THE COURT

SYSTEM
GROUP 11
PRESENTERS

• MUHAMMAD SHAFIQ BIN ESA

• NURUL SYAZA BINTI ABD. RAHMAN
• MOHD RIZAL BIN BASHARDIN
• NOR FATHIN BINTI MOHD RAZALI
• NUR AKMAR BINTI ABD SALAM

2
HIERARCHY
OF COURTS

3
FEDERAL COURT

4
 INTRODUCTION
FEDERAL COURT (FC)
• In 1994, the Federal Court Constitution and
the Courts of Judicature Act 1964, was
amended to accommodate the new Federal
Court (FC).
• The primary function of the FC today is to
hear civil and criminal appeals originating
from the decision of the Court of Appeal
(COA).
• The FC also hears appeals directly from
the High Court (HC) in respect of a
decision made by a High Court judge in
habeas corpus cases.
• There is only one FC unlike HCs created
by the Federal Constitution, namely the
HC of Malaya and the HC of Sabah &
Sarawak. All appeals and proceedings in
the FC are regulated by the Rules of The
Federal Court 1995.
5
 COMPOSITION
FEDERAL COURT
Article 122 (1) of the Federal Constitution:
• The President of the Court
• The President of the Court of Appeal
• The Chief Judges of the High Court
• Eleven other judges and such
additional judges as may be appointed
pursuant to Clause (1A)
Article 122(A) of the Federal Constitution
• The Yang di-Pertuan Agong acting on the
advice of the Chief Justice of the Federal
Court may appoint for such purpose or for
such period of time as he may specify any
person who has held high judicial office in
Malaysia to be an additional judge of the
Federal Court:
6
 QUORUM
FEDERAL COURT
• All appeals and proceedings in the Federal
Court are heard and disposed off by a panel
of three judges or such greater uneven
number of judges, for example five (5) or
even seven (7)
• In practice three (3) FC Judges sit to hear
and dispose off the appeals in the FC
Arulpagasan al Sandaraju v. PP
• 7 judges sat to hear the appeal.
• In this case the FC by a majority of 4 to
3 held that the prosecution must
establish its case beyond reasonable
doubt at the close of its case before the
accused could be called to enter his
defence.
7
JURISDICTION
FEDERAL COURT

8
JURISDICTION
FEDERAL COURT

9
 JURISDICTION
FEDERAL COURT

JURISDICTION TO HEAR APPEALS IN CIVIL CASES

• There is no absolute right to appeal in civil cases to the FC as all civil appeals to the FC against the
decision of the COA are by way of leave only.
• Leave to appeal from the COA to FC is a matter of discretion.
• All applications for leave to appeal must be made to the FC within one month from the date on which the
decision appealed against was given or within such time as allowed by the FC.
• Ordinarily the FC is not bound to give explicit reasons for granting or refusing leave
• i.e.: In Datuk Syed Kechik bin Syed Mohamed v The Board of Trustees of the Sabah
Foundation, Edgar Joseph Jr. FCJ noted that:

“It is not the practice of this court, nor as we understand it, the practice of the House of Lords, when
sitting in its judicial capacity hearing or refusing leave, save in circumstances where their Lordships
considered that they had no jurisdiction to entertain the application.” 10
 JURISDICTION
FEDERAL COURT

JURISDICTION TO HEAR APPEALS IN CRIMINAL CASES

• The jurisdiction of the FC to hear criminal appeal is explicitly stated under s.87(1) CJA 1964.

• “The FC shall have jurisdiction to hear and determine any appeal from any decision of the COA in its
appellate jurisdiction in respect of any criminal matter decided by the HC in its original jurisdiction
subject to any rules regulating the proceedings of the FC in respect of appeals from the COA.”

• An appeal to the FC may lie on a question of fact or a question of law or on a question of

mixed both fact and law.

