The Magistrate’s Court is the lowest level of court in Malaysia's judicial hierarchy, primarily dealing with minor civil and criminal matters. While it has limited jurisdiction compared to higher courts, it plays an essential role in the legal system by handling less complex cases and ensuring that the judiciary remains efficient and accessible for everyday legal issues.
The Magistrate’s Court is presided over by a magistrate, who can be either a first-class or second-class magistrate, depending on their qualifications and the scope of matters they are authorized to handle. Below is a detailed breakdown of the jurisdiction and responsibilities of the Magistrate’s Court.
First-Class Magistrate:
A first-class magistrate is a legally qualified individual who is a member of the Judicial and Legal Service of the Federation. They have undergone formal legal training and are empowered to handle more significant matters than second-class magistrates.
Second-Class Magistrate:
A second-class magistrate, in contrast, is usually a civil servant or a court official who may not have formal legal training. While they have judicial authority, their jurisdiction is more limited compared to first-class magistrates.
First-Class Magistrate:
A first-class magistrate can hear criminal cases where the maximum punishment does not exceed 10 years of imprisonment, or in cases where the offense is punishable only by a fine. This allows the first-class magistrate to handle more serious criminal offenses than a second-class magistrate, such as theft, assault, and certain types of fraud, as long as the penalty does not exceed the limits mentioned.
Second-Class Magistrate:
A second-class magistrate can hear criminal matters where the maximum term of imprisonment is not more than 12 months, or in cases where only a fine is imposed. This typically involves less serious offenses such as petty theft, minor assaults, or traffic offenses that carry lower penalties.
Second-class magistrates are not authorized to handle cases that involve more severe criminal offenses or those punishable by a term of imprisonment exceeding 12 months.
First-Class Magistrate:
In civil matters, a first-class magistrate can hear cases where the amount involved does not exceed RM25,000. This includes a wide range of civil disputes, such as contract breaches, property disputes, and personal injury claims, provided the value in question is within the prescribed limit.
Additionally, a first-class magistrate has the authority to hear appeals in both criminal and civil matters from the Penghulu’s Court (a local court dealing with minor disputes at the village or district level).
Second-Class Magistrate:
A second-class magistrate can only hear civil cases involving amounts up to RM3,000. This typically includes small claims related to debt recovery, minor contract disputes, or other issues where the amount of money involved is relatively low.
Second-class magistrates are not authorized to hear civil matters involving larger sums or more complex legal issues.
First-Class Magistrates: A first-class magistrate can hear appeals from lower courts such as the Penghulu’s Court, handling both criminal and civil matters. This gives them a broader role in the judicial system, as they can review decisions made in lower, more localized courts.
Second-Class Magistrates: Second-class magistrates, however, do not have the authority to hear appeals. Their role is strictly limited to hearing cases within their defined criminal and civil jurisdiction