Transfer of Cases

Question 1

Transfer of cases under CPC

• by PP
• by accused
• by court

Transfer power under SCA / CJA

Answer 1

transfer by PP

• before proceedings: issue certificate to transfer to HC under s418A
• issue certificate is common e.g. [Khir Toyo] [Anwar Ibrahim]
• after commencement: apply to court - s177 for sub courts vertical transfer, s417 for HC (lateral or upwards)

transfer by accused/court

• application by accused under s417
• indicate to court to exercise s177
• under s177 - Magistrates include SS Court judge

para 3 Schedule 3 of SCA - lateral transfer
para 12 Schedule of CJA - to and from sub courts (s417 doesn’t allow transfer to sub courts)

Question 2

Lateral transfer

• sub courts
• high court

Upwards transfer

• sub courts
• high court

Downward transfer

• sub courts
• high court

Answer 2

Lateral

• sub courts: para 3 of Sch 3 of SCA 1948
• HC: s417 CPC

Upwards

• sub courts: s177 SCA
• HC: s417 CPC

Downwards

• sub courts: n/a
• HC: para 12 of Sch of CJA