• The FC also hears appeals directly from HC in habeas corpus cases. The FC also has
11 the
power to admit additional evidence in criminal appeals
COURT OF APPEAL

12
 INTRODUCTION
COURT OF APPEAL
• Was introduced by way of an amendment to
the Federal Constitution via the Constitutional
(Amendment) Act 1994 Act 885, which came
into force on 24th June 1994.
• The COA exercise purely appellate jurisdiction
and it hears civil and criminal appeals from the
decision made by the HC of Malaya and by the
HC of Sabah & Sarawak.
• The COA sits as the “final appeals court” for
cases originating from the Sessions Court and
Magistrates Court.
• The powers and jurisdiction of the COA is
governed by the Federal Constitution and the
CJA while the proceedings in the COA are
regulated by the Rules of Court of appeal 1994.
13
 ESTABLISHMENT
COURT OF APPEAL

• The establishment of the FC is expressly provided for under Article 121(B) of Federal Constitution;

• “There shall be a court which shall be known as the Mahkamah Rayuan (Court of Appeal) and shall
have its principal registry at such place of as the Yang di-Pertuan Agong may determine.”

• The COA today sits in the Palace of Justice in Putrajaya, where it has its principle registry. However,
the COA does go on circuit to major towns such as Penang, Ipoh, Melaka, Johor Bahru, Kuantan,
Kuching and Kota Kinabalu.

14
 COMPOSITION
COURT OF APPEAL

Article 122A (1) of the Federal Constitution:

• The Court of Appeal shall consist of a chairman.

• And also, until the Yang di-Pertuan Agong by order otherwise provides, of thirty-two (32) other judges.

15
 QUORUM
COURT OF APPEAL

Section 38 (1) CJA 1964 states:

• “Subject as hereinafter provided, every proceeding in the COA shall be heard and disposed of by three
Judges or such greater uneven number of Judges as the President in any particular case may determine.”

16
JURISDICTION
COURT OF APPEAL

17
 JURISDICTION
COURT OF APPEAL

JURISDICTION OF COURT OF APPEAL IN RELATION CIVIL APPEALS

 If the amount or value of the subject matter of the claim is less than RM250K except with the leave
of the Court.

 The judgment or order is made by consent of parties.

 The judgment or order relates to costs only.

 Where, by virtue of any written law the judgment or order of the High Court is final.

18
 JURISDICTION
COURT OF APPEAL

JURISDICTION OF COURT OF APPEAL IN RELATION CRIMINAL APPEALS

• The Jurisdiction of the COA in criminal appeals can be found under s.50 (1) of the CJA 1964 which
provides:

• “Subject to any rules regulating the proceedings of the COA in respect of criminal appeals, the COA
shall have jurisdiction to hear and determine any appeal against any decision made by the HC:

i) In the exercise of its original jurisdiction: and

ii) In the exercise of its appellate or revisionary jurisdiction:

• in respect of any criminal matter decided by the Session Court.”

19
HIGH COURT

20
HIERARCHY
OF COURTS

21
 BACKGROUND
HIGH COURT

• Headed by 2 Chief Judge (Peninsular and

THE HIGH COURT
Sabah & Sarawak)
• Article 122A of the FC - number of other
judges shall not exceeds 60 in HC of Malaya
High Court of and 13 in HC of Sabah and Sarawak.
High Court of
Malaya • Divided into divisions; e.g. criminal, appellate,
Sabah & Sarawak
commercial, probate etc.

22
 JURISDICTION
HIGH COURT

Civil ORIGINAL
Original • Possess “unlimited” criminal and civil
Criminal powers.
JURISDICTION
OF • Hears matters which cannot be
Appellate
determined in the subordinate courts.
HIGH COURTS
Supervisory
&
revisionary

