107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

THE ADMINISTRATION OF CRIMINAL JUSTICE IN
MALAYSIA: THE ROLE AND FUNCTION OF PROSECUTION
Abdul Razak Bin Haji Mohamad Hassan*
INTRODUCTION

PART I

Malaysia as a political entity came into
being on 16 September 1963, formed byfederating the then independent
Federation of Malaya with Singapore,
North Borneo (renamed Sabah) andSarawak, the new federation being
Malaysia and remaining and independent
country within the Commonwealth. On 9
August 1965, Singapore separated to
become a fully independent republic within
the Commonwealth. So today Malaysia isa federation of 13 states, namely Johore,
Kedah, Kelantan, Selangor, Negeri
Sembilan, Pahang, Perak, Perlis,
Trengganu, Malacca, Penang, Sabah andSarawak, plus a compliment of two federal
territories namely, Kuala Lumpur andLabuan.
Insofar as its legal system is concerned,
it was inherited from the British when theRoyal Charter of Justice was introduced in
Penang on 25 March 1807 under the aegis
of the East India Company. Appropriately,
the Malaysian legal system has not beenplucked out from the sky but it is the
product of our experiences over the
centuries; so does its criminal justicesystem which goes side by side with thedevelopment of its legal system. In
discussing the subject of The
administration of criminal justice,understanding the constitutional history
just cannot be avoided. Inadvertently, thelegal system that Malaysia inherited fromits colonial masters colours the pattern ofthe criminal justice system today.

A. Constitutional History
The territories of Malaysia had been partof the British Empire for a long time. Afterthe Second World War, there was a brief
period of British military administration.
A civilian government came into being in1946 in the form of a federation known as
the Malayan Union consisting of the elevenstates of what is now known as West
Malaysia. This Federation of Malaya
attained its independence on 31 August
1957. In 1963, the East Malaysian statesof Sabah and Sarawak joined theFederation and was renamed “Malaysia”.

* Deputy Head of Criminal Investigation
Department, Royal Malaysia Police, Sarawak
Contingent, Malaysia.

B. Parliamentary Democracy andConstitutional Monarchy
The Federal constitution provides for aparliamentary democracy at both federal
and state levels. The members of each statelegislature are wholly elected and eachstate has a hereditary ruler (the Sultan)
or Yang di-Pertua Negeri (Governor) in thestates of Malacca, Penang, Sabah andSarawak. The head of state must act inalmost all matters on the advice ofministers drawn from and responsible to
the State Legislative Assembly.
This pattern is repeated at the federal
level. Parliament is a bicameral
legislature, the lower House (the House ofRepresentatives) being wholly elected. The
federal head of state, known as the Yang
Di Pertuan Agong, who is appointed fromamong the nine Malay Sultans and serves
a five-year term, must act on the advice of
the Federal Cabinet or a minister acting
under the general authority of the cabinet.
The Prime Minister has to be a member of

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the House of Representatives commanding
the confidence of the House. The Upper
House, the Senate, has two senators electedby each Sate Legislative Assembly and anumber of members nominated by theFederal Government.
All laws are passed by Parliament, andthere are bodies that see to its enforcement.
The interpretation of the laws lies mainlywith the judiciary. The country exercises
formal social control through theestablishment of a formal criminal justicesystem which is characterised by theexistence of criminal laws, law enforcement
agencies, prosecutors, judges, magistrates,
correction officials, prisons and otherinstitutions.
C. The Administration of Justice
The federal constitution provides for the
exercise of power by the Legislature, theExecutive and the Judiciary. The judiciary
plays an important role in this balance ofpower. It has the power to hear anddetermine civil and criminal matters, andto pronounce on the legality of any
legislative or executive of the federal aswell as state constitutions.
The fundamental principle in Malaysia
is that an accused person is innocent until
proven guilty by a competent court of law.
Thus the criminal justice system in
Malaysia provides various safeguards toprotect accused persons. A duty is imposedon the states, particularly the police force,to maintain law and order in the interestof the public. Investigation into an offence
resides with the police, and the duty to
decide whether a person ought to be
charged or not lies with the Attorney
General, who is a public prosecutor.
D. Hierarchy of The Courts andTheir Jurisdiction
The Federal Constitution of Malaysia
specifically provides for the rights of theindividual and to ensure that those rights
are upheld. It also provides an avenue for248

