Please enable JavaScript.

Coggle requires JavaScript to display documents.

TRANSFER, Transmission, * however, S.417 sats nothing to higher to lower,…

- - - - Sub Ct
        
        S,177 - unlike the court, the PP may only do this application before sessuib ciyrt
        
        Requirement 1: Can only apply before sentencing
        
        Requirement 2: with the opinion of the court
        
        Shall follows the 2 requirement; hence in most of the circumstances, will just go application to HC.
        
        S.104 of CPC
      - HC
        
        S.417 - 5 grounds of transfer (this 5 grounds is the most used in most applications to transfer the case)
        
        (c) (this can be ground of lateral transfer) - close to the crime scened - view of crime scened
        
        (d) convenient of the party - DPP want to transfer from KL to Muar, bbecause most of the witness is in MUAR ( this one can be verticle)
        
        (b) difficult uestion of law - PP argued the Magistrate is only graduated, yet the case is difficult hence shall transfer case to a experienced judge. (V)
        
        (e) the expedient of justice - but what constitue for the expedient of justice is open for argument
        
        (a) impartial - the DPP says M is bias, there is a conflict of interest has asked transfer case to S ct or HC (V)
        
        S.25(2) CJA + Para 12 Shcedule for transfer case upwand to downwaed
        
        IF want to invole S.417 CPC must included either (aa
        
        (aa) - lateral
        
        (bb) L + V - the court transfer case from sub court to other Higher court.
        In application if use (bb) the DPP file application in HC Muar transfer case to a Higher Court from Session Court Muar Under (bb), the court cannot transfer case to HC Muar, but insteat shall transfer to HC JB
        
        (cc) V - transfer to Higher Court, means can transfer from Session court muar to HC muar
    - - Sub Ct
        
        S.177
        
        S.104
      - HC
        
        S.417
  - - - DPP only need to tendered the certificate, and says it is mandatory to transfer. DPP need is only appear in the court, and says there is a necessity to transfer no reason required to be given.
      - :warning: HOWEVER, refer to Najib's IMDB case, the dpp intent to transfer use this certificate but suddenly withedraw and using S.417 instead (the difficult one) :star:
        WHY
        
        Dato Yap Peng [1987] by Supremen Court :
        S.418A considered is a intefere of judicial power, hence the court says the S.418A is ultra vired Art 121 of FC
        Supposingly, S.418A shall be repeal cause contrary to Art 121 FC, because they wnat to sue S.418A, hence the parliament choose to amend Art 121 FC and remove the judicial power under the article.
        Due to this reason, transfer is no longer a judicial power. BUT if valid ady, why Najib's case still dunwan to use?
        
        Semenyih Jaya [2017]
        
        Indira Gandi [2018]
        abovementioend 2 case, has restored the judicial power under Art 121.
        So in case of Najib, they want to avoid the the defence use Dato Yap Peng, so they choose to withdrawy and apply by S.417 of CPC
      - :warning: S.418A shall not be apply in final because already repealed, and already repealed.
        however, if the question asked in general, can discuss a bit but commet it is ultra vires and no longer applicable.
  - - - S.177 of CPC - the court can transfer the case in any stage of proceedng even during the sentencing.
        
        EG: the M has hear the case until the sentencing, but at that stage M f
        
        Can be M to S; S to HC
      - S.104 of SCA
        
        S.104 is limited from M to Session Court, and only ican transfer on the ground for the interest of justice.
        
        ONLY M to S
      - NOTE: Subordinate court included the Session Court and Magistrate Court.
    - - S,417 of CPC - HC may give instruction to lower court to transfer the case to HC
      - S.25 (2) of CJA - para 12 schedule
      - Normally hapened during appeal. For example, A apply to transfer case, but M reject, the A appeal to HC, HC allowe to transfer case from M to S
- - - - S.99A SCA
      - S.104 SCA
    - - S417*2(
      - S.25(2) CJA
  - - - Sub Ordinate Court
        
        S.99A of SCA
        
        S.104
      - High Court
        
        S.417(2)
        
        S.25
    - - Subordinate Court
        
        S.99A SCA
        
        S.104
      - HC
        
        S.417(2)
        
        S.25