COURTS: ROLES AND
HIERARCHY
STUDY GROUP 4 DISEMBER 2023
SUPERIOR COURT SUBORDINATE COURT
TYPE OF COURT
FEDERAL COURT
SESSIONS COURT
COURT OF APPEAL
MAGISTRATES’ COURTS
HIGH COURTS
JURISDICTION AND POWERS
FEDERAL COURT AND COURT OF APPEAL
IS DEFINED BY FEDERAL
CONSTITUTION AND COURTS OF
DERIVED FROM SUBORDINATE COURTS
JURIDICTURE ACT 1964
ACT 1948
HIGH COURTS ONLY DEFINED BY COURTS OF
JURIDICTURE ACT 1964
SUPERIOR COURT SUBORDINATE COURT
ESTABLISHED UNDER THE HAVE LIMITED JURISDICTION
FEDERAL CONSTITUTION
SUJECT TO THE CONTROL
HAVE UNLIMITED OR SUPERVISION OF THE
JURISIDICTION SUPERIOR COURTS.
HISTORY
TYPE OF
COURTS
FEDERAL COURTS
Final court of appeal in Malaysia
Consist of CHIEF JUSTICE OF THE FEDERAL COURT, PRESIDENT OF
THE COURT OF APPEAL, 2 CHIEF JUDGES OF THE HIGH COURTS
AND 4 OTHER JUDGES. [ Article 122 (1) ]
Every proceeding shall be heard and disposed by 3 judges or GREATER
UNEVEN NUMBER of judges.
HIGH COURT
Only tries cases that arises from its own territories
Local jurisdiction of High Court in Malaya- the territory of the states of
Malaya.
Local jurisdiction of Sabah & Sarawak- the territory comprised by
Sabah, Sarawak and Labuan.
Consists of 2 High Courts:
1. High Court in Malaya
2. High Court in Sabah and Sarawak
COURT OF APPEAL
Created in 1994
Consist of PRESIDENT OF THE COURT OF APPEAL AND 10 OTHER
JUDGES.
Every proceeding shall be heard and disposed by 3 judges or GREATER
UNEVEN NUMBER of judges.
SESSIONS COURT
Known as “MAHKAMAH RENDAH”
Each Sessions Court presided by a Session Court Judge
MAGISTRATES’ COURT
Known as “MAHKAMAH MAJISTRET”
Lowest in court’s hierarchy
ORIGINAL
JURISDICTION
FEDERAL COURT COURT OF APPEAL
ORIGINAL JURISDICTION
The power to hear a case for
the first time
The Federal Court has an
exclusive original
jurisdiction to determine:
NO ORIGINAL JURISDICTION
any question whether a law made by
Parliament or by the Legislature of a State is
invalid on the ground that the Parliament or
the Legislature of the State does not have
power to make such laws
disputes on any other question between States
or between the Federation and any State
ORIGINAL
JURISDICTION
(CIVIL)
HIGH COURT SESSIONS COURT
ORIGINAL JURISDICTION (CIVIL)
Divorce and matrimonial Unlimited jurisdiction for MOTOR
causes VEHICLE ACCIDENTS,
LANDLORDS AND TENANTS ,
Admiralty
DISTRESS
Bankruptcy Other civil cases with subject
Appoinment and control of matter DOES NOT EXCEED
guardian of infant RM1 000,000
Appoinment and control of Does not have jurisdiction on
guardian of mentally IMMOVABLE PROPERTIES,
ENFORCE TRUST, ACCOUNT,
disordered person
GUARDIANSHIP OR CUSTODY OF
Grant of Probate and letter
INFANTS etc
of administration
MAGISTRATES COURT
ORIGINAL JURISDICTION (CIVIL)
FIRST CLASS SECOND CLASS
Amount in Recovery of debt
dispute NOT Liquidated
EXCEEDING demand NOT
RM 100,000 EXCEEDING
RM3 000
ORIGINAL
JURISDICTION
(CRIMINAL)
HIGH COURT SESSION COURT
ORIGINAL JURISDICTION (CRIMINAL)
Jurisdiction of the High Court
over people within its local
All offences except offences
jurisdiction punishable with death
High Court in Malaya- Tries Can pass any sentence allowd by
law other than the sentence of
offences commited in
death.
