878 - LEGAL AID AND PUBLIC DEFENCE ACT 2026

Legal Aid and Public Defence 1 LAWS OF MALAYSIA Act 878 LEGAL AID AND PUBLIC DEFENCE ACT 2026 2 Laws of Malaysia Act 878 Date of Royal Assent ... ... 3 February 2026 Date of publication in the ... ... 13 February 2026 Gazette Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Legal Aid and Public Defence 3 LAWS OF MALAYSIA Act 878 LEGAL AID AND PUBLIC DEFENCE ACT 2026 ARRANGEMENT OF SECTIONS PARt I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PARt II ADMINISTRATION Chapter 1 Appointment 3. Appointment of Director General, Deputy Director General and other officers 4. Appointment of Chief Public Defender and public defender officer 5. Directive of Director General 6. Overall supervision by Minister Chapter 2 Panel of solicitors 7. Panels of solicitors for legal aid 8. Panels of solicitors for public defence services 9. Payment for assigned solicitor 10. Removal of name of solicitor from panel of solicitors 11. Disciplinary committee for solicitor 12. Legal aid or public defence services cannot be terminated without permission 4 Laws of Malaysia Act 878 Chapter 3 Fee for legal aid services and public defence services Section 13. Fee for legal aid services and public defence services Chapter 4 Trust account 14. Trust account PARt III LEGAL AID SERVICES Chapter 1 Legal aid services 15. Legal aid services Chapter 2 Legal advice 16. Scope of legal advice services 17. Application for legal advice services 18. Manner of giving legal advice 19. Contribution for legal advice services Chapter 3 Legal aid in civil and syariah proceedings 20. Scope of legal aid in civil and syariah proceedings 21. Application for legal aid in civil and syariah proceedings 22. Power of Director General to investigate 23. Issuance of legal aid certificate in civil and syariah proceedings 24. Legal aid certificate for all causes of action in syariah proceedings Legal Aid and Public Defence 5 Section 25. Additional powers to issue legal aid certificate in civil and syariah proceedings 26. Issuance of legal aid certificate after obtaining authorization of Minister in civil and syariah proceedings 27. Contribution from aided person after obtaining legal aid certificate for civil and syariah proceedings 28. Record and filing of legal aid certificate in civil and syariah proceedings 29. Revocation of certificate in civil and syariah proceedings 30. Advances for unexpected expenses in civil and syariah proceedings 31. Cost 32. Stay of proceedings upon making application for legal aid 33. Appeal of aided person against decision of court 34. Appeal against decision of court by person other than aided person 35. New application for legal aid at appeal stage Chapter 4 Legal companion services 36. Scope of legal companion services 37. Purpose of legal companion services 38. Application for legal companion services 39. Issuance of legal aid certificate for legal companion services 40. Contribution from aided person after obtaining legal aid certificate for legal companion services 41. Record and filing of legal aid certificate for legal companion services 42. Revocation of legal aid certificate for legal companion services Chapter 5 Mediation 43. Scope of mediation services 44. Application for mediation services 45. Reference to mediation by Director General 46. Mediator 6 Laws of Malaysia Act 878 Section 47. Manner of conducting mediation 48. Mediation to be voluntary 49. Confidential communication with mediator 50. Settlement or agreement to be reduced into writing 51. Mediation through remote communication technology PARt IV PUBLIC DEFENCE SERVICES 52. Scope of public defence services 53. Application for public defence services 54. Issuance of public defence certificate 55. Issuance of public defence certificate after obtaining authorization of Minister 56. Limitation of public defence services 57. Record and filing of public defence certificate 58. Revocation of public defence certificate 59. Advances for unexpected expenses in criminal proceedings 60. Appeal of aided accused against decision of court 61. Appeal against decision of court by Public Prosecutor PARt V GENERAL 62. Use of electronic service 63. False or misleading statement, etc. 64. Court order for costs against aided person or aided accused 65. Privileged communications 66. Duty to avoid conflict of interest 67. Finality of decisions 68. Public servant 69. Application of Public Authorities Protection Act 1948 Legal Aid and Public Defence 7 Section 70. Protection against suit and legal proceedings 71. Power to suspend 72. Power to amend Schedule 73. Power to make regulations PARt VI REPEAL, SAVING AND TRANSITIONAL 74. Repeal 75. Person holding office, etc. 76. Transfer of powers, rights, duties, etc. 77. Transfer of moneys in trust account 78. Contributions, etc. 79. Application for legal aid 80. Continuance of