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How does the court system of Malaysia work (Part II)?

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(e) The Magistrates Court
The Magistrates Courts deal with the vast majority of cases, both civil and criminal, and sit in almost all major towns in Malaysia.
1. First Class Magistrate
A) CIVIL JURISDICTION

A First Class Magistrate may hear a civil case when the amount in dispute does not exceed, RM100,000.
(B) CRIMINAL JURISDICTION

A First Class Magistrate may hear criminal matters of the following nature: -
  • where the offence is punishable by a fine only - this would cover the majority of traffic offences; or
  • where the offence provides for a term of imprisonment not exceeding ten (10) years.


A First Class Magistrate may not, however, impose: -
  • a term of imprisonment exceeding five (5) years;
  • a fine exceeding RM10,000;
  • whipping exceeding twelve strokes; or
  • any sentence combining any of the sentences above.


The civil jurisdiction limit of the First Class Magistrate has been increased under Subordinate Courts (Amendment) Act 2010 (Act A1382) from the previous RM25,000. The Act came into force in March 2013.
2. Second Class Magistrate
A) CIVIL JURISDICTION

A Second Class Magistrate may hear a civil case where the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant, with or without interest, not exceeding RM10,000.

Where the amount claimed does not exceed RM5,000 you may wish to file your claim in the small claims division of the Magistrates Court. If you do so however, you must be prepared to conduct the case yourself, as legal representation is not permitted.
(B) CRIMINAL JURISDICTION

A Second Magistrate may hear criminal matters of the following nature: -
  • where the offence is punishable by a fine only; or
  • where the offence provides for a term of imprisonment not exceeding twelve (12) months.


A Second Class Magistrate may pass a sentence: -
  • a term of imprisonment not exceeding six (6) months;
  • a fine not exceeding RM1,000; or
  • any sentence combining any of the sentences above.


The civil jurisdiction limit of the Second Class Magistrate has been increased under Subordinate Courts (Amendment) Act 2010 (Act A1382) from the previous RM3,000.


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Knowledge Base ID :   1508
Last Reviewed :   February 21, 2014
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