Peninsular Malaysia
High Courts in Sabah and
Sarawak-Tries offences
commited in East Malaysia
MAGISTRATES COURT
ORIGINAL JURISDICTION (CRIMINAL)
FIRST CLASS SECOND CLASS
Hear all criminal offences
punishable UP TO 10 YEARS Imprisonment up to
imprisonment only.
12 months or fine
The sentence must not exceeding
only
1. 5 years’ imprisonment
2. Fine not exceed RM 10, 000
3. Whipping up to 12 strokes
4. A combination of any sentences
above.
APELLATE
MAGISTRATES’ COURT
APPELLATE
Appeal against decisions of the Magistrates’ Court in both civil and
criminal matters lie to the High Court
No appeal can be made if the amount in dispute or subject matter
is less than RM10,000 unless on a question of law
APELLATE
(CIVIL)
FEDERAL COURT COURT OF APPEAL
APPELLATE (CIVIL)
Appeal could be made from Can hear appeals from any judgement of High
Court
the Court of Appeal to the To rehearing of a case shows that it has all the
powers and duties of High Court.
Federal Court with leave of the May ORDER A NEW TRIAL or REVERSE/VARY
the decision of High Court
Federal Court. Some appeals that cannot be brought to
The Federal Court has the Court of Appeal:
1. Subject matter is below
power to order a new trial.
RM250000
HOWEVER, a new order cannot 2. Judgement is made by consent of
parties
be made on the reason of 3. Judgement relates to cost only
IMPROPER ADMISSION or 4. Judgement by the High Court has
been declared as the final
REJECTION OF EVIDENCE. decision.
HIGH COURT
APPELLATE (CIVIL)
Amount in dispute or subject matter must be more than RM10,000
(note: no appeal if RM10,000 or lower, except on a question of law)
APELLATE
(CRIMINAL)
FEDERAL COURT COURT OF APPEAL
APPELLATE (CRIMINAL)
Has power to hear and
May hear appeal against the High Court’s
determine any appeal from decision [ ALL ]
Appeal may be question of law/fact or
any decision of Court of
both
Appeal in its apellate Has power to:
1. Summarily dismiss appeal
regarding any criminal matter
2. CONFIRM, REVERSE or VARY
decided by the High Court. decision of trial court
3. Order retrial
May DISMISS, CONFIRM, 4. Quash sentence passed by trial
court
REVERSE, VARY the decision
made by Court of Appeal.
HIGH COURT
APPELLATE (CrIMINAL)
Can hear appeals from subordinate courts according to any law in
force within the local jurisdiction of the High Court
Restrictions:
Cannot appeal if it is a fine not exceeding RM25
If an accused has pleaded guilty, and has been convicted, he
cannot appeal except the extent or legality of the sentence
No appeal against acquittal except by , or with the written
sanction of , the Public Prosecutor
REFERRAL/
REVISIONARY/
REVIEW/SUPERVISORY
FEDERAL COURTS
Jurisdiction of the Federal Court :
REFERRAL
To decide a question that arisen at the other courts to avoid
misinterpretation of any provision of the federal
Constitution.
When the Federal Courts has decided, it will remits the case
to the trial court to be disposed.
FEDERAL COURTS
Jurisdiction of the Federal Court :
ADVISORY
Yang di-Pertuan Agong may refer to Federal Court about any
opinion from the Federal Court.
HIGH COURT
Jurisdiction of the High Court :
REVISIONARY
Power to revise criminal proceedings in subordinate courts
Power to call for and examine record of any civil proceedings
Supervisory jurisdiction over all subordinate courts
HIGH COURT
Jurisdiction of the High Court :
REVIEW
Conduct a judicial review – review decisions of other judicial
and quasi-judicial bodies.
SESSION COURT
Jurisdiction of the Session Court :
SUPERVISORY
Limited supervisory role over Magistrates’ Courts
To examine the record of any civil proceedings before a
Magistrates’ Court.
If the Sessions Court judge views that the Magistrates’ Court’s
decision is improper, he shall forward the record with remarks
as he thinks fit to High Court
THANK YOU !
