Courts Jurisdiction (Criminal)

Introduction
- Sec 6 CPC: The Courts which are involved in the administration of
criminal justice are:
Courts to be Open vs In Chambers
a) Federal Court - All inquiry and trial of offence shall be deemed an open court and public court
b) Court of Appeal to which the public generally may have access (Sec 101 SCA 1948) and in #Lee
Boon Tuan v PP[1960] there is nothing in the code which limits the right of the
c) High Court court to conduct any inquiry
d) Sessions Court - In Chambers usually only with the judge without the public
e) Magistrate Court
f) Court for Children

REDZA ZAKARIA LLM (UKM), LLB (HONS) LONDON, CLP 1

 2nd class magistrate

-Trial jurisdiction:  Section 88 SCA 1948: Can try offences:-

a) Max term of imprisonment does not exceed 12 mths; or
b) Punishable with a fine only (provided that if he opines punishment will be inadequate, he shall adjourn
the case for trial by 1st class Magistrate
- Sentencing jurisdiction:  Section 89 SCA 1948: May pass any sentence allowed by law:-
a) Not exceeding 6 mths imprisonment;
b) Fine of not more than RM1k; or
c) Any combination above
- Other powers:
a) Section 83 SCA 1984: May issue summons, writ, warrant, may make orders on bail, remand,
adjournment, execution of judgment, and transfer of Session Court
b) Section 117 CPC  May issue remand order

1st class magistrate

- Trial jurisdiction  Section 85 SCA 1984, can try offences:-

a) The max imprisonment does not exceed 10 yrs; or
b) Punishable with fine only; or
c) Section 392 & 457 PC
- Sentencing jurisdiction: Section 87(1) SCA 1948:- may pass any sentence not exceeding:-
a) 5 yrs imprisonment;
b) Fine of RM10k;
c) Whipping up to 12 strokes; or
d) Any combination above

REDZA ZAKARIA LLM (UKM), LLB (HONS) LONDON, CLP 2

 1st class magistrate

Exceptions:-
- Proviso to Section 87(1) SCA 1948
- 3rd Schedule & Section 99A SCA 1948: Dismiss proceedings
- Section 41 DDA 1952: Can  i) Try an offence except Section 39B; ii)Prison –
not exceeding 5 yrs
- Section 118 Customs Act 1967: May order max fine of RM25k
- Section 87(2) SCA 1948
#Tengku Hitam (Hashim J): Held Mg may invoke Section 87(2) if evidence
shows sentence is inadequate
#Abdul Wahab (Sharma J): Section 87(2) only invoked if evidence of his
previous convictions or antecedents is given after conviction but before
sentence
#Govindan: Mg passed 3 yrs imprisonment for theft even though A had 11
previous convictions. HC (Augustine Paul J) said that Section 87(2) should have
been invoked as A deserved heavier punishment
Other Powers:
for res judicata and multiplicity of proceedings, lateral
transfer, punishment of corporation (#Dunlop Malaysian
Industries Bhd v PP: Mg fined corp for pollution and 1 day
imprisonment, later appealed was allowed  Sentence of
imprisonment set aside)
- Section 83 SCA 1948: May issue summons, writ, warrant;
may make orders on bail, remand, adjournment, execution
of judgment, and transfer to Session Ct
-Section 9 CPC: Shall hear criminal trials; inquire into
complaints of offences and summon and examine
witnesses; issue search and arrest warrants; hold death
inquiries; do as given in any written law
- Reference of constitutional question by subordinate court
to HC: Section 30(1) CJA 1964 (#Repco Holdings Bhd)

REDZA ZAKARIA LLM (UKM), LLB (HONS) LONDON, CLP 3

 Sessions Court

Trial jurisdiction:
- Section 63 SCA 1948: May try all offences other than offences punishable with death
- #Nadarajah [2000]: A was tried in the Sess Ct for an offence under Section 506 PC. Defence objected
that it should be tried in MC  Held: Section 85 does not exclude the trial jurisdiction of Ses Ct
(Article145(3) FC & Section 376 CPC, PP has power to institute proceedings in any court)
Sentencing jurisdiction:
- Section 64 SCA 1948: Ses Ct may pass any sentence allowed by law other than sentence of death
- Ses Ct may also pass sentence of whipping up to max 24 strokes: #Bachik b Abdul Rahman [2004]
- Reference of constitutional question by subordinate court: Section 30(1) CJA 1964: Ses Ct President
may stay proceedings and transmit record to HC (#Repco Holdings Bhd)

High Court

- Article 121(1) FC  Est 2 HCs of co-ordinate jurisdiction: a) HC of Malaya; and b) HC of

