Local Jurisdiction
According to s59(2) SCA, the Sessions Court shall hear and determine any civil/criminal cause/matter arising within the local limits of jurisdiction assigned to it.
It should be noted that in Taman Rimba (Mentakab) Sdn Bhd v Sin Yew Poh Tractor Works, the court pointed out that the Sessions Courts throughout the country do not enjoy concurrent territorial jurisdiction of each other.
Trial Jurisdiction
As per s63 SCA, the Sessions Court may try all offences except those punishable with death.
Sentencing Jurisdiction
As per s64 SCA, the Sessions Court may pass any sentence allowed by law except the sentence of death. The Sessions Court may also impose the sentence of whipping but the whipping cannot exceed the statutory maximum of 24 strokes.
In Tuan Mat b Tuan Lonik v PP, the Sessions Court passed a sentence of 50 strokes on the accused for five offences of rape punishable under s 376B of the Penal Code but the Court of Appeal subsequently reduced the number of strokes to 24 as it contravened s288(5) of the CPC.
Besides, it should be noted that it was held in Nadarajah v PP that although the offence is within the trial jurisdiction of the Magistrates’ Court, nevertheless the Sessions Court may still try that offence. Also, s30(1) of the Courts of Judicature Act (“CJA”) also empowers the Sessions Court to refer any constitutional matters to the High Court as seen in Repco Holdings Bhd v PP.
