s 58 Trial of offences
(1) All offences against this Act shall be cognizable— (a) in Peninsular Malaysia, by a Sessions Court and by a Court of a First Class Magistrate; and (b) in Sabah and Sarawak, by a Court of a First Class Magistrate. (2) No prosecution shall be instituted in respect of any offence against this Act without the sanction in writing of the Public Prosecutor: Provided that nothing herein shall prevent any police officer or immigration officer from exercising his powers to arrest or detain any person under this Act. (3) In Peninsular Malaysia any Sessions Court or Court of a First Class Magistrate and in Sabah and Sarawak any Court of First Class Magistrate* may notwithstanding anything in the Subordinate Courts Act 1948 [Act 92], the Sabah Criminal Procedure Code [Sabah 4/1959]† or the Sarawak Cirminal Procedure Code [Sarawak Cap.58]†, as the case may be, impose the full punishment prescribed for any offence except that the Court of a Magistrate of the First Class in Peninsular Malaysia and the Court of a Magistrate other than a Stipendiary Magistrate†† in Sabah and Sarawak shall not impose a sentence of imprisonment for a term exceeding the term of imprisonment that a Magistrate of the First Class may impose under the Subordinate Courts Act 1948. *NOTE—In relation to Sabah or Sarawak , a reference to the Court of a Magistrate of the First Class shall be substituted a reference to a Sessions Court—see paragrapah 111(a) of Subordinate Courts Act 1948 [Act 92]. †NOTE—The Sabah Criminal Procedure Code [Sabah 4/1959] and Sarawak Criminal Procedure Code [Sarawak Cap. 58] have been repealed by Act A324—see section 4 of the Act.