23
 JURISDICTION
HIGH COURT
Civil Criminal
•Try cases where amount in dispute exceeds • Sec. 22(1)(a) CJA1964 - has jurisdiction
RM1,000,000.00 (1 mil.) over citizen and non-citizen and offences
•Exclusive powers committed within its territory
(Specific – Sec. 24 of CJA 1964)
•Divorce & matrimonial matters • Sec. 22(1)(b) CJA1964 - has jurisdiction
•Admiralty over citizens and permanent residents and
•Bankcruptcy & comp. offences committed outside Malaysia
•The app. & guardianship of infant & the (extraterritorial jurisdiction)
property • Hear criminal matters including death
•The app. & guardianship of disable person penalty
& the property
•Letter of administration
•Probate issues
24
 JURISDICTION
HIGH COURT
APPELLATE
• Hear civil & criminal appeals from the
Sessions and Magistrates Court.
• Civil – claim must exceed
Rm10,000
• Criminal – where a person has
pleaded guilty & has been
convicted
SUPERVISORY & REVISIONARY
• Has general supervisory and
revisionary jurisdiction over all
subordinate courts.
• Sec 31 CJA 1964 - has power to revise
criminal proceedings in subordinate
court.
• Sec 32 CJA 1964 – may call & examine
records of any civil proceeding in the
subordinate courts to satisfy itself.
• Sec 35 CJA 1964 - provides the High
Court with revisionary jurisdiction with
more general supervisory jurisdiction. 25
SESSIONS COURT

26
 BACKGROUND
SESSIONS COURT

• The highest in subordinate courts.

• Under the charge of the Sessions Court judge.

• It has original jurisdiction in criminal and civil matters.

27
 JURISDICTION
SESSIONS COURT
CIVIL

JURISDICTION Civil • Hear all civil cases for the value more than
RM100,000 and not exceeding RM1,000,000.
OF SESSIONS Criminal
COURTS Supervisor CRIMINAL
y • Hear all criminal cases except for the case
subject to death penalty.

SUPERVISORY
• Has a limited supervisory jurisdiction over Magistrate court.
• May call for and examine records of any civil proceedings in the Magistrate’ within the local
limits of the jurisdiction of the Session Court. 28
• If the decision is illegal or improper or the proceeding is irregular, the judge must forward
the record to the High Court. Necessary orders will be given by the High Court.
MAGISTRATES’ COURT

29
 BACKGROUND
MAGISTRATES’ COURT

First Class
MAGISTRATES' Magistrate
COURTS Second Class
Magistrate

30
 JURISDICTION
MAGISTRATES’ COURT

JURISDICTION OF General First Class

MAGISTRATES' Magistrate
COURTS Specific
Second Class
Magistrate
GENERAL
• Try civil and criminal cases within local limits of jurisdiction assigned.
• May issue summons, writs, warrants or other process.
• May make interlocutory or interim orders such as adjournment, remand and bail.
31
• May also conduct inquest or inquiries of death.
 JURISDICTION
MAGISTRATES’ COURT
SPECIFIC (1ST CLASS MAG.)
• The amount in dispute or value of the
subject matter does not exceed
RM100,000.00
• Try all offences punishable with up to ten
years’ imprisonment or with a fine only and
offences under Sec. 392 and 457 of the
Penal Code.
• They may pass any sentence allowed by
law but not exceeding:
• 5 years imprisonment
• a fine up to RM10,000.00
• whipping up to 12 strokes; or
• Any of the above sentences combined.
SPECIFIC (2ND CLASS MAG.)
• Performs minor functions such as
granting bail and mentioning cases
• Try offences – maximum term of
imprisonment does not exceed 12
months or offences punishable with a
fine only.
• May pass any sentence allowed by law:
• Not exceeding 6 months’
imprisonment
• A fine of not more than RM1000
• Any sentence combining either of
the aforesaid sentences
32
SMALL CLAIMS COURT

33
HIERARCHY
OF COURTS

34
 INTRODUCTION
THE SMALL CLAIMS COURT
• The Small Claims Court or The Small Tribunal is a court that will handle a civil dispute for claims that not
exceed RM 5,000.

• The purpose of this court is to hear cases between the plaintiff and defendant so the cases wouldn’t be lengthy
and expensive.

• There is no legal representative from advocates and solicitor required for both of the parties but in some, there
are exception when the court demands a defendant being represented by an authorized person.

• The procedure involving The Small Claims Court is governed under Order 93 of the Rules of Court 2012.

• The trial in The Small Claims Court usually conducted in Malay but for some cases the parties involve can
apply for the trials to be conducted in English or request an interpreter to be present so the proceedings can be
delivered in other languages. 35
 ESTABLISHMENT
THE SMALL CLAIMS COURT

• The Small Claims Court was introduced as an experiment by Justice Harun Hashim.

