The Sessions Court is the highest of the inferior courts in Malaysia, presided over by a Sessions Court judge.
Jurisdiction:
• Criminal Jurisdiction: Handles all criminal offences except those punishable by death. The judge can impose any sentence except the death penalty.
• Civil Jurisdiction: Handles civil matters where the claim does not exceed RM250,000.
Exceptions:
The Sessions Court cannot deal with cases involving injunctions, specific performance, rescission of contracts, probate, divorce, or bankruptcy.
The Magistrates’ Court handles minor civil and criminal cases and is presided over by either a first-class or second-class magistrate.
First-Class Magistrate:
• Qualifications: Legally qualified and a member of the Judicial and Legal Service.
• Criminal Jurisdiction: Handles offences punishable by up to 10 years’ imprisonment or offences punishable by a fine only.
• Civil Jurisdiction: Handles claims up to RM25,000.
• Appellate Role: Can hear appeals from decisions of the Penghulu’s Court.
Second-Class Magistrate:
• Qualifications: Typically a civil servant or court official without legal qualifications.
• Criminal Jurisdiction: Handles offences punishable by up to 12 months’ imprisonment or a fine.
• Civil Jurisdiction: Handles claims up to RM3,000.
• Appellate Role: Does not have jurisdiction to hear appeals.
The Penghulu’s Court is the lowest subordinate court in Peninsular Malaysia, presided over by a Penghulu appointed by the state government for a specific mukim (sub-district).
Jurisdiction:
• Civil Jurisdiction: Limited to cases involving amounts up to RM50, where all parties are Asian and understand Bahasa Melayu.
• Criminal Jurisdiction: Handles minor offences listed under the Penghulu’s Kuasa, with punishments capped at a fine of RM25.
The Penghulu exercises authority informally and deals with minor local disputes.