Jurisdiction Of Magistrate Court In Malaysia

The advisory jurisdiction of the federal court is provided for in article 130 of the federal constitution which reads 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 likely to arise and the federal court shall pronounce its opinion on any question so referred to it in open court. Criminal jurisdiction a second magistrate has the jurisdiction to hear criminal matters of the following nature where the offence is punishable by a fine only. A second class magistrate is appointed by the state authority in malaysia.

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Where the offence provides for a term of imprisonment not exceeding twelve 12 months.

Jurisdiction of magistrate court in malaysia. The jurisdiction of the courts in civil or criminal matters are contained in the subordinate courts act 1948 and the courts of judicature act 1964. These are those courts in malaysia which are somewhat similar to the former quarter sessions in england. The appellate courts are made up of the high court the court of appeal and the federal court. There are generally two types of trials criminal and civil.

The hierarchy of courts begins from the magistrates court sessions court high court court of appeal and finally the federal court. The magistrates court s jurisdiction can be found in the subordinate courts act 1948 sca 1948. Jurisdiction of the magistrate s court. The magistrates courts as well as the sessions courts in malaysia have jurisdiction in both civil and criminal matters.

The following is the hierarchy of subordinate courts. Notwithstanding the provisions of any written law to the contrary a court of magistrate of the first class shall have jurisdiction to try summarily any offence under this act or any of its subsidiary legislation and to award a full punishment for any such offence. With this quick breakdown in mind let s dig deeper into the respective courts. Magistrates court and sessions court.