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.

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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.