Hierarchy Courts in Malaysia
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How does the court system of Malaysia work?
The hierarchy of courts of Malaysia starts with the Magistrates Court as the first
level followed by the Sessions Court, High Court, Court of Appeal and the
Federal Court of Malaysia, which is the highest level.
The High Court, Court of Appeal and the Federal Court are superior courts,
while the Magistrates Court, the Court
for Children and the Sessions Court are subordinate courts. A Magistrate's
Court and a Court for Children are presided by magistrates.
There are also various other courts outside of the hierarchy. There are the
Penghulu's Courts, the Syariah Courtsand the Native Courts. A court, which is
paralleled in jurisdiction with the Magistrates' Court, is the Juvenile Court.
Penghulu's Court has been abolished by Subordinate Courts
(Amendment) Act 2010 (Act A1382), which came into force in March
2013.
Generally, there are two types of trials, namely criminal and civil.
(a) The Federal Court
The Federal Court hears appeals from the Court of Appeal.
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(b) The Court of Appeal
The Court of Appeal hears appeals from the High Court relating to both civil
and criminal matters.
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(c) The High Court
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A) CIVIL JURISDICTION
The High Court has
jurisdiction to try all civil
matters but generally
confines itself to matters
on which the Magistrates
and Sessions Courts have
no jurisdiction. These
include matters relating
to divorce and
matrimonial cases,
appointment of guardians
of infants, the granting of
probate of wills and
testaments and letters of
administration of the
estate of deceased
persons, bankruptcy and
other civil claims where
the amount in dispute
exceeds RM1,000,000.
B) CRIMINAL
JURISDICTION
C) APPELLATE
JURISDICTION
The High Court may
hear all matters but
generally confines itself
to offences on which the
Magistrates and
Sessions Courts have no
jurisdiction, for instance,
offences which carry the
death penalty.
The High Court may hear
appeals from the
Magistrates and
Sessions Courts in both
civil and criminal
matters.
Amount in dispute in any
civil matters must
exceed RM10,000 except
where it involves a
question of law.
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(d) The Sessions Court
(A) CIVIL JURISDICTION
(B) CRIMINAL JURISDICTION
A Sessions Court may hear any civil
matter involving motor vehicle
accidents, disputes between landlord
and tenant, and distress actions. The
Sessions Court may also hear other
matters where the amount in dispute
does not exceed RM1,000,000.
A Sessions Court has jurisdiction to try
all criminal offences EXCEPT those
punishable by death.
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The civil jurisdiction limit of the Sessions Court has been increased
significantly under Subordinate Courts (Amendment) Act 2010 (Act A1382)
from the previous RM250,000.
The Amendment Act also conferred the Sessions Court with jurisdiction to try
all actions and suits of a civil nature for the specific performance or rescission
of contracts or for cancellation or rectification of instruments.
Further, the Amendment Act empowers the Sessions Court to grant an
injunction and to make a declaration, whether or not any other relief, redress
or remedy is or could be claimed.
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(e) The Magistrates Court
The Magistrates Courts deal with the vast majority of cases, both civil and
criminal, and sit in almost all major towns in Malaysia.
1. First Class Magistrate
A) CIVIL JURISDICTION
(B) CRIMINAL JURISDICTION
A First Class Magistrate may hear a
A First Class Magistrate may hear
civil case when the amount in dispute criminal matters of the following
does not exceed, RM100,000.
nature:
where the offence is punishable
by a fine only - this would cover
the majority of traffic offences;
or
where the offence provides for
a term of imprisonment not
exceeding ten (10) years.
A First Class Magistrate may not,
however, impose: -
a term of imprisonment
exceeding five (5) years;
a fine exceeding RM10,000;
whipping exceeding twelve
strokes; or
any sentence combining any of
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the sentences above.
The civil jurisdiction limit of the First Class Magistrate has been
increased under Subordinate Courts (Amendment) Act 2010 (Act
A1382) from the previous RM25,000. The Act came into force in March
2013.
2. Second Class Magistrate
A) CIVIL JURISDICTION
(B) CRIMINAL JURISDICTION
A Second Class Magistrate may hear a A Second Magistrate may hear criminal
civil case where the plaintiff seeks to
matters of the following nature: recover a debt or liquidated demand in
where the offence is punishable
money payable by the defendant, with
by a fine only; or
or without interest, not exceeding
RM10,000.
where the offence provides for a
term of imprisonment not
Where the amount claimed does not
exceeding twelve (12) months.
exceed RM5,000 you may wish to file
your claim in the small claims division
A Second Class Magistrate may pass a
of the Magistrates Court. If you do so
sentence: however, you must be prepared to
conduct the case yourself, as legal
a term of imprisonment not
representation is not permitted.
exceeding six (6) months;
a fine not exceeding RM1,000; or
any sentence combining any of
the sentences above.
The civil jurisdiction limit of the Second Class Magistrate has been
increased under Subordinate Courts (Amendment) Act 2010 (Act
A1382) from the previous RM3,000.
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Hierarchy Courts in Malaysia
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