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COURT WITH SPECIALISED JURISDICTION - Coggle Diagram
COURT WITH SPECIALISED JURISDICTION
JUVENILLE COURT
Juvenille Courts Act 1947
Age limit of offenders below 18
Composition
A First Class Magistrate
with the aid of 2 Assessors
Court not open to public
The manner to report the cases in the daily newspaper if not allowed by the court
The punishment meted (it excludes prison sentence and life sentence)
Appeal to the High Court
COURT MARTIAL
Established under the Armed Forces Act 1972
It’s jurisdiction to armed forces personnel
S 103(2) provides the court shall consists of at least 5 officers including a President
Sentences can include death penalty
The trial is made in open court
RULER’S COURT
Established by Art 182 of the Constitution.
Consists of 5 persons namely The Chief Justice as the Chairman and 2 other judges who have in the past held the post as a Federal Court Judge or a High court Judge
The court will hear proceedings against the YDPA or any Ruler in their personal capacity
Procedures will be decided by the Parliament
To initiate a suit against the rulers, permission must be granted by the Attorney General
Refer to the case Faridah Begum bt Abdullah v Sultan Ahmad Shah (1996) 2 CLJ 159
The plaintiff was a Singaporean businesswoman and the defendant was the Sultan of Pahang . Faridah alleged that the Sultan had committed libel against her, and sued for damages. The Attorney General consented to the case, permitting the Special Court to hear it. However, whether the alleged libel had in fact occurred was never decided, as the Special Court ruled 4-1 that non-Malaysians could not bring a suit against the Malay rulers.
SYARIAH COURT
Established by each State Legislature
The hierarchy of the courts consisting of the Syariah Subordinate Court, Syariah High Court and the Syariah Appeal Court
Article 121(1A) provides that the Civil Court could not interfere the jurisdiction of the Syariah court
Case: Mohamed Hasbibullah b Mahmood v Faridah bt Dato Talib(1992)
The composition of the Syariah Court and its civil and criminal jurisdiction
Syariah law that is applicable in Malaysia is confined to only personal matters, amongst others; the law on marriage and divorce and the distribution of estates before and after death. (Details of the subject matter can be found in the Federal Constitution, List ii schedule 9)
Most subject matters begin in the Syariah Subordinate Court, except on matters pertaining to custody of children and the division of matrimonial assets (‘harta sepencarian’).
These are under the jurisdiction of the Syariah High Court. The Syariah High Court hears appeals from the Syariah Subordinate Court and it may revise decisions of the lower court.
Besides that, any claim above Fifty Thousand Ringgit Malaysia (RM50000) is also heard in the Syariah High Court.
INDUSTRIAL COURT
Established under the Industrial Relations Act 1967(Act 177)
Compositions- headed by President appointed by YDPA and a panel of persons appointed by Minister.
The President and Chairman must be legally qualified with at least seven years’ standing in professional practice.
The panel of person is represented by two groups: representing employer and workman
Jurisdiction- on matters relating to trade dispute and dismissal of workman
Meaning of trade dispute under Sec 2 of the Act- “any dispute between an employer and his workmen, which is connected with the employment or non employment or the terms of employment or the conditions of work of any such workmen”
Parties to the dispute cannot take matters directly to court
A party to the dispute before the court may represent himself or be represented at the proceeding by any official of trade unions or a union employers
The decision handed down by the court referred to as an award which is final and conclusive
NATIVE COURTS
SARAWAK
Establish under Sarawak Native Courts Ordinance 1955
The hierarchy consists of
Headman’s Court (Mahkamah Penghulu) consisting of the Headman and twoAssessors
Native Officer’s or Chief’s Court (Mahkamah bagi Pegawai atau Ketua Anak Negeri) consisting of a native Officer or a Native and two Assessors
District native Court consisting of First Class Magistrate
Resident’s Native Court is also an Appelate Court and consists of a resident together with a native Officer or Chief and two Assessors
Native Court of appeal may consists 3, 5 or seven members including the presiding judge.This court has the same power as the High Court
SABAH
Established under Sabah native Courts Ordinance 1953
The hierarchy consists of :
Native Court (Mahkamah Anak Negeri) consisting of the native Chief and such Headman as may be empowered
District Officer’s Court ( Mahkamah Pegawai Daerah ) consisting of the District Officer
Native Court of appeal ( Mahkamah rayuan Anak Negeri) consists of a Hugh Court judge, The Resident of the area and one native Chief appointed by the Yang Dipertuan Negeri