Senarai Hakim

Profil Pengarah

Profil Pengarah

                                                          

 

Tuan Mohd Azhar Bin Othman
Pengarah Mahkamah Negeri Johor

Prosedur Bagi Kes Jenayah

1. GENERAL INFO

WHAT IS A CRIMINAL PROCEEDING?

  • Criminal proceeding is a legal proceeding where an accused person is prosecuted for committing a criminal offence and can be sentenced upon conviction.

HIERARCHY OF TRIAL COURT

  • High Court – to hear all criminal cases punishable with death
  • Sessions Court – to hear all criminal cases except cases punishable with death.
  • Magistrates’ Court – to hear all criminal cases which carry maximum term of imprisonment sentence of 10 years of imprisonment and/ or fine.
     

PARTIES IN CRIMINAL PROCEEDING

  • Magistrate/ Session Court Judge – A judge who will preside the proceeding in court.
  • Prosecutors – A Legal Officer who will conduct prosecution proceeding of the accused person.
  • Defence Counsel – A Lawyer representing the accused person.
  • Witnesses – Persons who will be called by the prosecution/ defence counsel to give evidence in court.
  • Accused – A Person charged for committing a criminal offence.
     

EXAMPLES CRIMINAL OFFENCES

  • Public nuisance
  • Rape
  • Voluntarily causing hurt
  • Causing miscarriage
  • Wrongful confinement
  • Assault
  • Kidnapping
  • Incest
  • Theft
  • Extortion

2. WHAT US REMAND

  • A suspect can only be detained for the purpose of police investigation in the police station for not more than 24 hours.
  • If the police investigation cannot be completed within this period and the police wish to detain the suspect beyond 24 hours, an application for further detention must be made within 24 hours to the Magistrate’s Court.
  • A Magistrate is a judicial officer who has the power to make a remand order.
  • A person is “remanded” when the Magistrate gives a remand order to extend the suspect’s detention beyond 24 hours.
  • The purpose of remand is to give more time to the police to complete the investigation and to decide whether there is enough evidence to charge the suspect for the suspected offence. The police must make the remand application without unnecessary delay.
  • At the remand stage, a suspect is still considered innocent. 

3. WHAT HAPPEN IF I GET REMANDED

What Happens During Remand?

  • The police must give reasons to the Magistrate to justify as to why they need to detain the suspects beyond 24 hours. The Magistrate will consider these reasons carefully.
  • If the offence investigated relates to imprisonment of less than 14 years, the detention shall not be for more than 4 days on the first application and subsequently, not more than 3 days on the second application.
  • If the offence investigated relates to imprisonment of more than 14 years, the detention shall not be for more than 7 days on the first application and not more than 7 days on the second application.
  • During remand, a suspect may request to:
    • be represented by a lawyer;
    • contact his or her family members;
    • get medical attention;
    • make complaints if he or she was ill-treated or denied proper food, water or clothing.
  • At the end of the remand application, the Magistrate may make a remand order or may refuse to grant one. If the Magistrate refuses the remand, or the period of the second remand lapses, the police must either charge the suspect or release him.
  • If an order for remand is made, suspect will be taken to the police lockup.
  • The suspect may be allowed visits by his or her lawyer or family members.


 

1. WHAT DO I DO IF I AM PROSECUTED

What happens If I Am Prosecuted?

  • When you are charged in court you will be referred to as ‘accused person’.
  • The court interpreter will read out the charge to you.
  • You will then be asked if you understands the charge.
  • You will be asked whether you pleads guilty or claim for a trial.
  • The Court will then record your plea.

2. WHAT ABOUT BAIL

WHAT IS BAIL?
Temporary release of an accused person upon depositing sufficient securities to the court and an undertaking by the bailor to ensure the attendance of the accused person throughout the trial.

WHO CAN BE A BAILOR?

  • An adult (aged above 18 years).
  • A Malaysian Citizen (for non-citizen, the person shall be subjected to the condition to be imposed by the court);
  • For a foreign accused person, the bailor shall be a Malaysian Citizen;
  • Understand all the conditions imposed by the court;
  • Able to produce the bail fixed by the court.

