MALAYSIAN LEGAL SYSTEM Administration of justice part 2
1.
2.
3. 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.”
4. (Note:
S 392 Penal Code robbery
S 457 Penal Code house-breaking and
lurking house-trespass)
5. 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”
6.
7. 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”
8. 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.”
9.
10. S 63 SCA
“A Sessions Court shall have jurisdiction to try
all offences other than offences punishable
with death”
11. S 64 SCA
“A Sessions Court may pass any sentence
allowed by law other than the sentence of
death.”
12.
13. 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…”
14. S 22(2) CJA
“The High Court may pass any sentence
allowed by law”
15.
16. 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”
17. 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.”
18.
19. S 87(1) CJA
“The Federal Court shall have jurisdiction to
hear and determine any appeal from any
decision of the Court ofAppeal in its
appellate jurisdiction in respect of any
criminal matter…”
20. 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.”
21.
22. 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.”
23. 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.”
24. S 82 CJA
“The FederalCourt 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.”
25.
26. (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.
27.
28. 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.”
29.
30. The constitution, organization and procedure
of the Shariah courts are established by the
State legislature with the exception of the
FederalTerritories where power is vested
with the Parliament.
31. “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”