Administration of justice-- Specialised Courts & Tribunals

Court for Children

Pursuant to the Child Act 2001 Formerly “Juvenile Court” – now

abolished. Deals with criminal offences created

by a child.

Criminal responsibility of a child S 82 Penal Code “Nothing is an offence which is done by a

child under ten years of age.”

S 83 Penal Code “Nothing is an offence which is done by a

child above ten years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.”

S 113 Evidence Act “It shall be an irrebuttable

presumption of law that a boy under the age of thirteen years is incapable of committing rape”.

Court for Children

“Child” : a person under the age of eighteen years. (S 2 Child Act)

Offence committed by a child will be tried in the Court for Children.

A Court for Children shall have jurisdiction to try all offences except offences punishable with death. (S 11(5) Child Act)

Powers of Court For Children on proof of offence

Kok Wah Kuan v PP [2007] 5 MLJ 174

Child committed murder. He was convicted and ordered to be

detained during the pleasure of the Yang di-Pertuan Agong pursuant to s. 97(2) of the Child Act 2001.

He appealed to the Court of Appeal. The Court of Appeal upheld the conviction

but set aside the sentence imposed on him and released him from custody on the sole ground that s. 97(2) of the Child Act was unconstitutional.

Issue: Whether S97(2) Child Act is unconstitutional

By s. 97(2) of the Child Act, Parliament had consigned the power to determine the measure of the sentence that was to be served to the Yang di-Pertuan Agong.

s. 97(2) of the Child Act contravenes the doctrine of separation of powers housed in the Constitution by consigning to the Executive the judicial power to determine the measure of the sentence to be served by the appellant.

Federal Court: Not unconstitutional. S 97(2) empowers the court to make

an alternative order in a different form.

It is still the court that makes the order consequential to its conviction order.

Place of sitting and persons who may be present in Court For Children S 12 (1) a Court for Children shall, if practicable, sit—

(a) either in a different building or room from that in which sittings of Courts other than Courts for Children are held; or

(b) on different days from those on which sittings of those other Courts are held.

(2) if a Court for Children sits in the same building as other Courts, the Court for Children shall have a different entrance and exit from those of the other Courts to enable children to be brought to and from the Court for Children with privacy.

(3) no person shall be present at any sitting of a Court for Children except— (a) members and officers of the Court; (b) the children who are parties to the

case before the Court, their parents, guardians, advocates and witnesses, and other persons directly concerned in that case; and

(c) such other responsible persons as may be determined by the Court.

Restrictions on media reporting and publication

S 15 shall not reveal the name, address or

educational institution, or include any particulars calculated to lead to the identification of any child so concerned.

Picture shall not be published in any newspaper or magazine or transmitted through any electronic medium.

The Tribunal for Consumer Claims

Established under the Consumer Protection Act 1999

The Primary Objective Of Establishing The Tribunal Is To Provide An Alternative Forum For Consumers To File Claims In A Simple, Inexpensive And Speedy Manner.

S 2 ‘consumer’: a person who acquires or uses goods or services…for personal, domestic or household purposes…

Constitution

Consists of the following members who shall be appointed by the Minister:

Chairman, Deputy Chairman from among members of the Judicial and Legal Service

Not less than 5 members of the Judicial and Legal Service

Shall hold office for a term not exceeding 3 years- shall be reappointed but not more than 3 consecutive terms

The court shall be presided by any of the following persons sitting alone:

Chairman of the Tribunal Deputy Chairman Any member of the Tribunal selected

by the Chairman

Jurisdiction

S 98 & 99 Amount of claim does not exceed RM

25 000 Cause of action accrues within 3

years of the claim Claim must not involve, among

others: Recovery of land or interest in land Will & goodwill Intellectual property Personal injury or death

Procedure

A consumer may lodge a claim in the prescribed form

Pay the prescribed fee for filing the form The Secretary to the Tribunal shall give notice

of the date and place of hearing Tribunal may assists the parties to negotiate an

agreed settlement Where the parties reach an agreed settlement,

the Tribunal shall approve and record the settlement

If no settlement, the Tribunal shall proceed to determine the dispute

Procedure –at the hearing

Every party shall be entitled to attend and be heard

No advocate and solicitor Open to the public After both sides have presented their

case, the Tribunal shall make its award without delay (within 60 days from the first day of hearing).

Decision is final.

The Industrial Court

Established under the Industrial Relations Act 1967

Jurisdiction on matters relating to trade disputes and dismissal of a workman.

“trade dispute”: any dispute between employer and workmen which is connected with employment or the terms of employment or the conditions of work of any such workmen.

Headed by a President appointed by YDPA

And a panel of persons appointed by the Minister (of Human Resources).

A workman who has been dismissed must make a representation in writing to the Director General of Industrial Relations to be reinstated to his former employment within 60 days of his dismissal. The Director General of Industrial Relations will try to resolve the matter through conciliation between the parties. If conciliation fails , the Director General of Industrial Relations will refer the matter to the Minister, who may, if he thinks fit, refer the matter to the Industrial Court for a decisionee

Who conducts hearing?

For dismissal cases, the case is heard by the President or Chairman sitting alone. For trade disputes, the case is heard by a panel comprising of the President / Chairman, an employer’s representive and an employee’s representative.

Decision is known as an award. May consider non-legal matters in

pronouncing the award. Award is final and conclusive

Special Court for Rulers

Was set up in 1993. Before this amendment was made,

no proceeding can be brought in any court against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity.

Rulers were immune.

A183 FC No action, civil or criminal, shall be

instituted against the YDPA or the Ruler of a State in respect of anything done or omitted to be done by him in his personal capacity