• In March 1987, the Dewan Rakyat passed the Subordinates Courts (Amendment) Act 1987 to Subordinate
Court Committee to establish the court.

• The Small Claims Court practice direction by then was putted under Order 54 of the Subordinate Courts
Rules.

• After the establishment of Rules of Court 2012 The Small Claims Court practice direction is now included in
Order 93 Rules of Court 2012.

• Order 93 Rules of Court 2012 has effect in proceedings in the Magistrates Court between “ an individual
plaintiff and a defendant. 36
 COMPOSITION &JURISDICTION
THE SMALL CLAIMS COURT

• The Small Claims Court composition is the same as the Magistrate’s Court.

• The Small Claims Court is under the Magistrate’s Court Jurisdiction.

• The trial usually will be handled by a Second Class Magistrate.

• The Jurisdiction of Magistrate’s court in civil dispute is governed by monetary limits

• This is because the claim that can be made by the plaintiff can’t be more than RM 5000

37
PENGHULU COURT

38
 INTRODUCTION
PENGHULU COURT

• The Penghulu Court can be only be found in West Malaysia

• The Penghulu’s Court is classified under Section 3(2) Subordinate Court Act 1948.

• This court is presided by the Penghulu committee with a very limited jurisdiction both in civil
and criminal matters.

• Only Asian races can be tried in the Penghulu’s Court and can speak and understand the
Malay Language.

39
 CIVIL JURISDICTION
PENGHULU COURT

• The Penghulu’s Court can hear and determine a case from civil dispute according to Section 94
Subordinate Court Act 1948.

• Amount of debt or liquidated demand of money shall not exceed RM 50.

• The charged person in the Penghulu’s Court have the right to transfer the trials to the Magistrate’s
Court.

• Orders issued by this court are not strictly enforceable.

40
 CRIMINAL JURISDICTION
PENGHULU COURT

• As same as the civil jurisdiction, the criminal jurisdiction of the Penghulu’s Court is also very limited.

• The Penghulu’s court only held trials regarding minor offences.

• The jurisdiction of this court regarding criminal offences can be seen in Section 95(1) Subordinate
Courts Act 1948.

41
 APPEAL AGAINST THE DECISION OF THE PENGHULU’S COURT

PENGHULU COURT

• All appeal against decision that have been decided by the Penghulu’s Court lies to a First Class
Magistrates.

• This is according to Section 86 Subordinate Court Act 1948.

• A First Class Magistrate shall have all the jurisdiction to hear and determine criminal appeal by
persons convicted by a Penghulu’s Court.

• Within its jurisdiction the Magistrate’s Court have all the power to alter and reverse the desicion
made by the Penghulu’s court.

42
MARTIAL COURT

43
 INTRODUCTION
MARTIAL COURT

• Established under the Armed Forces Act 1972 (Act 77)

• The procedure of the martial court is governed by the Armed Forces (Court Martial) Rules of
Procedure 1976

• Peer-trial concept

• Martial court are not standing courts

• Handle cases related to disciplinary problems among members of the Malaysian Armed Force

• Does not handle civil or criminal cases

44
 PERSON SUBJECT TO MILITARY LAW

 Section 209: Person subject to service law: General provisions

 Every officer holding a commission of Yang di-Pertuan Agong issued under Section 6 AFA
 Every person appointed by the Armed Forces Council under Section 10 AFA
 Every serviceman of the regular forces

 Section 212 (1): Application of the Act to civilians

 Civilians who is employed by or in the service of or who follows or accompanies the regular forces
or that part of the regular forces which is on active services

 Section 213: Application of the Act to reserve and volunteer forces

 Reservist of the Regular Forces Reserve
 Members of the volunteer forces
45
 JURISDICTION
Section 103 (1): Jurisdiction and power of court-martial
 A court-martial shall have the power to try any person subject to service law under this Act for any offence
which, under this Act, is triable by court-martial and to award for any such offence any punishment authorized
by this Act for that offences.

