Circulars

Meeting on the Launching of Tracking System for the Kuala Lumpur and Shah Alam Criminal High Courts

In attendance:-
a. YA Tan Sri Dato’ Zulkifli Ahmad Makinuddin, Judge of the Federal Court, Managing Judge of the
Criminal Division of the High Court;
b. Judges of the Kuala Lumpur High Court (Criminal Division);
c. Judge of the Shah Alam High Court (Criminal Division);
d. Head of Prosecution Unit Kuala Lumpur;
e. Head of Prosecution Unit Selangor;
f. Bar Council Criminal Law Committee’s Chair;
g. Selangor Bar Committee’s Chairman;
h. KL Bar Criminal Practice Committee’s Chair;
i. Deputy/Senior Assistant Registrars of the Kuala Lumpur Criminal Division.

A: Item 1 of the Agenda was a briefing on the Tracking System for the Criminal High Courts
which include:

Reasons Tracking System to be applied:
o To smoothen and expedite the criminal proceedings in the Courts.
o To clear the backlog of criminal cases.
o To ensure trial of criminal case continue until its conclusion.

The Tracking System
1. The system will start from the registration of each case to the High Courts (communications and
files transferred from the Lower Courts).

2. The Managing Judge Unit (MJU) will manage the case until it is assigned to a specific Judge/Court
for trial. The administration on the cases will be handled by the Registrars.

3. During Case Management; only during the first appearance the accused, Prosecutor and Defence
Counsel need to be present. Only one (1) case management is suggested until the first hearing of
the case.

4. For Trial Cases, Case Management will be done 3 times:-
– 1 day (for a case transferred from Lower Courts);
– 14 days (to commit to High Court);
– 14 days (for compliance of the requirements/criteria);
– the case then will be scheduled to be heard before a Judge.

Requirements/Criteria to be complied (checklist) during the Case Management:-
o estimated time for trial;
o estimated number of witnesses to be called;
o list of witnesses, interpreters, reports from the Chemistry Department (to enable the
scheduling of issuance of subpoenas);
o Compliance with Section 51 and 51A of the Criminal Procedure Code;
o Notice of Alibi, if any;
o Representation to the Attorney General’s Chambers’, if any.

This checklist is to ensure that once the case is before a Judge, there will be no more applications.

5. For Appeal Cases:-
o Will monitor and communicate with the Lower Courts;
o Documents to be collected once ready;
o Grounds of Appeal must be collected by the appellant once ready.

6. For Revision of Cases:-
o Will be handled by the MJU (MJU then will refer to the Lower Courts’ records and if all
documentations are in order, case will be called before of a Judge within 3 days’ time).

7. The Tracking System for the Criminal Courts will be divided into 3 Tracks:-
o T-Track (for Trial Cases);
o R-Track (for Appeal Cases); and
o M-Track (for Revision/Applications/Affidavits).

8. Commencement of Tracking System
The Tracking System will be implemented at the Kuala Lumpur and Shah Alam Criminal High
Courts on 01.01.2011.

The Meeting also informed that once the Criminal Procedure Code (Amendments 2010) is implemented, the Tracking System will be adjusted to meet the CPC requirements.

The Managing Judge requested the Police to be ready, supportive and cooperative in the implementation of the Tracking System.
B: The following issues were raised and discussed during the meeting:

1. Fixing of Hearing Date/Request for postponement or adjournments
Notice will be given at least a week in advance by the MJU and counsel may inform the MJU if the
date is not suitable for the counsel.

The Managing Judge agreed that the MJU will be flexible and ready to reschedule cases as long as
counsel made their request in advance.

2. Real Time Transcript and CRT
Meeting discussed and all agreed (Judges, Bar and DPPs) that Real Time Transcript should be
done by an experienced secretary. This would help counsel in saving time in their preparation for
submissions and will expedite the trial. If there are any corrections, it could be done post trial
(and the CRT can then be used as a reference).

The Special Officer to Chief Judge of Malaya (CJM) will raise the matter with the CJM.

3. Prison to allow counsel to set appointment on Saturday
The Bar requested the Prison Authority to allow counsel to meet their clients on Saturday mornings
as most counsel are busy with trials during the weekday.

The Prison’s representative agreed to raise the matter with the Prison’s Director General.

4. Staff of the MJU
MJU will comprise of a Managing Deputy Registrar (appointed from an experienced Sessions Court
Judge) and will be supported by 4 or 5 other Deputy Registrars and PTUs.

Meeting concluded with Managing Judge emphasising that MJU is quite flexible and counsel may discuss any problems that may arise.

Notes and details of the Tracking System will be circulated once they are finalised.

Datuk Baljit Singh Sidhu
Chair
Criminal Practice Committee