Hierarchy Of Courts In Malaysia And Their Jurisdiction

The following is the hierarchy of subordinate courts. Magistrates court and sessions court. The first is in peninsular malaysia which contains forty five judges and judicial commissioners.

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The subordinate courts in malaysian legal system hierarchy the subordinate courts comprises the sessions courts the penghulu s courts in western part of malaysia and the magistrates court.

Hierarchy of courts in malaysia and their jurisdiction. The hierarchy of courts begins from the magistrates court sessions court high court court of appeal and finally the federal court. Hierarchy and functions of courts in malaysiaoutlined the hierarchy and functions of courts 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 high courts in malaysia are the third highest courts in the hierarchy of courts and there are two chief judges in the high court. The second is in sabah and sarawak which has eleven judges and judicial commissioners. The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia which is the highest level. The federal court of malaysia in the highest court of the land.

The high courts in malaysia are the third highest courts in the hierarchy of courts after the federal court and the court of appeal article 121 of the constitution of malaysia provides that there shall be two high courts of co ordinate jurisdiction the high court in malaya and the high court in sabah and sarawak before 1994 the high court in borneo. With this quick breakdown in mind let s dig deeper into the respective courts. The magistrates courts as well as the sessions courts in malaysia have jurisdiction in both civil and criminal matters. The federal court is the highest court in malaysia and it headed by the chief justicefederal courtthe federal court has jurisdiction to determine all civil and criminal from the court of appeal court of appeal hears all civil appeals against decisions of the high courts except where against.

The magistrates court the court for children and the sessions court are subordinate courts. The appellate courts are made up of the high court the court of appeal and the federal court. The magistrates court s jurisdiction can be found in the subordinate courts act 1948 sca 1948. Penghulu s court the penghulu s courts hear civil issues in which the claim is below rm50 00 and where the offenders are of asian race and speaks and understands the malay language.

The high court court of appeal and the federal court are superior courts while the magistrates court the court for children and the sessions court are subordinate courts. There are generally two types of trials criminal and civil. The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia.