In Malaysia’s judicial system, the lower courts ( also known as subordinate courts ) serve as the foundational courts where most legal matters are initially heard. These courts handle a wide range of cases, including both criminal and civil matters, and are a crucial part of the judicial hierarchy. While the decisions of these courts can be appealed to higher courts, they play an essential role in ensuring that justice is delivered efficiently and fairly at the grassroots level.
The subordinate courts in Malaysia are divided into Magistrate’s Courts and Sessions Courts, each with its own jurisdiction and scope of cases they can hear
The subordinate courts play a vital role in the judicial system of Malaysia by ensuring that the bulk of legal disputes are resolved at the local level. This system helps to reduce the caseload of the higher courts, such as the High Court and Court of Appeal, allowing them to focus on more complex and high-profile cases.
Access to Justice: The existence of the subordinate courts ensures that individuals have easier access to justice for both criminal and civil matters. These courts are typically located in various regions across Malaysia, providing convenient access for people living outside urban centers.
Specialized Cases: While subordinate courts deal with a wide range of cases, they also often specialize in more straightforward cases, allowing for quicker resolutions compared to higher courts. This includes routine criminal cases, smaller civil claims, and family law disputes.
Preliminary Hearings: In criminal cases, the Magistrate’s Court plays an important role in the judicial process by conducting preliminary hearings for serious offenses. These hearings help determine whether a case should proceed to the High Court for trial, ensuring that the higher courts focus on cases with sufficient evidence.
Efficiency: By handling less serious matters, the subordinate courts ensure that the judicial system functions efficiently. They allow higher courts to focus their time and resources on more complicated and high-stakes cases, such as those involving complex legal principles or substantial financial claims.