-Power to determine effect of constitutional provision referred by Sub Ct: Section 30 CJA
1964; #Repco Holdings Bhd
Inherent jurisdiction:- a) #Chew Wai Keong v PP: A’s application to acquit and discharge for
kidnapping under the inherent powers of the court was dismissed. The inherent powers of HC
is to prevent injustice/abuse of the process of the court. It cannot be used to override an
express provision of law/where there is alternative remedy.
Borneo
- Trial jurisdiction: Section 22(1) CJA 1964  Can try all offences under PC and written law
- Sentencing jurisdiction: Section 22(2) CJA 1964  HC may pass any sentence allowed by
law
- Appellate jurisdiction: HC shall hear appeal from subordinate courts
Revisionary powers: a) Section 31 CJA 1964: HC may exercise powers of revision; b)
Section 35 CJA 1964: HC hall have general supervisory and revisionary jurisdiction

b) #Karpal Singh & Anor v PP: Supreme Ct held HC has inherent powers where there are
obvious abuses of its process and other forms of material defects. A’s application to strike out
the proceedings for oppression and prejudice under the inherent jurisdiction were rejected

1964

REDZA ZAKARIA LLM (UKM), LLB (HONS) LONDON, CLP 4

 Court of Appeal

Appellate jurisdiction:
- Section 50(1) CJA 1964: CA shall have jurisdiction to hear and determine any appeal against any
decision made by HC: In exercise of its original jurisdiction; and in exercise of its appellate or
revisionary jurisdiction in respect of any criminal matter decided by the Ses Ct
- Criminal matter was originally decided by Mg Ct:
a) Section 50(2): If the accused appeals, leave of CA must be obtained, such appeal shall be
confined to only questions of law
b) Section 50(3): If the prosecution appeals, no leave of CA is required but notice of appeal must
be signed by PP, SG or any officer authorised by PP
- Criminal matter was originally decided by Ses Ct/HC: Section 50(4)  No leave is required, appal
may lie on a question of fact/law or both
Other powers: CA may punish for any contempt of court  Article 126 FC & Section 13 CJA 1964

Federal Court

Appellate jurisdiction:
- Articles 121(2)(a) & 128(3) FC, Sections 86 & 87 CJA 1964  Federal Ct shall have jurisdiction to determine appeals from
decisions of CA, HC or a judge
- Section 87(2) CJA 1964: Notice of any appeal by PP shall be given by PP, SG or any officer authorised by PP
- Determination of constitutional qn referred to it by HC: Section 84 CJA 1964
Inherent jurisdiction:-
- Rule 137 RFC 1995: FC has inherent powers to hear any application or to make any order to prevent injustice or abuse of the
process of the court
- #Tan Sri Eric Chia Eng Hock v PP [2007]: FC cannot use its appellate jurisdiction bcos HC used its revisionary jurisdiction under
Section 31 and 35 CJA 1964. However FC (Augustine Paul FCJ) may invoke its inherent power under r.137 to prevent injustice or
abuse of the process of the court where there is no other remedy
Other powers: FC may punish for any contempt of court  Article 126 FC & Section 13 CJA 1964

REDZA ZAKARIA LLM (UKM), LLB (HONS) LONDON, CLP 5

 Others

Local Jurisdiction
Irregularities Proceedings
GR:
- GR: Irregularities in criminal proceedings may be cured if there is no
failure of justice:- - Sec 121 CPC
a) Sec 419 CPC - Sec 2(1) CPC
b) Sec 420 CPC - Sec 3 CJA 1964: ‘Local jurisdiction’:- i) HC in Malaya  all
territories; ii) HC in Sabah & Sarawak  all territories
c) Sec 421 CPC
Exceptions to GR  A may be tried where: Sec 122 CPC: Act is
d) Sec 422 CPC done or the consequence ensues: Illus (a)
- Sec 123: Act is an offence by reason of relation to other
offence:- Illus (a) Illus (b) Illus (c)
Extra Territorial Jurisdiction:- Sec 127A CPC: A may be tried for offences committed out of
M’sia such as those under; Chapter IV PC; Offences against the State; Chapter IVA PC - Sec 124
;Offences relating to terrorism; Any written laws specified in the Schedule to the Extra- - Sec 125
Territorial Offences Act 1976; or Any other written law certified by the AG to affect the - Sec 126
security of M’sia - Sec 127
#Rajappan [1986]: SC said that the extra-territorial offences include:- a Offences under Where offence runs from outside M’sia to within M’sia,
Chapter VI of the PC; b) Offences under OSA 1972; c) Offences under Sedition Act 1948; d)
offender will be tried within jurisdiction:-
Offences under the Prevention of Corruption Act 1961 a) #Yong Nam Seng
b) #Loh Ah Hoo
Offence of bigamy – Previously in #Nai Prasit & #Rajappan: HELD that the Court had no
c) NB: #Lee Szu Yin
jurisdiction to try the offence of bigamy committed outside of Msia; Presently, Sec 494 PC
& Law Reform (Marriage & Divorce) Act 1976

REDZA ZAKARIA LLM (UKM), LLB (HONS) LONDON, CLP 6