 Section 104: Convening Authorities

 (1) Court-martial may be convened by any qualified officer so authorized by Yang di-Pertuan Agong by
warrant or by any officer under the command of an officer authorised as a foreside to whom the last- mentioned
officer has, in the exercise of a power conferred by the warrant issued to him, delegated his power to
convene martial court.

 (2) Qualified officer means:

a) Chief of the Armed Forces Staff
b) Chief of the Army
c) Chief of the Navy
d) Chief of the Air Force 46

e) Any officer not below rank of colonel or its equivalent who is in command of a body of troops or of a
naval command or of a body of the air force
 HIERARCHY
MARTIAL COURT
Mar
tial
Civil High
Hig Reviewing case

Court
h
Cou
Martial
rt
Subordinate Court 47
MARTIAL SUBORDINATE COURT

 Accused:
 An officer of or UNDER the rank staff-sergeant

 Convening Authorities:
 Section 105 (1): A court-martial shall consist of the president and not less than two other officers.

 Section 105 (3): Has been an officer in any of the armed forces for a period of not less than 2 years or
for periods amounting in the aggregate to not less than 2 years.

 Section 105 (5): The president shall be appointed by the order of the CO and shall not be under the rank
of Major or its equivalent. In any event the president shall not be under the rank captain or its equivalent.

48
MARTIAL HIGH COURT

 Accused:
 An officer of or ABOVE the rank staff-sergeant.

 Convening Authorities:
 Section 103 (2): The trial of an officer or a warrant officer shall consist of at least 5 officers

 Section 105 (4): The president shall be an officers of or above the rank of lieutenant-colonel or
its equivalent and shall be appointed by the order of the convening officer (CO).

 Section 105 (6): when the accused is of or above the rank of brigadier-general or its equivalent,
the president of a martial court shall be of or above the rank of the accused and the other
members shall be of or above the rank of lieutenant-colonel or its equivalent.
49
TRIAL PROCEDURE
 Section 110 (1): a court-martial shall sit in open court and in the presence of the accused
 Condition when court-martial shall sit in closed court:
 Section 110 (3): while deliberation their finding or sentence on any charge
 Section 110 (5): no person shall be present except the members of the court and such other persons
are may be prescribed

Section 112 (1): the decisions of the martial court shall be determined by a majority of the votes
of the members of the court.

Section 112 (2): In the case of an equality of votes on the finding, the court shall acquit the
accused.

Section 112 (5): in the case of an equality of votes on the sentence or on any question arising
after the commencement of a trial, except the finding, the president shall have a second or
casting vote. 50
PUNISHMENT
 Punishment: under Section 89 until section 92
 Scale of punishment:
 Death
 Imprisonment for a term not exceeding 14 years
 Detention for a term not exceeding 2 years
 Dismissal with disgrace
 Dismissal
 Forfeiture of seniority of rank
 Fine
 Severe reprimand
 Reprimand
 Field punishment

 Section 103 (3): A court-martial consisting of less than 5 officers shall not award any punishment higher
than imprisonment for two years 51

 Section 127 (1): a sentence of death which has been confirmed shall not be carried into effect unless
approved by the Yang di-Pertuan Agong.
REVIEW OF SENTENCE AND
APPELLATE JURISDICTION

• The punishment imposed by the Court Martial can be appealed in the Civil High Court.

• Article 42 of Constitution of Malaysia 1957: Pardons Board

 (1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect
of all offences which have been tried by court-martial and all offences committed in the
Federal Territories of Kuala Lumpur and Labuan; and the Ruler or Yang di-Pertua Negeri of a
State has power to grant pardons, reprieves and respites in respect of all other offences
committed in his State.

52
NATIVE COURT

53
 INTRODUCTION
NATIVE COURT

 The present Native Courts is a State legal institution created under the Native Courts Ordinance, 1992.

 Native Courts function as a unit under the Chief Minister’s Department

 Comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak

54
 FUNCTION
NATIVE COURT

To hear and decide any dispute over any matter or cause between the natives to be subject to any
system of personal law and the determination of the dispute is based on the Customary Law or custom.

