The courts involved in administering criminal justice are (in the sequence of hierarchy):
- Federal Court
- Court of Appeal
- High Court
- Sessions Court
- Magistrates’ Court
- Court for Children
As per s6 of the Criminal Procedure Code (“CPC”), the courts for administration of criminal justice in Malaysia shall be those constituted under the Federal Constitution, or the Courts of Judicature Act 1964 (“CJA”), or the Subordinate Courts Act 1948 (“SCA”), or by other law presently in force. With that in mind, the jurisdiction of the superior courts, namely the Federal Court, Court of Appeal and High Court, is prescribed in the Federal Constitution and the Courts of Judicature Act 1964 (“CJA”).
On the other hand the jurisdiction of the subordinate courts, namely the Sessions Court and the Magistrate’s Court, is prescribed in the Subordinate Courts Act 1948 (“SCA”). The Court for Children dealing with youthful offenders is governed by the Child Act 2001. For context, a youthful offender is an offender who is under the age of majority.
It should be noted that the Magistrate’s Court, Sessions Court and High Court are courts of first instance. Moreover, according to s7 CPC, all trials must take place in open court with the exceptions of proceedings to be heard in camera in the interest of justice, public safety and security (s101 SCA and s15 CJA) and proceedings that are closed to maintain the privacy for children (s12 of the Child Act).
What is jurisdiction?
The word “jurisdiction” is used to describe the authority and power of the courts to adjudicate disputes and to ward and enforce its pronouncement.
Since jurisdiction is often used to describe the powers of the court, the two words are often used interchangeably. There is however a distinction between the two words whereby as seen in Dato’ Seri Anwar bin Ibrahim v PP where the Federal Court held that there is a difference between the words “jurisdiction” and “power” in law. Jurisdiction denotes the scope of authority over a subject matter the court may deal with. The court may then exercise its power in relation to and pursuant to that jurisdiction.
Besides, as per Hap Seng Plantations (River Estates) S/B v Excess Interpoint S/B, the court referred to Lee Lee Cheng v Seow Peng Kwang and stated that “jurisdiction” is used to denote the types of subject matter which the Court may deal with and in relation to which it may exercise its powers. It cannot exercise its powers in matters over which, by reason of their nature or by reason of extra-territoriality, it has no jurisdiction. On the other hand in dealing with matters over which it has jurisdiction, it cannot exceed its powers.
Types of Jurisdiction
1) Local/Territorial jurisdiction
Jurisdiction to try an offence in a particular area. As a general rule, s121 of the CPC states that an offence shall be tried by a court within the local limits of whose jurisdiction it was committed.
2) Original Jurisdiction
Power of the court to hear a case and pass a sentence for the first time.
a) Trial Jurisdiction
Determines what offence may be tried in a particular court.
b) Sentencing jurisdiction
Determines what sentence can be imposed in a particular court.
3) Appellate Jurisdiction
Power of a higher court to review a lower court’s decision.
4) Co-ordinate jurisdiction
It means equal jurisdiction.
5) Extra Territorial Jurisdiction
Refers to jurisdiction over offences committed outside of Malaysia. As a general rule, referring to Lee Szu Yin v PP, the court referred to Macleod v Attorney-General for New South Wales wherein Lord Halsbury LC, delivering the judgment of the Privy Council, said “All crime is local. The jurisdiction over crime belongs to the country where the crime is committed, and, except over her own subjects, Her Majesty and the Imperial Legislature have no power whatever.” The same principles apply in this country.
