Administration of JusticePart 2

First class magistrate

Criminal jurisdiction

S 85 SCA

“…a First Class Magistrate shall have jurisdiction to try all offences for which the maximum term of imprisonment provided by law does not exceed ten years imprisonment or which are punishable with fine only and offences under sections 392 and 457 of the Penal Code.”

(Note: S 392 Penal Code robbery S 457 Penal Code house-breaking

and lurking house-trespass)

Sentences within competence of First Class Magistrate

S 87 SCA

“A First Class Magistrate may pass any sentence allowed by law not exceeding— (a) five years’ imprisonment; (b) a fine of ten thousand ringgit; (c) whipping up to twelve strokes; or (d) any sentence combining any of the

sentences aforesaid”

Second Class Magistrate

Criminal jurisdiction

S 88 SCA

“A Second Class Magistrate shall only have jurisdiction to try offences for which the maximum term of imprisonment provided by law does not exceed twelve months’ imprisonment of either description or which are punishable with fine only”

Sentences within competence of Second Class Magistrate

S 89 SCA

“A Second Class Magistrate may pass any sentence allowed by law— (a) not exceeding six months’

imprisonment; (b) a fine of not more than one thousand

ringgit; or (c) any sentence combining either of the

sentences aforesaid.”

Sessions Court

Criminal jurisdiction

S 63 SCA

“A Sessions Court shall have jurisdiction to try all offences other than offences punishable with death”

Sentences

S 64 SCA

“A Sessions Court may pass any sentence allowed by law other than the sentence of death.”

High Court

Criminal jurisdiction

S 22(1) CJA

“The High Court shall have jurisdiction to try—

(a) all offences committed— (i) within its local jurisdiction; (ii) on the high seas on board any ship or on any

aircraft registered in Malaysia; (iii) by any citizen or any permanent resident on

the high seas on board any ship or on any aircraft; (iv) by any person on the high seas where the

offence is piracy by the law of nations…”

Sentences

S 22(2) CJA

“The High Court may pass any sentence allowed by law”

Court of Appeal

Jurisdiction to hear and determine criminal appeals

S 50 CJA “…the Court of Appeal shall have

jurisdiction to hear and determine any appeal against any decision made by the High Court— (a) in the exercise of its original jurisdiction;

and (b) in the exercise of its appellate or

revisionary jurisdiction in respect of any criminal matter decided by the Sessions Court”

Powers of Court of Appeal S 60(2) CJA

“At the hearing of an appeal the Court of Appeal may, if it thinks that a different sentence should have been passed, quash the sentence passed, confirmed or varied by the High Court and pass such other sentence warranted in law (whether more or less severe) in substitution therefor as it thinks ought to have been passed.”

Federal Court – Appellate jurisdiction

Jurisdiction to hear and determine criminal appeals

S 87(1) CJA

“The Federal Court shall have jurisdiction to hear and determine any appeal from any decision of the Court of Appeal in its appellate jurisdiction in respect of any criminal matter…”

Powers of Federal Court

S 92(2) CJA

“At the hearing of an appeal the Federal Court may, if it thinks that a different sentence should have been passed, quash the sentence passed, confirmed or varied by the Court of Appeal and pass such other sentence warranted in law (whether more or less severe) in substitution therefor as it thinks ought to have been passed.”

Federal Court – Original jurisdiction

Original Jurisdiction-- Jurisdiction and powers

S 81 CJA

“Save as hereinafter in this Act provided the Federal Court for the purposes of its jurisdiction under Article 128(1) and (2) of the Constitution (herein called the “original jurisdiction”) shall have the same jurisdiction and may exercise the same powers as are had and may be exercised by the High Court.”

Article 128(1) FC

“…the Federal Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdiction— (a) any question whether a law made by parliament or

by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to which parliament or, as the case may be, the Legislature of the State has no power to make laws; and

(b) disputes on any other question between States or between the Federation and any State.”

Judgment to be declaratory S 82 CJA

“The Federal Court in the exercise of its original jurisdiction under Article 128(1)(b) of the Constitution in respect of a dispute between States or between the Federation and any State shall not pronounce any judgment other than a declaratory judgment.”

Federal Court-- Referral jurisdiction

(2) without prejudice to any appellate jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination.

Federal Court – Advisory jurisdiction

Advisory jurisdiction of Federal Court

Article 130 FC

“The Yang Di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.”

Shariah Court

The constitution, organization and procedure of the Shariah courts are established by the State legislature with the exception of the Federal Territories where power is vested with the Parliament.

Item 1 State List FC

“the constitution, organization and procedure of Syariah courts, which shall have jurisdiction only over persons professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so far as conferred by federal law”

Three-tier system

SHARIAH SUBORDINATE COURT

SHARIAH HIGH COURT

SHARIAH APPEAL COURT

Sukma Darmawan v Ketua Pengarah Penjara Malaysia [1999] 2 MLJ 241 FC