The judiciary system in Malaysia is primarily based on the English system. In general, there are two types of trials / matters that will be brought before the Malaysian Courts; i.e. criminal and civil matters.
In Malaysia, there are 5 levels of Courts; i.e. the hierarchy begins at the Magistrates' Court; to the Sessions Court, the High Court, the Court of Appeal, and finally, the Federal Court.
SUBORDINATE COURTS
The Magistrates' Court and the Sessions Court are classified as "Subordinate Courts". These Courts cannot hear appeals and operate mainly as the "Courts of first instance" – a fancy way of saying, "where cases start".
Accordingly, if a party is dissatisfied with any decision delivered by the "Subordinate Courts", the dissatisfied party can file an appeal to the High Court of Malaya; under Order 55 Rule 2 of the Rule of Court 2012, appeals to the High Court from Subordinate Courts shall be brought by giving a notice of appeal within 14 days from the date of the decision appealed from.
THE MAGISTRATES' COURT
The Magistrates' Court's jurisdiction can be found in the Subordinate Courts Act 1948 (the "SCA 1948"). Under Section 76 (2), the Magistrates' Court shall have jurisdiction to hear and determine any civil and criminal cause of matter.
There are two types of Magistrates; a First Class Magistrate, and a Second Class Magistrate. Both these classes of Magistrates can be differentiated by their hearing jurisdiction and sentencing jurisdiction.
Criminal jurisdiction of a First Class Magistrate
Under Section 85 of the SCA 1948, a First Class Magistrate can hear cases where the jail term is not more than 10 years or which are punishable with fine only; and offences under Sections 392 and 457 of the Penal Code. Under Section 87(1) of the SCA 1948, a First Class Magistrate can only pass sentences where the jail term is up to 5 years, fine of RM10,000.00, and/or 12 strokes of the whip.
Criminal jurisdiction of a Second Class Magistrate
Under Section 88 of the SCA 1948, a Second Class Magistrate can hear cases where the jail term is not more than 12 months or which are punishable with fine only. Under Section 89 of the SCA 1948, a Second Class Magistrate can only pass sentences where the jail term is not more than 6 months and/or a fine of RM1,000.00.
Civil jurisdiction of a First Class Magistrate
Under Section 90 of the SCA 1948, claims of RM100,000.00 or less will be allocated to the First Magistrates.
Civil jurisdiction of Second Class Magistrate
Under Section 92 of the SCA 1948, claims of RM10,000.00 or less will be allocated to the Second Magistrates.
THE SESSIONS COURT
The Sessions Court is the highest of the Subordinate Courts.
Criminal jurisdiction of the Sessions Court
Under Section 63 of the SCA 1948, a Sessions Court has the jurisdiction to try all offences except death penalty matters. Under Section 64 of the SCA 1948, a Sessions Court may pass any sentence except the death penalty.
Civil jurisdiction of the Sessions Court
Under Section 65 (1) of the SCA 1948, a Sessions Court may try any civil matter, which claim(s) does not exceed RM1,000,000.00.
SUPERIOR COURTS
The 3 "Superior Courts" within the Malaysian judicial system are the High Court, the Court of Appeal and the Federal Court. All these Courts have appellate powers and this means that, they have the authority to hear appeals and thereafter, amend, alter, change, and/or revise any judgement (if necessary).
THE HIGH COURT
The High Court plays a "dual-role"; it acts as a "Court of first instance" and is the first stage of appeal for all matters from both, the Magistrates' and Sessions Court.
Civil jurisdiction of the High Court
The High Court may hear any civil matter where the claim(s) exceeds RM1,000,000.00.
Criminal jurisdiction of the High Court
Under Section 22 of the Courts of Judicature Act 1964 (the "CJA 1964"), the High Court has jurisdiction to try all and pass any sentence allowed by law.
THE COURT OF APPEAL
Appellate Jurisdiction of the Court of Appeal
Court of Appeal is the first stage of appeal for all matters arising from the High Court, including civil and criminal matters; but is the final stage of appeal for all matters that originated from the Magistrates' or Sessions Court.
Non-appealable Matters
Under Section 68 (1) of the CJA 1964, no appeal shall be brought to the Court of Appeal in the following cases:
- Amount of the claim is less than RM250,000, except with the leave of the Court of Appeal;
- Judgement or order is made by consent of the parties;
- Judgement or order relates to costs only which by law are left to the discretion of the Court, except with the leave of the Court of Appeal; and
- Where, by any written law for the time being in force, the judgement or order of the High Court, is expressly declared to be final.
Under Section 68(3) of the CJA 1964, no appeal shall lie from a decision of a Judge in Chambers in a summary way on an interpleader summons, where the facts are not in dispute, except by leave of the Court of Appeal, but an appeal shall lie from a judgement given in court on the trial of an interpleader issue.
Time limit for Appeal
Under Rule 12 of the Rules of the Court of Appeal 1994, no appeal shall be brought after the expiration of thirty (30) days.
THE FEDERAL COURT
Appellate Jurisdiction & Matters of Public Importance
The Federal Court is the final stage of appeal for all matters that originated at the High Court, for all civil and criminal matters. Notwithstanding that, lower courts may refer important questions of law directly to the Federal Court; an example of such are matters of public importance or constitutional matters.
Conditions of Appeal
Section 96 of the CJA 1964 sets out the requirements of appeal from the Court of Appeal to the Federal Court, as follows:-
- Any judgement or order of the Court of Appeal in respect of any civil cause or matter decided by the High Court in the exercise of its original jurisdiction, involving a question of general principle decided for the first time or a question of importance upon which further argument and a decision of the Federal Court would be to public advantage; or
- Any decision as to the effect of any provision of the Constitution including the validity of any written law relating to any such provision.
Leave to appeal
Section 97 (1) of CJA 1964 states that an application under Section 96 for leave to appeal to the Federal Court shall be made to the Federal Court within one (1) month from the date on which the decision appealed against was given, or within such further time as many be allowed by the Court.
Originally published October 16, 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