BAIL PROCESS

  • Bail will be processed at the relevant court registry;
  • The bailor must produce the following:
  • The bailor’s identity card; and
  • The saving account/ fixed deposit to be used as bail
  • The Registry/ Magistrate will explain the conditions of the bail to the bailor and the accused person.
  • The bailor will be given a reference letter which must be kept for any matters relating to the bail bond.

WHAT IS THE RESPONSIBILITY OF A BAILOR

  • The bailor must ensure the attendance of the accused to the court on the dates fixed by the court.

RISK OF BECOMING A BAILOR

  • If the bailor fails to adhere to any of the condition of the above bail, the court may forfeit the bail.

3. SENTENCES

Sentencing

  • The Court will pass the sentence according to law.  A sentence may include either one or more of the following:
    • imprisonment,
    • fine,
    • whipping.
  • The Court will only pass a sentence after considering the seriousness of the offence, any previous convictions (if any), a plea of mitigation factors and aggravating factors.
  • Plea of Mitigation 
    • A "plea of mitigation" is when the accused asks the court for leniency in sentence.
      • Mitigating factors may include;
        • Family background, educational qualification, medical history, employment history and any other relevant factors.
  • Aggravating factor
    • After delivering your plea of mitigation, the Court will then ask the prosecution for any reasons to give you a harsher punishment
    • Aggravating factors may include;
      • The seriousness of the harm, lack of accused’s lack of remorse, and any other relevant factors.

FILING AN APPEAL

Appeals

  • After the judge or magistrate has pronounced judgment, either the accused or the prosecution may, within 14 days appeal to a higher court.
  • Prosecution’s Appeal
    • The prosecution may appeal against your acquittal.
    • An appeal against conviction means that you were found not guilty. The prosecution will attempt to convince the higher court that you should have been found guilty.
    • In an appeal against sentence, the prosecution will attempt to convince the higher court that you should have received a harsher sentence. Family background, educational qualification, medical history, employment history and relevant factors which gave rise to the offence.
  • Accused’s Appeal
    • The accused may appeal against conviction and/or sentence.
    • In an appeal against conviction, the accused must convince the higher court why the lower court ought not to have found the accused guilty.
    • In an appeal against sentence, the accused will have to satisfy the higher court that the sentence was too harsh and that it ought to be reduced.
    • If the accused pleaded guilty, he does not have the right to appeal his conviction but may still appeal against his sentence.
  • Stay of Execution
    • After sentence is passed, the accused may ask the court to grant a “stay of execution”.  This is essentially a request to postpone the sentence until the appeal is heard and decided.
    • If the accused decides to appeal, he must make an application to the court which passed the sentence for a stay of execution.
    • The filing of an appeal will not automatically operate as a “stay of execution”. Therefore, unless the accused applies for a stay of execution, he will still have to serve his sentence while his appeal is pending. The only exception is whipping. An appeal will automatically stay a sentence of whipping.

Prosedur Bagi Kes Sivil

1. GENERAL INFO

What Is A Civil Claim? 

  • A civil claim is a legal and factual dispute between two or more parties claiming for remedies, damages or compensation.

Filing a Civil Claim

  • A claim by an individual not more than RM5,000.00 can be filed in the Small Claims Court.
  • The Magistrates’ Court will hear all civil claims up to RM100,000.00.
  • The Sessions Court will hear all civil claims between RM100,001.00 to RM1,000,000.00
  • The High Court can hear all monetary claims (unlimited jurisdiction).