which those who suffered any grievancesor those who acted against the country’slaws, to seek redress or to be punished. The
courts for the administration of criminal
justice are provided for by the constitution
and other laws.
The highest in the hierarchy of thecourts is the Federal Court. It is the final
court of appeal. The court’s jurisdiction isappellate, supervisory and advisory. This
court consist of the Chief Justice and twoother judges of the High Court or a greater
uneven number as decided by the Chief
Justice. The Court of Appeal has appellate
jurisdiction to hear all appeals on questionof law or sentences from subordinate
courts. Three judges will sit in the courts
to make decisions on any appeal. The High
Court has jurisdiction to try all offenceswith the highest maximum sentence ofdeath and also has appellate jurisdiction
to hear appeals of cases from subordinate
courts.
The Sessions Court has jurisdiction to
try all offences except those with a possible
sentence of death. Normally one judge will
sit in the court to hear such cases.
The Magistrate Court is the lowest rungin the hierarchy of courts. It consists of
two categories of magistrates, i.e., FirstClass Magistrates and Second Class
Magistrates. First Class Magistrates arelegally qualified and have jurisdiction to
try all offences punishable withimprisonment of up to ten years or with afine and 12 strokes of whipping. However
their sentencing powers are limited to
impose imprisonment sentences of not
more than 6 years.
Lately because of the high backlog ofcases in the Sessions Court, the power of
the First Class Magistrate Court has been
increased to hear cases of robbery under
section 392 of the Penal Code andhousebreaking and theft under section 457
of the Penal Code, which are punishable
with imprisonment of not more than 14
years.

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Second Class Magistrates are normally
public servants and junior court officials
experienced in judicial administration. The
sentencing in criminal cases is only limited
to imprisonment of not more than 12
months or a fine.
One interesting point to note is that, theFirst Class Magistrates also perform duties
in Juvenile Courts, to try youthful
offenders of the ages of 10 to 18 years. The
magistrate sits with two advisors hearing
all offences except those punishable withdeath. The court is being conducted in the
Magistrate Chambers, to the exclusion of
the public. The principle of this court is torehabilitate the youthful offenders,preventing their development as criminals.
PART II
A. Structure and Roles ofProsecution
The prosecution of criminal cases is themain domain of the public prosecutor. In
Malaysia, the person responsible for thisis the Attorney General. He holds office byvirtue of Article 145 of the Federal
Constitution of Malaysia. The powers
given to the Attorney General is containedin clause (3) of Article 145 which reads asfollows:
The Attorney General shall havepower, exerciseable at his discretion,
to institute, conduct or discontinue
any proceedings for an offence, otherthan proceedings before a Syariah
Court, a Native Court or a Court
Martial.
The law relating to criminal procedurein Malaysia is contained in the Criminal
Procedure Code (F.M.S. Cap. 6) (hereinafter
mentioned as CPC). The Code lays down
rules for such matters as the mode ofarrest; search of body, property or premises;
police investigation of a case; prosecutionof an accused person; and procedure fortrial and the court competent to try andpunish offences. In particular, according

