Juvenile Courts handle cases involving criminal offenders under the age of 18.
Key Features:
• Composition: Presided over by a first-class magistrate, assisted by two lay advisers, one of whom must be a woman.
• Closed Proceedings: Trials are held in camera (closed to the public) to protect the young offender’s privacy.
• Sentencing:
• Offenders may be sent to approved institutions or correctional schools if found guilty.
• Alternatively, they may be released on bond, with or without sureties, under the condition of good behavior and appearing for sentencing when required.
• Homicide cases are excluded from juvenile court jurisdiction.
• Appeals: Offenders can appeal to the High Court if dissatisfied with the court’s decision.
The Native Courts in Malaysia handle matters related to native customs, with jurisdiction limited to cases involving natives.
Definition of Natives:
• Sarawak: Citizens of Sarawak belonging to indigenous races such as Iban, Bidayuh, Kelabit, Murut, and Melanau.
• Sabah: Citizens of Sabah who are children or grandchildren of indigenous races (e.g., Kadazan, Dusun) and were born in Sabah or have a father domiciled there.
Jurisdiction of Native Courts:
1. Breach of Native Law and Custom: Covers marriage, betrothal, children, and testamentary matters.
2. Religious and Matrimonial Matters: Related to native customs.
3. Land Ownership and Use: Includes disputes over land within native areas.
4. Additional Jurisdiction: Granted under Native Court Enactments or other written laws.
Syariah law governs matters related to Islamic banking and family law and is administered through Syariah courts, established under State Administration of Islamic Law Enactments.
Key Features:
• State Jurisdiction: The organization, jurisdiction, and procedures of Syariah courts are determined by individual states.
• Federal Influence: The Federal government promotes the use of the Federal Territories Islamic Law Act as a model for uniformity across states.
Proposed Structure:
The Syariah court system is designed to operate parallel to the civil courts, with a three-tier structure:
1. Syariah Appeal Court
2. Syariah High Court
3. Syariah Subordinate Court
This ensures a more systematic administration of Islamic law nationwide.