Local Jurisdiction
S76(2) of the Subordinate Courts Act (“SCA”) states that a Magistrate’s Court has the jurisdiction to hear and determine any civil or criminal matter arising within the local limits of jurisdiction. For context, s2(1) of the Criminal Procedure Code (“CPC”) clarifies that “local limits of jurisdiction” of the Magistrate Court mean limits of the ordinary administrative district in which the court is situated.
There are two different jurisdictions in the Magistrate’s Court:
(a) First Class Magistrate
Trial Jurisdiction
As per s85 SCA, the First Class Magistrate may try offences punishable with:
- Imprisonment not more than 10 years; or
- Punishable with fine only; and
- Offences under s392 (punishment for robbery) and s457 (lurking house-trespass/house breaking in order to commit an offence punishable with imprisonment) of PC
It should be noted that although s85 is silent on the punishment of whipping, the Magistrate Court does have jurisdiction to try the offence. This can be seen in Lee Heng Kooi v PP where the High Court held that s87 SCA, which provides that a Magistrate may pass any sentence allowed by law not exceeding whipping of 12 strokes, should be read in conjunction with the opening phrase of s85.
According to s83 SCA, the first class Magistrate may also:
- Issue summons, writ, warrant or other process of the court; or
- Make orders relating to adjournments, remands and bail, execution of judgements and decrees, and transfers of proceedings to Sessions Courts.
Besides, s9 CPC gives power and authority to the Magistrate:
- To hear criminal trials (summary trial); or
- To issue warrants, summonses or other processes of the court; or
- To make orders relating to adjournments, remands, bail and transfer to the Sessions Courts; or
- To hold inquiries of death.
Exception to the First Class Magistrate’s Trial Jurisdiction
The maxim generalia specialibus non derogant (specific prevail over general) applies whereby the Magistrate Court may hear cases exceeding the prescribed limit if there is a specific provision.
For example, s41 of the Dangerous Drugs Act (“DDA”) gives jurisdiction to the Sessions Court and the First Class Magistrate Court to try any offences under the Act except drug trafficking. Therefore, the First Class Magistrate Court may hear a case under s6B DDA – planting cannabis even though the punishment is imprisonment for life.
Sentencing Jurisdiction
S87(1) SCA states that the first class Magistrate may punish the offender with:
- Imprisonment of not more than 5 years;
- Fine of not more than RM 10,000;
- Whipping up to 12 strokes; or
- A combination of any of the sentences.
Exceptions to the sentencing jurisdiction
First exception:
According to the proviso to s87(1) SCA the First Class Magistrate may exceed its sentencing jurisdiction where any law gives it the authority. For example, s41 DDA as discussed above and the Betting Act 1953. This exception has been illustrated in PP v Yap Sin Peng whereby the High Court held that the First Class Magistrate may impose a sentence in excess of his prescribed power under the proviso to s 87(1) SCA.
Second exception:
Besides, the second exception is provided in s87(2) SCA which states that a First Class Magistrate may exceed his sentencing jurisdiction and award the full punishment if, based on the accused’s previous convictions, it should be awarded. He shall also record his reason for doing so.
However, it should be noted that in PP v Tengku Hitam, the High Court observed that s87(2) should only be invoked when the case takes an unexpected turn and the maximum punishment under s87(1) is inadequate.
Moreover, as per s102 SCA, if the accused is convicted on more than one offence, the Magistrate Court may sentence the punishments when consisting of imprisonment:
- To commence the one after the expiration of the other in such order as the court may direct (consecutive-separate); or
- To run concurrently (together).
It should be noted that this is subject to proviso (a) whereby the aggregate period of imprisonment is not more than 20 years.
(b) Second Class Magistrate
Trial Jurisdiction
According to s88 SCA, the a second Class Magistrate only has jurisdiction to try offences which are punishable with:
- Imprisonment of not more than 12 months; or
- Fine only.
Besides, the Magistrate may order detention of the accused in custody under s117(2) CPC.
Sentencing Jurisdiction
Under s89 SCA, a Second Class Magistrate may punish an offender with:
- Imprisonment not more than 6 months;
- Fine not more than RM 1,000; or
- Both.
However, as per the proviso to s88 SCA, if a Second Class Magistrate is of the opinion that in the circumstances of the case, if a conviction should result, the powers of punishment which he possesses would be inadequate, he shall take the necessary steps to adjourn the case for trial by a First Class Magistrate.