Examples of Civil Claim

  • Personal Loan
  • Housing Loan
  • Hire Purchase
  • Study Loan
  • Credit Card
  • Breach of Contract
  • Dispute involving Movable and Immovable Property
  • Dispute between Landlord and Tenant
  • Civil claims involving motor vehicle accidents
  • Personal Injury Claims

2. HOW TO FILE A CLAIM

Before you file a claim in Court you should first consider the following:

  • Cause of action. Is there a proper basis for your claim?
  • Limitation period. Are you within time to file your claim?
  • Evidence. How will you back up your claim? Do you have the necessary evidence in the form of documents or witnesses?
  • Costs of litigation. You will need to incur Court filing fees and litigation may take up a substantial amount of your time. You should also consider the possibility of losing your case and the consequences of that - such as being ordered to pay your opponent’s costs. 

MODE OF COMMENCEMENT

  1. Writ of Summon

    • If your claim involves a substantial dispute as to the facts, then it must be commenced by way of Writ.

      The writ must be endorsed with a Statement of Claim or a concise statement of what your claim or the relief or remedy you seek.
      There must be sufficient information and particulars in the statement for the Defendant to be clear about what it is you are claiming against him/her for.
      State the number of days that the Defendant(s) has to enter an appearance to your Writ.

      CLICK HERE FOR A SAMPLE WRIT

    • 1.1. Service of Writ

      The writ can be served in the following manner:

      Personal Service / by way of Prepaid AR Registered Post addressed to his last known address
      If personal service failed, an application for substituted service shall be filed

    • 1.2.Important Information to be stated on your Writ

      The address of your residence 
      If your address is not in Malaysia, or if you do not have a place of residence in Malaysia, then give an address within Malaysia where documents may be delivered to you at your occupation

  2. Originating Summons

    • i) What is Originating Summons (“OS”)

      OS is to be used when it is required by a statute, a dispute which is concerned with matters of law and where there is unlikely to be any substantial dispute of facts. Hence, OS should not be used if there are dispute of facts.

      CLICK HERE FOR A SAMPLE OF OS

    • ii) Features of OS

       The OS must be filed together with an Affidavit in Support exhibiting documentary evidence intended to be relied on
       It is heard by a Judge
       No pleadings are required.

    • iii) Contents of an OS

      A statement for determination or for direction or a concise statement of the relief or remedy claimed, •Particulars to identify cause or causes of action in respect of which the Plaintiff claims that relief or remedy

    • 2.1 Filing

      Filing can be done at the Court Registry depending on your location. You will then need to extract a sealed copy of the same and serve your Court papers to the Defendant within 6 months.

3. HOW TO DEFEND A CLAIM

  1. Steps to take after you are served with a Writ of Summons
  2. Steps to take after you are served with an Originating Summons
  3. When does the pleading close?

The pleadings (in the case of a Writ action) or exchange of Affidavits (in the case of an OS action) will be closed when the respective parties have filed the following:

For Originating Summons For Writ of Summons 
Plaintiff's Writ Plaintiff's Originating Summons
Plaintiff’s Statement of Claim Plaintiff’s Affidavit in Support15
Defendant’s Statement of Defence Defendant's Affidavit in Opposition
Defendant’s Counterclaim (if any) Plaintiff’s Affidavit in Reply
Plaintiff’s Reply to Defence (if any)  
Plaintiff’s Defence to Counterclaim (if any)  
Defendant’s Reply to Plaintiffs’ Reply to Defence  

1. WHAT DO I DO IN TRIAL

Before a trial begins, you will have to attend pre-trial case management.

On The Hearing Date Pre-Trial Case Management (PTCM)

  • Upon the close of pleadings, the Court will call the parties up for a PTCM.
  • You must compile all your documents and identify your witnesses.
  • At the PTCM, the Court will inquire on the issues, documents and witnesses of the case.
  • The Court will then give direction as to what documents are needed to be filed in Court together with the timelines for all the filings.
  • You must comply with the timelines unless an extension of time is allowed by the Court.
  • Failure to comply with the directions may result on the dismissal of your claim.