to section 376 (I) of the CPC, the Attorney
General shall be the public prosecutor andshall have control and direction of all
criminal prosecutions and proceedings
under the Code.
The Attorney General is appointed by
the Yang Di Pertuan Agong on the adviceof the Prime Minister. Among the criteria
on his appointment, he must be a person
who is qualified to be a judge of the Federal
Court. Immediately under him is the
Solicitor General who also performs thesame function in the absence of the
Attorney General. Holding officers underthe Attorney General’s Chamber are the
Senior Federal Counsel, Federal Counsel
and Deputy Public Prosecutor. The
Attorney General oversees all criminal
prosecution in the country and in eachstate. There are Senior Federal Counsel
and Deputy Public Prosecutors who
perform this duty on the Attorney General’sbehalf.
The Public Prosecutor may appoint
deputies who shall be under his generalcontrol and direction. The Deputy Public
Prosecutor may exercise all or any of therights and powers vested in or exerciseable
by the Public Prosecutor. The power toinstitute criminal proceedings by the Public
Prosecutor includes the power to bringcriminal charges against persons.
The rights to appear before a court
proceeding accorded to the Public
Prosecutor is contained in sections 377 and380 of the CPC. Besides the Public
Prosecutor, the following persons are also
authorised to conduct prosecution in court:(1) a deputy public prosecutor,(2) an advocate authorised in writing by
the Public Prosecutor or a deputy
public prosecutor, and(3) a police officer not below the rank ofInspector.
The conduct of criminal proceedings inthe High Court is usually done by the
Public Prosecutor or his deputy. The casesthat go to the High Court are of a serious
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nature and demand meticulous attention.
These are usually the cases that involved
the death penalty or acts against the
security of the country. Criminal trials in
the Sessions Courts are now being
conducted by deputy public prosecutors.
Formerly, it was done by the police.
Prosecution of criminal matters in the
Magistrate Courts are being done by thepolice. Besides the police, subsection (I),section 380 of the CPC allows any public
officer to prosecute in any court in any casein which he is by any written law
authorised to prosecute in such court. Thisrefers to Immigration Officers, Custom
Officers, Income Tax Officers and AntiCorruption Agency Officers who have been
given powers to prosecute cases coming
under their respective departments. For
instance, section 117 of the Customs Act
1967 provides that prosecution in respectof offences committed under the Act may
be conducted by a Senior Officer ofCustoms, and section 39(2) of the
Immigration Act 1959/63 states that every
Immigration Officer shall have authority
to appear in court and conduct prosecutionof offences relating to the Act.
Deputy public prosecutors are law
graduates either from local universities orfrom England. Before their appointment,
they received intensive in-service training
locally at the Judicial and Legal Institute.
Similarly with police prosecutors in thelower courts undergo basic/advanceprosecution courses at the Police College.
Furthermore, section 3(3) of the Police Act
1967 provides that one of the duties of thepolice force is to prosecute offenders incourt.
B. Professional Ethics ofProsecutors
Public prosecutors are part and parcelof the court officials. They are therefore
bound by the ethics of the legal profession
which are administered by the Law Society.
Due to the public nature of the prosecutors

250

duty, it is essential that their performance
be above reproach. Courses and seminars
are held frequently to train prosecutors on
this aspect. Proper conduct of prosecutors
in court is a norm and would greatly assist
the court in the smooth running of the court
proceedings. In this respect, mostprosecutors are well versed with the court
rules and procedure. Prosecutors have tobe ready to proceed with a trial on a given
date and would only request for
adjournment in very extenuating
circumstances.
C. Investigation of Criminal Cases
The criminal law defines criminal anddelinquent behaviour and specifies
sanctions which are enforced by a threatof punishment. In Malaysia, most of thepenal provisions are contained in the Penal
Code. The Code declares what acts oromission are offences and also provides for
its punishment. It specifies thecircumstances in which an act or omission
will be regarded as an offence. This
includes act or omission done intentionally,knowingly, voluntarily, fraudulently or
dishonestly. It classifies offences such as
those affecting the human body (e.g.,murder, causing hurt), affecting property(e.g., theft, robbery), affecting reputation(e.g., defamation, insult), affecting public
peace (e.g., unlawful assembly, rioting) andthose affecting public health and safety(e.g., adulteration of food). It also
determines the nature and quantum ofpunishment to be given for specific offences.
Beside the Penal Code, there are numerous
statutes which are either designed topunish specific offences such as theDangerous Drug Act 1952 or which seek toregulate specific activities and only punish
those who violate the rules (e.g., the Food
Act 1983). Some statutes provide forpreventive detention of persons without
trial in a court of law, and this is to prevent
them from engaging in any activity
prejudicial to peace, order and security. The