To hear and determine any application from any native who applies to be identified as natives for the
purpose of obtaining native land or native customary rights land through inheritance.

55
NATIVE COURT
IN SABAH
The Native Courts Enactment 1992
CONSTITUTION & ORGANISATION
• Section 5 (2): consist of a Judge as President, and two other members who shall be
District Chiefs or Native Chiefs to be appointed by the Minister to be members of such
Native court
Court of
Appeal
• Section 4 (2): consist of the District Officer of the district as the presiding member and two
other members who shall be District Chiefs or Native Chiefs resident within the district duly
District empowered by the State Secretary to adjudicate in such court.
Native
Court
• Section 3 (2): consist of the District Chiefs as the presiding member and two other members
who shall be Native Chiefs or Headmen resident within the territorial jurisdiction of such
Native Native Court duly empowered by the State Secretary to adjudicate in such court
Court
57
 JURISDICTION

Section 6 (1): Every Native Court shall exercise original jurisdiction to the extent set forth and subject to
the provisions of this Enactment to hear, try, determine and dispose of the following cases:
a) cases arising from breach of native law or custom in which all the parties are natives;

b) cases arising from breach of native law or custom, religious, matrimonial or sexual, if the written
sanction of the District Officer acting on the advice of two Native Chiefs has been obtained to
the institution of the proceedings, where one party is a non-native;

c) cases involving native law or custom relating to-

i. bethrothal, marriage, divorce, nullity of marriage and judicial separation;
ii. adoption, guardianship or custody of infants, maintenance of dependants and legitimacy;
iii. gifts or succession testate or intestate; and

d) other cases if jurisdiction is conferred upon it by this Enactment or any other written law. 58
PUNISHMENT

 Section 10 (1): Power to impose penalties and to make orders.

For offences against native law or custom, a Native Court may:-

a) impose a fine; or
b) order imprisonment; or
c) award both fine and imprisonment; or
d) inflict any punishment authorised by native law or custom not being repugnant to natural
justice and humanity

Provided that such fine or imprisonment shall not exceed the amount or the term, as the case may
be, or a combination thereof, as may be conferred by federal law.

59
NATIVE
COURT IN
SARAWAK
The Native Courts Ordinance 1992
ORGANISATION STRUCTURE
District Officer
Administration - Discharging the duties and functions
Chief Registrar
& Finance of the Registrar for their respective
District

NATIVE District Native Court

COURT
Chief's Superior Court

Chief's Court
Judiciary
Headman's Court

Native Court of Appeal 61

Appellate Courts
Resident's Native Court
CONSTITUTION OF THE NATIVE COURT

District Native Court • consists of a Magistrate and two Assessors

• consists of a Temenggong or a Pemanca sitting with

two Assessors, or;
Chief's Superior Court
• both Temenggong and Pemanca sitting with one
Assessor

Chief's Court • consists of a Penghulu and two Assessors

Headman's Court • consists of a Headman and two Assessors

62
 •The Native Court of Appeal is the final court of appeal in the Native Court system
in respect of civil cases and land disputes
• Shall consist of:
 The President
 President of the Majlis Islam or the Ketua Majlis Adat Istiadat
Native Court of  A person who is or has been appointed a Temenggong
Appeal
• The President of the Native Court of Appeal must be a person holding or has
held the office of a Judge of the High Court or is qualified under the Federal
Constitution to be appointed as a Judge of the High Court
• The tenure of office of the President shall be for a period as stipulated in the
instrument of appointment but shall not exceed three (3) years

• shall be constituted by a person who is the Resident of the Division

and sitting with not less than 2 Assessors but not more than 4
Resident's Native Assessors. 
Court • The Assessors must be persons versed in customary law relevant
to the determination of the appeal. 63
 PUNISHMENT

 Section 11: Power To Impose Penalties

 District Native Court: Imprisonment not exceeding 2 years and a fine not exceeding RM 5,000.00

 Chief's Superior Court: Imprisonment not exceeding 1 year and a fine not exceeding RM 3,000.00

 Chief's Court: Imprisonment not exceeding 6 months and a fine not exceeding RM 2,000.00

 Headman's Court: Fine not exceeding RM 3,000.00.