On The Hearing Date

  • If you require the court to issue a subpoena to your witnesses, an application should be made earlier to the court.
  • Remind witnesses of the trial date.
  • Arrive at the court complex 15 minutes earlier than the stipulated time. The court will convene at 9:00 am.
  • Dress appropriately. You must comply with the court dress code.
  • Upon arrival, please check your case in the cause list displayed at the court notice board or inform the court interpreter of your attendance.
  • Bring along documents to be used during trial.
  • Speak and conduct yourself in a courteous manner. If you are addressing a Judge in the Sessions Court, you should refer the Judge as "Tuan Hakim" or "Puan Hakim”.  For Magistrates Court, you should refer the Judge as "Tuan Majistret" or "Puan Majistret" or "Your Honour".

Trial Procedure

  • If you are the Plaintiff you will start first. You can call witnesses or testify yourself. You must also produce your documents for you and your witnesses to identify.
  • You and your witnesses can be cross examined by the Defendant.
  • After cross examination, you may re-examine the witness to explain what he or she had said during cross examination. You cannot bring up additional issues that was not raised during the cross examination.
  • After you have called all your witnesses the Defendant will then start his case by calling his witnesses and by repeating the same process. 
  • Submission can be done by way of oral or written at the end of the case  :
  • Reply by the plaintiff.
  • Defendant’s submission ; and
  • Plaintiff’s submission ; followed by
  • Decision of the Judge/ Magistrate.
  • The judgment is the decision of the Court at the conclusion of the trial. The Court may either allow or dismiss your claim.
  • Costs – usually the losing party will have to pay the cost of the successful party.

Filing of Judgement

  • If you are the successful party, you have to file a draft judgment / order of the Court according to Form 75 Rules of Court 2012.
  • After extracting the draft judgment / order you need to file the fair copy of the draft judgment / order.
  • After filing the fair copy of the judgment / order, you have to serve it to the losing party.

2. WHAT IF I DISAGREE WITH THE DECISION OF THE JUDGE?

  • If the Judge decides against your case, do not argue with him or her in the Courtroom.
  • You may appeal against the decision.
  • The appeal must be filed within 14 days after it is pronounced.

DOWNLOAD  NOTICE OF APPEAL    

WHAT DO I DO WITH THE COURT ORDER?

  • When you obtained a judgment against the opposing party, you are first required to serve the judgment.
  • Upon receiving the judgment, the opposing party must obey the terms ordered against him/her by the Court.
  • If the opposing party fails or refuses to comply with the order, our legal system provides several types of enforcement procedures.
     

ENFORCEMENT OF JUDGMENT

Judgment Debtor Summons

  1. If you are enforcing the judgment you are referred to as the judgement creditor and the opposing party as the judgment debtor.
  2. This is an application which can be used for discovery of information on the assets and financial means of the judgment debtor.
  3. The judgment debtor will be called to appear before the Judge/Magistrate.
  4. The Court can order the judgment debtor to pay the judgement sum either in one lump sum or instalments.
  5. If the judgment debtor fails to comply with the Court order, he will be called upon again to show cause why he should not be imprisoned.

Writ of Seizure and Sale

  1. This application is applicable to movable properties.
  2. The Court will command the Sheriff or Bailiff to seize and sell of the property of the judgment debtor to satisfy the judgment sum due.
  3. This process will be carried out through an auction of the seized items.
  4. The proceeds will be channelled to the Judgement Creditor.

Writ of Possession

  1. This application is exclusively for immovable properties.
  2. The Court directs the Sheriff/Bailiff to enter and take possession of the Judgment Debtor’s property.
  3. The seized property will be auctioned off to satisfy the judgment debt.

Garnishee Proceedings

  1. A Garnishee application may be applied to attach monies owed from a judgment debtor’s bank account to satisfy the sum due.
  2. The Court will order the judgment debtor’s banks to attach whatever amount in the judgment debtor’s bank account to satisfy the judgment debt owed to the judgment creditor.
  3. In the first process the judgment creditor may obtain an order to attach/ freeze the judgment debtor’s bank account. iv) In the second stage the Court will order the Bank to remit the monies in the account to the judgement creditor to satisfy the judgment.  

