Higher courts

The Federal Court is the highest court in Malaysia and the final court of appeal. Its decisions set binding precedents for all lower courts and are also binding on itself.

Composition:

The Federal Court, established under Article 121(2) of the Federal Constitution, consists of:

   •   The Chief Justice of the Federal Court,

   •   The President of the Court of Appeal,

   •   The Chief Judges of the High Courts (Malaya and Sabah/Sarawak), and

   •   Four other judges.

Additional judges may be appointed under Clause (1A), making a total of seven Federal Court judges currently.

 The High Courts in Malaysia consist of the High Court of Malaya and the High Court of Sabah and Sarawak, led by two chief judges. They are superior courts with original, appellate, and supervisory jurisdiction.

Key Features of the High Court:

   •   Original Jurisdiction: Unlimited authority in civil and criminal cases, including cases from lower courts involving matters in Malaysia or businesses operating locally. Criminal cases can only proceed if the accused is committed for trial after a Magistrate’s Court hearing.

   •   Appellate Jurisdiction: Hears appeals from Magistrates’ and Sessions Courts in civil and criminal matters.

   •   Supervisory Jurisdiction: Can inspect records of lower courts, transfer cases, or issue directives for justice.

The High Court’s decisions are binding on lower courts but not on itself. Lower courts are bound by the decisions of superior courts but do not bind other courts. The High Court is divided into:

   1.   Commercial Division

   2.   Civil Division

   3.   Criminal Division

   4.   Appellate Division.