Malaysian Judicial System

7/31/2019 Malaysian Judicial System

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MALAYSIAN JUDICIAL SYSTEMBSS 411

MISS MARDIAH HAYATI ABU BAKAR


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JUDICIARY

Power to hear and determine civil and criminalmatters

Pronounce on the legality of legislative orexecutive acts

Interpret the Federal and State Constitution


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JURISDICTION OF THE COURTS

SUBORDINATE COURTS1. Sessions Courts2. Magistrate Courts

3. Penghulu Courts4. Juvenile Courts

SUPERIOR COURTS

1. Federal Courts2. Court of Appeal3. High Court


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JUVENILE COURTS

Deal with offenders below age of 18

Try all offences except punishable by death.

Consist of First Class Magistrate who is assistedby 2 advisers.

Closed from the public to protect the young

offender If found guilty, will be sent to one of the

approved institutions or schools and givencorrective education.


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PENGHULU COURTS

CRIMINAL

S. 95, Subordinate Courts Act

- Try a crime of minor natureand may impose fine notexceeding RM25.00

- May appeal to MagistrateCourt

CIVIL

S. 94 SCA

- Hear proceeding in whichPliantiff seeks to recover adebt or damages in money notexceeding RM50.00

- Parties to the proceedings are

person of an Asean racespeaking and understandMalay.


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MAGISTRATE COURTS (FIRST CLASS)CRIMINAL

- Tryall offencess which:

a) max punishment no exceed10 years imprisonment; or

b) all offences with fine only; or

c) under Section 392 (robbery)and 457( lurking, house trespassat night) of the Penal Code

- S.87, SCA, sentence notexceed:

- a) 5 years imprisonment

- A fine of 10K

- Whippingg up to 12 strokes; or

- Combination of the above.

CIVIL

S. 90 of SCA

- Try all actions and suits wherethe amount in dispute or valuedoes not exceed RM25K


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MAGISTRATE (SECOND CLASS)

CRIMINAL

- Try offences:

a) max term imprisonmentdoes not exceed 12 months

imprisonmentb) offences punishable withfine only

- S. 89, SCA, pass sentence:

- A) not exceeding 6 months

imprisonment;- B) a fine not more than 1K; or

- C) any combination eitherabove

CIVIL

- S. 92, try all original or suitof civil in nature wherePlaintiff seeks to recover debt

or damages in monetarymatter by defendant notexceeding RM3K.


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SESSIONS COURT

CRIMINAL

S 63 of SCA, may pass any

sentence allowed by law otherthan the sentence of death.

CIVIL

Try all suits of a civil nature

where the amount of disputeor value does not exceedRM250K.

*has no jurisdiction for specific performance or rescission of contract

SUPERVISORY ROLE

S. 54, SCA. Limited supervisory role over the Magistrate Court and|Penghulu Court. If found illegal or improper, forward to the High Court tomake orders to secure substantial justice.

Documents

Malaysian Judicial System