KUALA LUMPUR – The Dewan Rakyat today passed the Courts of Judicature (Amendment) Bill 2022 and the Criminal Procedure Code (Amendment) Bill 2022.
The Courts of Judicature (Amendment) Bill 2022 was approved after seven members of Parliament (MPs) debated while the Criminal Procedure Code (Amendment) Bill 2022 was passed after being debated by eight MPs.
The two bills were tabled by Deputy Minister in the Prime Minister’s Department (Law and Parliament), Datuk Mas Ermieyati Samsudin.
Based on the bill, the amendment to the Courts of Judicature Act 1964 (Act 91) involves the provision of paperless appeal documents and records in criminal appeal trial proceedings, as well as limiting appeals to civil interlocutory cases.
Mas Ermieyati, when tabling the bill for the second reading, said the proposed amendment does not remove the parties’ right to appeal and be heard.
“This is because they still have room to argue the case in a full trial, and the court will give a judgment based on the merits of a case. Access to justice remains intact.
“This amendment shows that only meritorious cases will be heard in the Court of Appeal and make judicial administration more effective, and the time and cost of the parties involved can be saved without affecting the justice and rights of any party,” she said.
The bill also allows for an alternative way for parties involved to submit records and documents related to criminal appeals online, including the submission of notices of appeal and other documents related to appeal proceedings.
For the Criminal Procedure Code (Amendment) Bill 2022, Mas Ermieyati said the amendment was made following the amendment of the Courts of Judicature (Amendment) Bill 2022, which involves the provision of paperless appeal documents and records in criminal appeal trial proceedings.
She said the amendment aims to expand the way of delivering a signed copy of the grounds for the decision, by sending the copy to the electronic address of the appellant or the appellant's lawyer, in addition to the existing practice.
“Meanwhile, for the accused who are not represented by a lawyer, the appellants in prison or without internet facilities, are not affected because the amendment only adds the electronic submission method, and the existing method (physical submission) is still implemented,” she said when winding up the debate on the bills.
The Dewan Rakyat sitting continues tomorrow. – Bernama, July 26, 2022