Pusat Mediasi Mahkamah Negeri

RUANGAN MEDIASI MAHKAMAH JOHOR BAHRU

 

TINGKAT 25, MENARA MSC CYBERPORT,

NO. 5, JALAN BUKIT MELDRUM

80300 JOHOR BAHRU, JOHOR

 

NO. TELEFON : 07-2267526

ALAMAT EMEL : pmjb@kehakiman.gov.my

Registrar of the Court of Appeal

Puan Jumirah binti Marjuki

Pendaftar Mahkamah Rayuan Malaysia

Registrar's Office of the High Court of Malaya

Pejabat Pendaftar Mahkamah Tinggi Malaya adalah bahagian yang bertanggungjawab ke atas pentadbiran di seluruh Mahkamah Tinggi Malaya. Pejabat Pendaftar Mahkamah Tinggi Malaya diketuai oleh Pendaftar Mahkamah Tinggi Malaya dan dibantu oleh Timbalan Pendaftar dan Penolong Kanan Pendaftar.

 

1. Bertanggungjawab melaksanakan arahan yang diberikan oleh YAA Hakim Besar Malaya, Hakim-Hakim Pengurus dan Ketua Pendaftar Mahkamah Persekutuan Malaysia.

2. Bertanggungjawab melaksanakan tugas-tugas pentadbiran am dan kehakiman di semua Mahkamah Tinggi Malaya di Semenanjung Malaysia bagi memastikan sistem penyampaian yang baik, lancar, efisien, cepat, adil dan saksama.

3. Menyediakan dan mengeluarkan arahan amalan dan pekeliling Pendaftar Mahkamah Tinggi Malaya selaras dengan keperluan semasa.

4. Menyelia hal ehwal surat kuasa mati, penguatkuasaan, kebangkrapan, lelong dan surat kuasa wakil.

5. Mengawalselia Timbalan Pendaftar dan Penolong Kanan Pendaftar Mahkamah Tinggi Malaya di Semenanjung Malaysia.

6. Menyelia keperluan logistik, aset dan inventori semasa bagi Pejabat Pendaftar Mahkamah Tinggi Malaya dan seluruh Mahkamah Tinggi Malaya di Semenanjung Malaysia.

7. Memantau perjalanan kes dan statistik di Mahkamah Tinggi Malaya di Semenanjung Malaysia.

8. Menyelia keselamatan dalaman dan luaran Pejabat Pendaftar Mahkamah Tinggi Malaya dan Mahkamah-Mahkamah Tinggi Malaya di Semenanjung Malaysia.

9. Mengawalselia perjalanan dan pentadbiran Unit Sijil Amalan.

10. Menguruskan penghantaran dokumen mahkamah di luar bidang kuasa ke luar negara dan ke dalam Malaysia.

11. Menguruskan pendaftaran perintah-perintah berkenaan dengan nafkah dari negara salingan menurut seksyen 3 akta perintah nafkah (kemudahan penguatkuasaan) 1949.

12. Menguruskan permohonan perkhidmatan jurubahasa asing bagi kes-kes jenayah di seluruh Mahkamah Tinggi Malaya di Semenanjung Malaysia.

 

Registrar's Office of the High Court of Sabah and Sarawak

Pejabat Pendaftar Mahkamah Tinggi Sabah dan Sarawak adalah bahagian yang bertanggungjawab ke atas pentadbiran Mahkamah di seluruh Mahkamah Tinggi Sabah dan Sarawak.Pejabat Pendaftar Mahkamah Tinggi Sabah dan Sarawak diketuai oleh seorang Pendaftar Mahkamah Tinggi Sabah dan Sarawak dan dibantu oleh seorang Penolong Kanan Pendaftar. 

