the Recorder. The Third Charter of Justice of 12 August 1855 reorganized the Court,
providing the Straits Settlements with two Recorders, one for Prince of Wales' Island and the
other for Singapore and Malacca.
Further changes to the Court's constitution were made in 1873. It now consisted of two
divisions, the Chief Justice and the Senior Puisne Judge formed the Singapore and Malacca
division of the Court, while the Judge of Penang and the Junior Puisne Judge formed the
Penang division. The Supreme Court also received jurisdiction to sit as a Court of
Appeal in civil matters. In 1878 the jurisdiction and residence of judges was made more
flexible, thus impliedly abolishing the geographical division of the Supreme Court. Appeals
from decisions of the Supreme Court lay first to the Court of Appeal and then to the Queen-
in-Council, the latter appeals being heard by the Judicial Committee of the Privy Council. As
a result of legislation passed in 1885, the Supreme Court consisted of the Chief Justice and
three puisne judges. The Court was significantly altered in 1907. It now had two divisions,
one exercising original civil and criminal jurisdiction and the other appellate civil and criminal
jurisdiction.
The courts of Penang and Malacca merged with the rest of Malaya to form the Supreme
Court of the Federation of Malaya. This continued upon independence in 1957 until 1963.
When Malaya, Sabah, Sarawak, and Singapore formed Malaysia in 1963, the court was
renamed the Federal Court of Malaysia.
Due to the need for a proper office of the head of the Judicial system in Malaysia, a location
within the Precinct 3 of Putrajaya was identified for this purpose. aQidea Architect was once
again called to be commissioned to design the building after fi nishing the Prime Ministers
Office not far from the Palace of Justice. It has 2 Appeal Courts and 6 Federal courts whichhas intdicate network of passages segregating the Judges, witnesses, public, and the
accused leading to the courts right from the car park or area of arrival. This is for the safety
and security of everyone involved in order to achieve the desired courts functions and
ambiance. The design is about bringing about "Order" and order is the theme of the day as
the layouts are fashioned in an orderly manner, right from the smallest of rooms to the
biggest and from the public realm to the private domain.AR Ahmad Rozi A Wahab, the
principal Architect was personally responsible for the design layout and coming out with the
architectural concept and ideas.
8/12/2019 Court Development
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Generally, there are two types of trials, namely criminal and civil.
(a) The Federal Court The Federal Court hears appeals from the Court of Appeal.
| (b) The Court of Appeal
The Court of Appeal hears appeals from the High Court relating to both civil andcriminal matters.
| (c) The High Court
A) CIVIL JURISDICTION
The High Court has
jurisdiction to try all civilmatters but generallyconfines itself to matterson which the Magistratesand Sessions Courtshave no jurisdiction.These include mattersrelating to divorce andmatrimonial cases,appointment of guardians
of infants, the granting ofprobate of wills andtestaments and letters ofadministration of theestate of deceasedpersons, bankruptcy andother civil claims wherethe amount in disputeexceeds RM1,000,000.
B) CRIMINALJURISDICTION
The High Court mayhear all matters butgenerally confines itselfto offences on which theMagistrates andSessions Courts haveno jurisdiction, forinstance, offences whichcarry the death penalty.
C) APPELLATEJURISDICTION
The High Court mayhear appeals from theMagistrates andSessions Courts in bothcivil and criminalmatters.
Amount in dispute in anycivil matters mustexceed RM10,000
except where it involvesa question of law.
|
(d) The Sessions Court
(A) CIVIL JURISDICTION
A Sessions Court may hear any civilmatter involving motor vehicleaccidents, disputes between landlordand tenant, and distress actions. TheSessions Court may also hear othermatters where the amount in dispute
does not exceed RM1,000,000.
(B) CRIMINAL JURISDICTION
A Sessions Court has jurisdiction to tryall criminal offences EXCEPT thosepunishable by death.