MALAYSIAN JUDICIAL SYSTEM

BSS 411 MISS MARDIAH HAYATI ABU BAKAR

JUDICIARY
Power to hear and determine civil and criminal matters Pronounce on the legality of legislative or executive acts Interpret the Federal and State Constitution

JURISDICTION OF THE COURTS

SUBORDINATE COURTS 1. Sessions Courts 2. Magistrate Courts 3. Penghulu Courts 4. Juvenile Courts 1. 2. 3. SUPERIOR COURTS Federal Courts Court of Appeal High Court

JUVENILE COURTS
Deal with offenders below age of 18 Try all offences except punishable by death. Consist of First Class Magistrate who is assisted by 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 given corrective education.

PENGHULU COURTS
CRIMINAL S. 95, Subordinate Courts Act - Try a crime of minor nature and may impose fine not exceeding RM25.00 - May appeal to Magistrate Court CIVIL S. 94 SCA - Hear proceeding in which Pliantiff seeks to recover a debt or damages in money not exceeding RM50.00 - Parties to the proceedings are person of an Asean race speaking and understand Malay.

MAGISTRATE COURTS (FIRST CLASS)

CRIMINAL - Try all offencess which: a) max punishment no exceed 10 years imprisonment; or b) all offences with fine only; or c) under Section 392 (robbery) and 457( lurking, house trespass at night) of the Penal Code - S.87, SCA, sentence not exceed: - 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 where the amount in dispute or value does not exceed RM25K

MAGISTRATE (SECOND CLASS)

CRIMINAL - Try offences: a) max term imprisonment does not exceed 12 months imprisonment b) offences punishable with fine only - S. 89, SCA, pass sentence: - A) not exceeding 6 months imprisonment; - B) a fine not more than 1K; or - C) any combination either above CIVIL - S. 92, try all original or suit of civil in nature where Plaintiff seeks to recover debt or damages in monetary matter by defendant not exceeding RM3K.

SESSIONS COURT
CRIMINAL S 63 of SCA, may pass any sentence allowed by law other than the sentence of death. CIVIL Try all suits of a civil nature where the amount of dispute or value does not exceed RM250K.

*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 to make orders to secure substantial justice.