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I NEED THE CONTACT INFORMATION OF THE COURT IN MY AREA. CAN I HAVE THE LIST OF ADDRESSES ?

Click here for list of Addresses of Courts in Malaysia.

WHAT POWER DOES THE MAGISTRATE COURT HAS ?

Section 87 of the Subordinate Courts Act 1948 (Malaysia) provides the First Class Magistrate fairly substantial powers in a criminal cases. In addition to the jurisdiction of sentences not exceeding 5 years imprisonment and or fines not exceeding RM10,000, the Magistrate can impose whipping up to a maximum of 12 strokes.

The Magistrate has the power to award punishment for any offense in excess of the powers described above and instead award full punishment authorized by law. This power is given by the proviso in subsection (1).

However, the civil jurisdiction for a First Class Magistrate for action and suits of a civil nature where the amount in dispute or value of the subject matter does not exceed RM25,000 under Section 90.

WHAT POWER DOES THE SESSIONS COURT HAS ?

This Court has jurisdiction to try all offenses other than offenses punishable by death penalty. It's jurisdiction is wider than the Magistrate Court. It is under the Section 64 that imposes a limit on the Session Judges' powers by precluding him from imposing the death sentence.

Section 65 provides the Sessions Court :

• Unlimited jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle accidents, landlords and tenants and distress
• Jurisdiction to try all actions and suits of a civil nature where the amount in dispute or the value of the subject matter does not exceed RM250,000.

However, there is exceptions to the above. The Sessions Court has no jurisdiction with respect to applications for specific performance or rescission of contracts, injunction, enforcement of trust, declaration of decrees and revocation of grants of re presentation of the estates of deceased persons or the administration or distribution thereof. These are all within the jurisdiction of the High Court.

WHAT JURISDICTION DOES THE HIGH COURT HAS ?

There are 2 High Courts of coordinate jurisdiction in Malaysia. Namely the High Court of Malaya and the High Court of Sabah and Sarawak.

The High Court may act as a court of first instance and appellate court.

The High Court have jurisdiction to try all offenses committed within its local jurisdiction or on a high seas on board any ship or aircraft registered in Malaysia or by any citizen or permanent resident on the high seas on board any ship or aircraft, or by any person on the high seas where the offense is privacy by the law of nations. This is in exercising its original jurisdiction for criminal cases.

The High Court may pass any sentence allowed by law.

Normally, only criminal cases of a serious nature are tried in the High Court. Example, drug trafficking under Section 39B of the Dangerous Drugs Act, murder under Section 302 of the Penal Code, kidnapping of abduction under Section 364 of the Penal Code and offenses under the Firearms (increased penalty) Act where it involves Capital Punishment (death sentence) if the accused is found guilty. The High Court has the power to hear appeals from the Subordinate Courts according to any law for the time being in force within the territorial jurisdiction of the High Court. This is provided under Section 26. Additionally, the High Court may also exercise its revisionary powers with respect to criminal proceedings and matters in the Subordinate Courts.

In civil cases, the High Court has the jurisdiction to try all civil proceedings where the cause of action arose or the defendant or one of the several defendants resides or has his place of business or the facts on which the proceedings are based exists or are alleged to have occurred or any land the ownership of which is disputed is situated within the local jurisdiction of the court. Similarly, in any case where all parties consent in writing, the court can also adjudicate the matter even though they are within the local jurisdiction of the other High Court.

Under the Section 27, the appellate civil jurisdiction of the High Court shall consists of the hearing of appeals from the Subordinate Courts. The High Court also has the power to examine record of proceedings transmitted to it by the Subordinate Courts on any question which arises as to the effect of any provision of the Constitution.

Section 32 provides the High Courts with revisionary power for dealing with civil cases. However, no proceeding by way of revision will be entertained by the High Court at the instance of a party who could have appealed.

Finally, the High Court also has general supervisory and revisionary jurisdiction over all Subordinate Courts.