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Internal Security Act 1960 is one of thoselaws.
D. Law Enforcement Agencies
The sanctions imposed by the criminal
law are carried out by the law enforcement
agencies. The main body that does this is
the police apart from other government
agencies (e.g., Customs and Immigration
Departments, to name a few). The
functions of the police and other law
enforcement agencies are to carry out
investigation into any act or omission thati s c o n t r a r y t o l a w. T h e s e c a n b esummarised into three categories, namely:(1) the discovery that a crime has beencommitted,(2) the identification of the person/
persons suspected of committing theoffence, and(3) the collection of sufficient evidence toprosecute the suspect before thecourt.
The powers given to the police in respectof investigation are contained in the CPC
although the Police Act 1967 Part VII also
lists the duties and powers of police officers.
Section 107 of the CPC requires every
information relating to the commission ofa crime is to be reduced into writing if given
orally to the officer in charge of a police
station. This happens when a person comesto the police station and makes a report ofany incident. In legal term, this report isreferred to as the first information reportand its significance is that it is usually
made very early after the occurrence of acrime. Thus the likelihood of fabricationis small because the memory of theinformant is still fresh. This will form thebasis of the case and the police will swing
into action. Every such information shallbe entered in a book and kept in the police
station. It includes details such as the dateand hour when the information was given
and the signature of the person making thereport. A copy of this report is then given
to the police officers whose task is toinvestigate and they must be police officersof the rank of Sergeant or above or theofficer in charge of the police station. They
are called Investigation Officers or I.O.s.
E. Conduct of Investigation
In theory, as soon as the information isreceived, the investigating officer shallsend the first information report to the
public prosecutor. However, in practice thisis usually not done and the investigating
officer will normally straight away carryout the investigation. This includes themaking of enquiries on the spot and thevisit of the crime scene. The offender has
to be traced and arrested. There are four
categories of persons who may affect arrest,
namely, the police officer, the Penghulu, theprivate person and the magistrate. Section
23 of the CPC allows a police officer toarrest without a warrant for any seizableoffence committed anywhere in Malaysia.
A seizable offence is an offence in which a
police officer ordinarily arrests without awarrant according to the third column ofthe first schedule of the CPC. These areoffences punishable with death or offences
punishable with imprisonment for three
years and above. Offences punishable witha fine only are described as non-seizableoffences. The Penghulu may arrest without
a warrant for a seizable offence but section
25 of the CPC requires him to hand overthe person arrested to the nearest police
station or police officer who shall thenrearrest the person. A private person may
arrest as provided under section 27 of the
CPC, but the offence committed by a person
must be a seizable one and committed in
the view of the private person. Again the
person arrested must be handed over to thenearest police station or a police officer
without necessary delay. The mode ofarrest is provided in section 15 of the CPC.
Specifically, when a person is arrested, heshall actually be touched or his bodyconfined unless he submits to the custodyby word or action.

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When a person is arrested, his body may
be searched and all articles found be placedin safe custody. If these articles have any
connection with a crime committed, thenthey may be detained until his dischargeor acquittal. According to section 20 of the
CPC, only a police officer can conduct abody search with strict regard to decency.
The investigating officer can, when hereceived the first information report,
discontinue to investigate if he finds that
there is insufficient ground for proceeding
further in the matter. In other words, if hefinds that there is no offence disclosed in
the information, he can close the case.
When the investigating officer has
determined that a seizable offence has beencommitted, he can start the investigation.
He may by order in writing require theattendance of any person being acquainted
with the circumstances of the case to comeforward (section 111 of the CPC). If aperson refuses to do so, the investigating
officer may report such refusal to amagistrate who may then issue a warrant
to secure the attendance of the person.
Section 112 of the CPC provides for therecording of statements from witnesses by
the police. Any person giving a statement
to the police is bound to answer allquestions relating to the case in question.
He is legally bound to state the truth,
whether or not the statement is madewholly or partly in answer to questions.
This is because in the event that he is given
earlier to the police, then that statement
can be used to impeach his credit. He is
also liable to be charged for giving false
evidence in court.
F. Further Detention of Person
Arrested
From the progress and development of
the case, the investigating officer would
have collected evidence from the scene ofcrime and these would be seized as exhibitsof the case. If the suspect is known or is
identified, then effort would be made to252

trace and arrest him. Things that arecollected from the scene or from the victim
would be properly packed and sent to therelevant authority for analysis todetermine whether they have any
connection with the case. These areimportant because it would help to identify
the suspect. The investigating officers are
given powers to conduct search under
section 116 of the CPC for documents orother things necessary to the conduct of aninvestigation into any offence. Any person
arrested must be produced before amagistrate within twenty-four hours
inclusive of the time taken for the journey(section 28 of the CPC).
Article 5 of the Federal Constitution
provides for the personal liberty of a person
and in clause (4) of the same article, it also
states that a person arrested and notreleased must be brought before amagistrate without unreasonable delay
and cannot be detained for more thantwenty-four hours. Any longer detention
from that period has to be as ordered by
the magistrate. In this connection, section
117 of the CPC allows the police to detain
the arrested person for more than twentyfour hours and this extension of time has
to be applied to the court when the person
is produced before the magistrate.
Detention on the order of the magistrate
may not exceed a total of fifteen days, andthe magistrate has to record his reason for
granting the detention order. Normally,
during the application for the remand order
before the magistrate, the police would give
their reasons in support of the applicationof further detention of the person. This is
usually the case when they cannot
complete the investigation within twentyfour hours and are not ready to indict theperson arrested. Section 119 of the CPC
provides for the police investigation diaryand daily entries are made pertaining to
the action taken in the conduct of theinvestigation. This includes:

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS(1) the time at which the order forinvestigation reached the police
officer,(2) the time at which he began and closed
the investigation,(3) the place or places visited by him, and(4) a statement of the circumstances
ascertained through his investigation.
A copy of the police investigation diaryis submitted together with the grounds forfurther detention whenever an applicationi s m a d e u n d e r s e c t i o n 11 7 t o t h emagistrate. If any person arrested wishes
to make a statement, then a statement may
be taken from him under section 113 of the
CPC. This statement may amount to aconfession or may be exculpatory in nature.
It can either be oral or in writing. A caution
is required to be administered to a person
before he makes a statement in thefollowing words:
It is my duty to warn you that you are
not obliged to say anything or toanswer any question, but anything
you say, whether in answer to aquestion or not, may be given inevidence.
The statement has to be given to police
officer of the rank of Inspector or above.
G. The Role of Public Prosecutors inArresting and Detaining a
Suspect
The supervision of criminal investigation
is done by the police alone. The powers
are given to the police to conduct
investigation. The Attorney General has
no investigative powers, and he is not
involved in the process. The Criminal
Investigation Department of the police
force is the main body that conduct
investigation into criminal matters.
Supervision and direction of theinvestigation are controlled by theimmediate superior officer of theinvestigating officer.

H. Indictment
After the investigation is completed,section 120 of the CPC requires theinvestigating officer to forward to the
Public Prosecutor a report of theinvestigation. However in practice, not all
investigation papers are forwarded to the
public prosecutor. Where there is sufficientevidence and the investigation is completed
within twenty-four hours, the person will
be produced in court to answer the charge
by the police or after the expiry of thefurther detention period (section 117 of theCPC). However, the Public Prosecutor ina written directive does require
investigation papers to be forwarded to him
before the indictment is made. These areusually cases of a serious nature likeculpable homicide and those involving very
important people and government
servants. Some cases require the consent
of the Public Prosecutor before any formal
charges can be brought against any person.
For instance, offences committed under the
Immigration Act and the Prevention of
Corruption Act. The recorded statementsof witnesses, the suspect and theinvestigation diary of the investigating
officer form the basis on which it is decided
whether the suspect should be prosecutedin court. The police will prosecute the casesthat need not be referred to the Public
Prosecutor, but in all cases after thecompletion of the trial, the police must
report to the Public Prosecutor the resultof the cases. The Public Prosecutor may
decline to prosecute further at any stageof the trial but before judgement. The
police, however, cannot exercise thisdiscretion. The approval of the Public
Prosecutor has to be obtained first before
any proceeding can be discontinued.
Not all cases investigated by the police
end up with prosecution in court. The
Public Prosecutor will study the evidence
available in the investigation papers andonly those with a 50 percent chance ofconviction will be prosecuted. This entails

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close co-operation between the Public
Prosecutor and the investigating officer,
and discussions are not uncommon
between them prior to the court trial.
I. Plea Bargaining
Plea bargaining is not widely practice in
Malaysia. In any case, it does not involvethe judge or the magistrate. Thus, in open
court, one does not see the accused person
plea bargaining with the judge ormagistrate. At the most, where an accused
person intended to plead guilty to a lesser
charge, this intention is conveyed to the
Attorney General or a deputy publicprosecutor. If this is accepted, the consent
to reduce the charge is given to theprosecutor. Usually, the accused’s counsel
will communicate directly with the
Attorney-General on the accused’s behalf
and make the proposition. The judge or
the magistrate would not know that a plea
bargain has taken place.
PART III
A. Trial Proceedings
Prior to the amendments to the CPC in
February 1995, there were four types oftrials conducted in the High Courts in
Malaysia. They were:(1) trials conducted by a judge sitting
alone, the procedure of which is laidout in Chapter XX of the CPC;
(2) trials by a judge with the aid ofassessors, the procedure of which waslaid out in Chapter XXI of the CPC;
(3) trials by a judge with a jury, theprocedure of which was provided in
Chapter XXII of the CPC; and(4) trials by a Judge sitting alone
according to the Essential (security
cases) Regulations 1975 (ESCAR).
Since 17 February 1995, trials by jury
and trials with the aid of assessors havebeen repealed. Trials that remain are those254