However the above limitation may not prevent a native court to award compensation in excess of it, if it is
authorised under the Adat.
64
 Section 18: Imprisonment In Default of Penalty

 A Native Court may direct an offender to suffer a period of imprisonment for default of payment
of penalty, in accordance with the following scale:

 Penalty ≤ RM 50 → period of imprisonment shall not exceed 1 month

 RM 50 ≤ Penalty ≤ RM 100 → period of imprisonment shall not exceed 2 months

 RM 100 ≤ Penalty ≤ RM 200 → period of imprisonment shall not exceed 4 months

 RM 200 ≤ Penalty ≤ RM 500 → period of imprisonment shall not exceed 6 months

 Penalty ≥ RM 500 → period of imprisonment shall not exceed 12 months

65
COURT FOR CHILDREN

66
 HISTORICAL
COURT FOR CHILDREN

ORIGINALLY
• Juvenile Court introduced in 1947
through Juvenile Court Ordinance.
• Established to hear criminal cases that
committed by a child.
AMEND
• In 2002- Court for Children established
in accordance with provision under
Child of Act 2001.
• Provide legal protection to the children
whether they are brought to the court
as offenders or victims of criminal acts
of the other persons

67
 ESTABLISHMENT AND COMPOSITION
COURT FOR CHILDREN

ESTABLISHMENT COMPOSITION
• Section 11(1) of the Child Act 2001 • Chaired by Magistrate5 (First Class
Magistrates).6
• Purpose of the Court for Children is to hear,
determine or dispose of any charge against a • Assist by two court advisors.
child.
• One of the advisor shall be a woman.
• “Child” - a person under the age of 18 years 1
and who has attained the age of criminal
responsibility.2

68
1
Section 2 of the Child Act 2001
5
Section 11 (2) of the Child Act 2001
2
Section 82 of the Penal Code
6
Section 15 (4) of the Child Act 2001
 JURISDICTION AND PROCEEDING
COURT FOR CHILDREN

JURISDICTION PROCEEDING
• Criminal Jurisdiction - Adjudicate all • Must be conduct in different building or different
criminal cases committed by children day from of other court. 7
other than cases sentenced with the
death penalty. • It is a closed proceeding. Only person whom
directly involved with case can be in court.8
• Civil Jurisdiction - hear all applications
related to the protection and • Attendance of parents are compulsory.9
rehabilitation of the children.3
• The child can either pleaded or not to admit the
• If a child commits a crime together with
fact of the offense rather than pleading guilty or
an adult, the trial will be heard in the
adult criminal court.4 not guilty.10 69
7
Section 12 (1) and (2) of the Child Act 2001
8
Section 12 (3) of the Child Act 2001
3
Section 11 (5) of the Child Act 2001 9
Section 88 of the Child Act 2001
4
Section 83 (4) of the Child Act 2001 10
Section 90 (3) of the Child Act 2001
 SENTENCING
COURT FOR CHILDREN

• Admonish and discharge.

• Probation order: The child will be placed under the supervision of a probation officer for a
specified period.

• Henry Gurney school: If the offence committed is very serious, the child will be sent to Henry
Gurney school for a period of 3 years, or until he reaches the age of 21.

70
SPECIAL COURT

71
INTRODUCTION

SPECIAL COURT

• Established in 1993.

• Hears and try cases brought against Yang di-Pertuan

Agong or the rulers of the states of Malaysia involving
his personal capacity only.1

• Not part of hierarchy of court in Malaysia.

