Hierarchy Court
CHAPTER 1 THE COURT STRUCTURE
- The present court structure has been in effect since June 1994 following the Constitution (Amendment) Act 1994.
- The judicial powers are exercised by the Subordinate Courts and the superior courts organised in a hierarchy where the Subordinate Courts are at the lower level and the superior courts at the higher level.
THE SUBORDINATE COURTS (The Subordinate Courts Act 1948)
THE PENGHULU’S COURT
- The Penghulu’s Court is presided over by a Penghulu who has limited jurisdiction within a mukim.
- In criminal cases, the Penghulu can impose a fine not exceeding RM25.
- In civil cases, the Penghulu can try dispute where value of the subject matter does not exceed RM50.
- An appeal against a Penghulu’s decision lies in a First Class Magistrate.
THE MAGISTRATES’ COURT (Two classes)
1. Second Class Magistrates’ Court
- The Magistrate is not required to be qualified in law, and is usually a public servant or minor court officer who performs the functions of granting bail and mentioning cases.
- In criminal cases, the Magistrate has jurisdiction to try cases where the maximum punishment is not more than 12 months’ imprisonment; and can impose a fine not exceeding RM1000 or an imprisonment of up to 6 months or a combination of a fine and imprisonment.
- In civil cases, the Magistrate has jurisdiction to try cases to recover a debt of RM3000 or less.
2. Second Class Magistrates’ Court
- The Magistrate has to be a member of the Judicial and Legal Service.
- In criminal cases, the Magistrate has jurisdiction to try all offences punishable with a fine or imprisonment of up to 10 years plus offences under Sections 392 and 457 of the Penal Code; and can impose a fine up to RM10000, an imprisonment of up to 10 years, whipping of up to 12 strokes, or a combination of these sentences.
- In civil cases, the Magistrate has jurisdiction to try cases where value of the subject matter does not exceed RM25000.
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- The present court structure has been in effect since June 1994 following the Constitution (Amendment) Act 1994.
- The judicial powers are exercised by the Subordinate Courts and the superior courts organised in a hierarchy where the Subordinate Courts are at the lower level and the superior courts at the higher level.
THE SUBORDINATE COURTS (The Subordinate Courts Act 1948)
THE PENGHULU’S COURT
- The Penghulu’s Court is presided over by a Penghulu who has limited jurisdiction within a mukim.
- In criminal cases, the Penghulu can impose a fine not exceeding RM25.
- In civil cases, the Penghulu can try dispute where value of the subject matter does not exceed RM50.
- An appeal against a Penghulu’s decision lies in a First Class Magistrate.
THE MAGISTRATES’ COURT (Two classes)
1. Second Class Magistrates’ Court
- The Magistrate is not required to be qualified in law, and is usually a public servant or minor court officer who performs the functions of granting bail and mentioning cases.
- In criminal cases, the Magistrate has jurisdiction to try cases where the maximum punishment is not more than 12 months’ imprisonment; and can impose a fine not exceeding RM1000 or an imprisonment of up to 6 months or a combination of a fine and imprisonment.
- In civil cases, the Magistrate has jurisdiction to try cases to recover a debt of RM3000 or less.
2. Second Class Magistrates’ Court
- The Magistrate has to be a member of the Judicial and Legal Service.
- In criminal cases, the Magistrate has jurisdiction to try all offences punishable with a fine or imprisonment of up to 10 years plus offences under Sections 392 and 457 of the Penal Code; and can impose a fine up to RM10000, an imprisonment of up to 10 years, whipping of up to 12 strokes, or a combination of these sentences.
- In civil cases, the Magistrate has jurisdiction to try cases where value of the subject matter does not exceed RM25000.
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