legal aid 81. Continuance of legal aid certificate 82. Continuance of panel of solicitors 83. Continuance of decisions, etc. FiRst schEdulE sEcoNd schEdulE thiRd schEdulE FouRth schEdulE FiFth schEdulE 8 Laws of Malaysia Act 878 Legal Aid and Public Defence 9 LAWS OF MALAYSIA Act 878 LEGAL AID AND PUBLIC DEFENCE ACT 2026 An Act to enhance legal aid services in Malaysia by providing for matters for the grant of legal aid and public defence services to certain persons, to provide for the appointment of the Director General of Legal Aid and other officers in relation to the provision of legal aid services to aided persons, and the appointment of the Chief Public Defender and public defender officers in relation to the provision of public defence services to the aided accused and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: PARt I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Legal Aid and Public Defence Act 2026. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different parts or provisions of this Act. 10 Laws of Malaysia Act 878 Interpretation 2. In this Act, unless the context otherwise requires— “trust account” means a trust account referred to in section 14; “legal aid” means legal aid services as specified in section 15; “judge” means— (a) a judge of a court established by Part IX of the Federal Constitution and includes a Sessions Court Judge or a Magistrate; or (b) a judge of a Syariah Subordinate Court, Syariah High Court, Syariah Court of Appeal or Syariah Supreme Court; “child” has the meaning assigned to it in the Child Act 2001 [Act 611]; “Chief Public Defender” means the Chief Public Defender appointed under subsection 4(1); “Director General” means the Director General of Legal Aid appointed under subsection 3(1); “public defence services” means public defence services pursuant to Part IV; “advocacy costs” means the costs which the Director General is entitled to receive from the aided person or aided accused for any legal action to be taken and any expenses incurred in carrying out any advocacy matter arising in any proceedings conducted in any court; “court” means— (a) a court established under Part IX of the Federal Constitution; and (b) the Syariah Subordinate Court, the Syariah High Court, the Syariah Court of Appeal or the Syariah Supreme Court; Legal Aid and Public Defence 11 “Minister” means the Minister charged with the responsibility for legal affairs and legal aid; “aided person” means— (a) a person who has been given a legal aid certificate under Chapter 3 or 4 of Part III; or (b) a person who has been given legal aid services under Chapter 2 or 5 of Part III; “panel of solicitors” means a panel of solicitors under section 7 or 8; “public defender officer” means a public defender officer appointed under subsection 4(1); “appointed officer” means an officer appointed under subsection 3(1); “solicitor” means— (a) for the purposes of civil and criminal courts, an advocate and solicitor of the High Court admitted and enrolled under the Legal Profession Act 1976 [Act 166] or under any relevant written law; and (b) for the purposes of syariah courts, a Peguam Syarie who has been admitted as a Peguam Syarie in the Syariah High Court in the Federal Territories or any relevant States, and registered under the Syarie Legal Profession (Federal Territories) Act 2019 [Act 814] or any relevant State enactment in relation to the syarie legal profession; “assigned solicitor” means a solicitor from the panel of solicitors who is assigned to act on behalf of the Director General or the Chief Public Defender; “mediator” means any person appointed under section 46; 12 Laws of Malaysia Act 878 “guardian” in relation to a child, shall include any person whom the Director General considers appropriate to be appointed as a litigation representative, next friend or guardian ad litem of the child for the purposes of legal actions and proceedings conducted by the Director General for the benefit of the child; “electronic service” means electronic service provided by the Director General under section 62; “remote communication technology” means a live video link, a live television link or any other electronic means of communication; “aided accused” means a person who has been given a public defence certificate under Part IV; “Deputy Director General” means the Deputy Director General of Legal Aid appointed under subsection 3(1). PARt II ADMINISTRATION Chapter 1 Appointment Appointment of Director General, Deputy Director General and other officers 3. (1) The Minister may appoint any person as a Director General, and such number of Deputy Directors General and such other officers as may be considered necessary or expedient for the purposes of this Act and who shall carry such designation as the Minister may determine. (2) A person appointed as a Director General under