72
1
Article 182 (1) and (2), Part XV of Federal Constitution
 COMPOSITION AND JURISDICTION
SPECIAL COURT
COMPOSITION
• Chief Justice of the Federal Court
• Chief Judges of the High Courts
• Two other persons who hold or have
held office as judge of the Federal
Court or High Court appointed by the
Conference of Rulers.2
2
Article 182 (1), Part XV of Federal Constitution
JURISDICTION
• Can try all offences/civil cases committed in the
Federation by the Yang Di-Pertuan Agong or the Ruler
of a state.3
• Has same jurisdiction as inferior courts, the High Court
and the Federal Court.4
• To commence criminal or civil action, only with the
consent of the Attorney–General.5
• The decision made by the Court cannot be dispute by
any other court.6
3
Article182 (3) of the Federal Constitution
4
Article182 (4) of the Federal Constitution 73
5
Article183 of the Federal Constitution
6
Article182 (6) of the Federal Constitution
 CASE
SPECIAL COURT

FARIDAH BEGUM BTE ABDULLAH v SULTAN HAJI AHMAD SHAH (1996)

• This was defamation suit brought by Faridah Begum (a Singaporean businesswoman)

against Sultan Haji Ahmad Shah. The Attorney General consented, allowing the Special
Court to hear the case. The court interpreted Article 155, 181, 182 and 183 and held
that the right to sue the Ruler belonged only to Malaysian citizen. Since Faridah Begum
was a Singaporean, she can’t bring the action against Sultan Haji Ahmad Shah.

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SYARIAH COURT

75
 INTRODUCTION
SYARIAH COURT

• Separate system from Malaysian legal system.

• Its’ jurisdiction only apply to Muslim over matters of family law and religious observances.

• Establishment of Syariah courts fall under the jurisdiction of the State.1

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1
Ninth Schedule of the Federal Constitution, Item 1 of List II (State List)
 JURISDICTION
SYARIAH COURT
CIVIL JURISDICTION
• Includes matters relating to personal and
family law of the Muslims in the state.
• Hear and determine the dispute in any
case which relates to Section 46(2)(b) of
Administration of Islamic Law (Federal
Territories) 1993 (Act 505).
CRIMINAL JURISDICTION
• Categorised into six classes; matrimonial offences,
offences relating to sex, offences relating to
consumption of intoxicants, offences relating to
spiritual aspect of Muslim communal life, offences
relating to the sanctity of the religion, and
miscellaneous offences apart from those mentioned.
• Jurisdiction regarding criminal matters is limited to that
conferred by the Federal Constitution.
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HIERARCHY OF SYARIAH COURT

SYARIAH APPEAL COURT

SYARIAH HIGH COURT

SYARIAH SUBORDINATE COURT

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HIERARCHY OF SYARIAH COURT

SYARIAH SUBORDINATE COURT

• Hear and decide cases to be heard only in accordance with the provisions
under Section 47 (1) of the Administration of Islamic Law Act 1993.

• Maximum punishment does not exceed three thousand ringgits, or

imprisonment for a term of two years or both.

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 HIERARCHY OF SYARIAH COURT

SYARIAH HIGH COURT

• The Yang di-Pertuan Agong may, on the advice of the Minister, after consultation with the
Majlis, appoint Judges of the Syariah High Court.

• In criminal proceeding, try committed offense under the Enactment or the Islamic Family
Law.2

• In civil jurisdiction, hear and determine all actions and proceedings in which all the parties
are Muslims such as relationship between husband and wife, property, guardianship or
custody, wills, gifts, wakaf and other matters in respect of which jurisdiction is conferred by
any written law. 3

• Supervisory and revisionary jurisdiction over all Syariah Subordinate Courts.

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2
Section 46 (2) (a) of Administration Of Islamic Law (Federal Territories) Act 1993
3
Section 46 (2) (b) of Administration Of Islamic Law (Federal Territories) Act 1993
 HIERARCHY OF SYARIAH COURT

SYARIAH APPEAL COURT

• The Yang di-Pertuan Agong may, on the advice of the Minister, after consultation with
the Majlis, appoint Judges of the Syariah Appeal Court.

• Hear and determine any appeal against any decision made by the Syariah High Court
in the exercise of its original jurisdiction.4

• Supervisory and revisionary jurisdiction over the Syariah High Court. 5

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4
Section 52 of Administration Of Islamic Law (Federal Territories) Act 1993
5
Section 53 of Administration Of Islamic Law (Federal Territories) Act 1993
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THANK YOU!

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