 

Fungsi tugas:

 

  1. Mengeluarkan arahan-arahan dalaman yang berkaitan dengan pentadbiran Kehakiman untuk dilaksanakan selaras dengan arahan YAA Ketua Hakim Negara dan Pejabat Ketua Pendaftar.
  2. Mengawal selia pentadbiran Mahkamah Tinggi dan Mahkamah Rendah Sabah dan Sarawak.
  3. Mengeluarkan arahan-arahan amalan dan peraturan seperti yang diarahkan oleh YAA Hakim Besar Sabah dan Sarawak.
  4. Membuat perancangan dan memantau perlaksanaan dasar-dasar pentadbiran Mahkamah Sabah dan Sarawak selaras dengan arahan oleh YAA Hakim Besar Sabah dan Sarawak dan Pejabat Ketua Pendaftar Mahkamah Persekutuan Malaysia dari masa ke semasa.
  5. Merancang dan meyelia keperluan Mahkamah Sabah dan Sarawak termasuk merancang dan melaksanakan program-program latihan, pertukaran pegawai dan kenaikan pangkat.
  6. Merancang keperluan fizikal Mahkamah-Mahkamah di Negeri Sabah dan Sarawak iaitu memantau perlaksanaan projek-projek pembangunan di bawah peruntukan Bahagian Hal Ehwal Undang-Undang (BHEUU) dan POJ.
  7. Menyelaras laporan prestasi tahunan pegawai dan kakitangan di bawah pemantauan Pejabat Pendaftar Mahkamah Tinggi Sabah dan Sarawak.
  8. Menghadiri mesyuarat di peringkat Negeri dan Persekutuan termasuk di Palace of Justice (POJ).
  9. Mengadakan mesyuarat berkala dengan persatuan-persatuan Peguam Sabah dan Sarawak untuk mendapatkan maklumbalas bagi menambahbaik sistem penyampaian dalam tugasan kehakiman di Mahkamah Sabah dan Sarawak.
  1. Mengambil tindakan terhadap pengaduan orang awam terhadap mana-mana peguam.
  2. Mengendalikan pendaftaran “Bill of Sales”.
  3. Mengesahkan "Writ Of Seizure and Sale” dan “Arrest of Ships".
  4. Melaksanakan "Memorandum of Transfer” selepas penjualan secara tender atau lelongan Mahkamah
  5. Menjadi Trustee kepada Akaun Fixed Deposit "Judgment Creditors" setelah bayaran dikeluarkan dari Daftar Deposit.
  6. Mengeluarkan Sijil Amalan (Practising Certificates) tahunan. 
  7. Menyediakan dan mengeluarkan perintah ("Order") kepada peguam-peguam baru, Ad Hoc Admission & Exemption Orde selepas didengar oleh YAA Hakim Besar Sabah dan Sarawak.
  8. Mengadakan mesyuarat dengan pegawai kehakiman di bawah seliaan untuk mendapatkan maklumbalas bagi menambahbaik sistem penyampaian dalam tugasan kehakiman di Mahkamah Sabah dan Sarawak.
  9. Mempengerusikan urusan tatatertib bagi pegawai dan kakitangan Mahkamah Sarawak.

Registrar's Office of the High Court of Sabah and Sarawak

Registry Office of the Court of Appeal

The Registry of the Court of Appeal is responsible for the administration of the Court of Appeal in Malaysia. The office is led by the Registrar of the Court of Appeal with assistance from the Senior Deputy Registrar,Deputy Registrar and Senior Assistant Registrar.

 

The office also held the responsibility to excute the order issued by the President of the Court of Appeal as well as the instruction issued by the Chief Registrar of the Federal Court. In addition, this office also holds it function inthe general administration and also judiciary by ensuring as follows:

 

Registration and processing documents for appeal cases

Conducting case management prior to the hearing dateis fixed

Ensuring that the trial run smoothly

Processing the draft order and sealed order after the trialis completed

The oftice also prepares and issues practice direction and circular made by the President of the Court of Appeal if the need arises. Aside from its aforementioned roles, this office also supervises its assets, logistics, as well as inventories and supervises court cases and statistics. This office also mes it role in ensuring the internal and external security of the court of appeal.

 

Address

  • Registry Office of the Court of Appeal
  • Court of Appeal, Level 2,
  • Istana Kehakiman, Precint 3,
  • 62506 PUTRAJAYA

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