conducted by a judge sitting alone inaccordance with Chapter XX of the CPC
and in accordance with ESCAR. Trial
proceedings in Malaysia follow theadversarial system and are subject to twobasic principles:(1) an accused person is presumed
innocent until proven guilty; and(2) the prosecution must prove thecharge against an accused person
beyond reasonable doubt.
The prosecution will open its case firstby calling its witnesses. Each witness isthen cross-examined by the defence counsel
or the accused person personally if he is
not represented by a counsel. The
prosecution closes its case when all thewitnesses have given their evidence.
The judge or magistrate must decide
whether a prima facie case has been madeout. If the court is satisfied that a prima
facie case has been made out, the accused
will be called upon to enter his defence. If
the accused succeeds in his defence, he isentitled to an acquittal. If not, the court
will proceed to convict and pass sentence.
B. Cooperation for a Speedy Trial,
Securing an Appropriate
Sentence and Supervision overthe Fair Application of Law
For every type of offence, the law
prescribes a punishment which is either
imprisonment not exceeding a certain
period or a fine not exceeding a certain sum
or a combination of both. In respect ofserious offences, imprisonment is
mandatory, and in more serious types ofcrimes, a minimum sentence ofimprisonment or death is mandatory. An
appropriate sentence will be passed by the
court. Any sentence passed outside thelimits set or less than the minimum is asentence wrong in law and will be reversed,
set aside or altered by the Appellate Court.

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
C. Execution of Punishments
The final disposal of the case is thepassing of the sentence on the accused
person. If the sentence consists of a fine,the accused person will be given time(usually until the later part of the day) to
pay the fine or seek assistance from close
relatives to settle the due. When an
accused person is unable to pay, he would
have to serve a default sentence in prison.
Where the sentence is one of imprisonment,a warrant of commitment will be issued by
the court to the prison authorities. The
accused will be escorted to the prison
designated and serve his sentence there.
Where the accused person intends toappeal against the sentence or conviction,
the court will usually grant a stay of
execution of the sentence pending theappeal. The accused person may bereleased on court bail or remanded inprison if the offence is of a serious nature.
D. Public Prosecutor’s Involvement
in National Criminal Justice
PolicyThe Attorney General is also responsible
for the drafting of laws to be enacted by
Parliament. Any new laws or amendments
to existing ones are drawn and drafted by
the Attorney General’s Chamber. Changes
in the laws are eminent when the country
progresses. For instance, with the advanceof information technology, new laws areneeded to protect the industries against
unscrupulous opportunists. These are newcrimes that demand new skill and in-depth
knowledge in combating them.

Law breakers have to be dealt with inaccordance with the law. Thus in any
society, there is some form of system inplace to tackle this problem. In Malaysia,
the justice system has been in place even
before independence in each of theindividual state, and when Malaysia wasformed, the justice system that was
adopted seemed to work well in preserving
the laws of the country.
BIBLIOGRAPHY
Publications
1. Criminal Procedure in Malaysia by Mini
Kamariah Majid.
2. Law of Evidence in Malaysia (AnOutline by Prof. M.R. Zafer.
3. Federal Constitution of Malaysia.
4. Criminal Procedure 1994 by Hamid
Ibrahim.
5. Law of Evidence by Hamid Ibrahim and
Maimunah Hamid.
Statutes
1. Criminal Procedure Code.
2. Penal Code.
3. Evidence Act 1950.
4. Subordinate Court Act 1948.

CONCLUSION
People are in general law-abiding, but it
is also true that everyone breaks the law
sometimes and some people break it often.
Compliance with the law is never complete.

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APPENDIX
COUNT ORGANIZATIONAL STRUCTURE

FEDERAL COURT

COURT OF APPEALHIGH COURT(MALAYA)HIGH COURT(BORNEO)SESSIONS COURTSESSIONS COURTMAGISTRATES’ COURTPENGHULU’S COURT256

NATIVE
COURTSMAGISTRATES’ COURT