The Court of Appeal is the second-highest court in Malaysia’s judicial hierarchy, primarily responsible for hearing appeals. It serves as an appellate court, meaning its function is to review the decisions made by lower courts, such as the High Court, rather than conducting trials of new cases. This court is integral to ensuring that justice is upheld by reviewing the fairness and legality of earlier rulings.
The Court of Appeal has jurisdiction to hear both civil and criminal appeals. It handles appeals against decisions made by the High Court in criminal matters, as well as civil cases that meet certain criteria. For civil appeals, the Court of Appeal has the authority to hear cases where the amount in dispute is at least RM250,000.
The Court of Appeal is presided over by a bench of three or more judges. The President of the Court of Appeal heads this court and plays a significant role in overseeing its functions. Judges in this court review the legal issues raised in an appeal, and their decision can either uphold, overturn, or modify the judgment made by the lower courts
The criminal jurisdiction of the Court of Appeal is wide-ranging. It can hear and determine appeals against decisions made by the High Court in the exercise of its original jurisdiction or its appellate and revisionary jurisdiction. This means that the Court of Appeal can review the outcome of criminal cases originally heard in the High Court or appeals from decisions made by the Sessions Court (a lower court in the Malaysian legal system).
For civil appeals, the Court of Appeal has the authority to review decisions made by the High Court in matters involving claims or disputes over at least RM250,000. This monetary threshold ensures that only significant civil matters are brought before the Court of Appeal, allowing the court to focus on cases of greater legal or financial consequence.
When a case is appealed to the Court of Appeal, it effectively re-hears the case. This means the court will review the facts, the law, and any procedural errors that may have occurred during the trial. The Court of Appeal has the authority to:
Confirm the decision made by the lower court if it finds that the original judgment was correct.
Reverse or vary the decision, altering the outcome if it believes the previous ruling was incorrect.
Order a new trial if the Court of Appeal finds that the case was not properly adjudicated or that justice requires further examination.
Dismiss the appeal summarily if it believes that the appeal has no merit.
In cases where the Court of Appeal feels the decision made by the lower court was unjust or incorrect, it may remit the matter back to the trial court with its opinion on how the case should be handled. The Court of Appeal has the discretion to order a retrial or take any other actions it deems just, exercising any powers the trial court might have had.
This flexibility allows the Court of Appeal to ensure that justice is served and that legal principles are consistently applied across the judiciary. Its decisions can set important precedents, shaping the interpretation and application of the law in Malaysia.