The Subordinate Courts – Magistrates’ Court

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Magistrates’ Court

The Magistrates’ Courts have jurisdiction to hear both criminal and civil cases. At present there are one hundred and fifty one Magistrates throughout Malaysia.

Appointment

For the Federal Territory, magistrates are appointed by Yang di-Pertuan Agong on the recommendation of the Chief Judge. In each of the States, magistrates are appointed by the State Authority on the recommendation of the respective Chief Judges (Section 78 of the Subordinate Courts Act 1948). Sittings The court sits everyday except on public holidays.

Jurisdiction

Criminal

A First Class Magistrate has jurisdiction to try all offences for which the maximum sentence does not exceed ten years imprisonment or with fine only (section 85 of the Subordinate Courts Act 1948).

Civil

A First Class Magistrate has the jurisdiction to hear all actions and suits of a civil nature where the amount in dispute or value of the subject matter does not exceed RM25,000.00 (Section 90 of the Subordinate Courts Act 1948). Continue reading …

The Subordinate Courts – Sessions Court

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THE SUBORDINATE COURTS

Subordinate courts consist of the Sessions Court, the Magistrate’s Court and the Court for Children. A Sessions Court is presided by a Sessions Court judge while a Magistrate’s Court and a Court for Children are presided by magistrates.

Sessions Court

The Sessions Court is empowered to deal with all claims up to the value of RM250,000. It also has unlimited jurisdiction to hear matters involving accidents, landlord and tenant  and distress proceedings. There is a Sessions Court in most major towns.

A Sessions Court has the jurisdiction to hear both criminal and civil cases. At present there are eighty seven Sessions Court judges throughout Malaysia.

Appointment

A Sessions Court judge is appointed by the Yang di-Pertuan Agong on the recommendation of the respective Chief Judges (Section 59 of the Subordinate Courts Act 1948).

Sittings

The court sits everyday except on public holidays.

Jurisdiction

Criminal

A Sessions Court has the jurisdiction to try all offences other than offences punishable with death. Except for the sentence of death, a Sessions Court may pass any sentence including natural life sentence (Sections 63 and 64 of the Subordinate Courts Act 1948). Continue reading …