subsection (1) shall have an academic qualification in the field of law recognized by the Government and shall have the practical skills, knowledge and experience in advocacy and litigation. Legal Aid and Public Defence 13 (3) The Director General shall devote the whole of his professional time as the Director General and while holding office shall not occupy any other office or employment whether remunerated or not. (4) The Director General shall have the general supervision and directions of all matters relating to legal aid and public defence services throughout Malaysia. (5) Notwithstanding any provision of written law to the contrary, the Director General, Deputy Directors General and every officer appointed under subsection (1) shall be entitled, for the purposes of this Act, to appear and plead in all courts in Malaysia. (6) For the purposes of this Act, every officer appointed under subsection (1) shall— (a) be subjected to the general supervision and directions of the Director General; and (b) have and exercise all the powers conferred on the Director General under this Act other than the powers specifically conferred on the Director General in relation to— (i) the assignment of a panel of solicitors for civil and syariah proceedings; and (ii) the filing and handling of appeals under sections 33, 34 and 35. (7) The Director General, Deputy Directors General or any officer appointed under subsection (1) who is not a member of the public service, shall receive remuneration as determined by the Minister after consultation with the Minister of Finance. (8) Where the Director General is, for any reason, unable to perform his duties for any period or where the office of the Director General becomes vacant, the most senior Deputy Director General may exercise all powers and perform all duties of the Director General. 14 Laws of Malaysia Act 878 Appointment of Chief Public Defender and public defender officer 4. (1) The Minister may appoint any person as the Chief Public Defender and such number of public defender officers for the purposes of public defence services under Part IV. (2) All persons appointed under subsection (1) shall have an academic qualification in the field of law recognized by the Government. (3) Notwithstanding subsection (2), a person appointed as the Chief Public Defender under subsection (1) shall have the practical skills, knowledge and experience in advocacy and litigation. (4) The Chief Public Defender shall devote the whole of his professional time as the Chief Public Defender and while holding office shall not occupy any other office or employment whether remunerated or not. (5) The Chief Public Defender and public defender officers shall be subjected to the general supervision and directions of the Director General. (6) The Chief Public Defender and any public defender officer shall be entitled, for the purposes of this Act, to appear and plead in all criminal proceedings in Malaysia for the aided accused. (7) For the purposes of this Act, public defender officers shall have and exercise all the powers conferred on the Chief Public Defender under this Act other than the powers specifically conferred on the Chief Public Defender in relation to— (a) the assignment of a panel of solicitors in criminal proceedings; and (b) the filing and handling of appeals under section 60. (8) Notwithstanding paragraph (7)(a), the Chief Public Defender may delegate his power to assign panels of solicitors in criminal proceedings to the appointed officers under subsection 3(1). Legal Aid and Public Defence 15 (9) Every officer appointed under subsection (1) who is not a member of the public service, shall receive remuneration as determined by the Minister after consultation with the Minister of Finance. Directive of Director General 5. (1) The Director General may issue such directive as the Director General considers necessary for the purpose of ensuring compliance with this Act. (2) The Director General may revoke, vary, revise or amend the whole or any part of any directive issued under this section. Overall supervision by Minister 6. (1) The Director General shall be responsible to the Minister. (2) The Minister may issue any directions to the Director General not inconsistent with the provisions of this Act and the Director General shall give effect to all such directions. Chapter 2 Panel of solicitors Panels of solicitors for legal aid 7. (1) The Director General shall prepare and maintain panels of solicitors for legal aid who shall— (a) investigate any application for legal aid and make reports relating to the investigation; (b) give an opinion on the application for legal aid; (c) act on behalf of aided persons; and (d) give legal advice under the provisions of this Act. 16 Laws of Malaysia Act 878 (2) The Director General may prepare separate panels of solicitors for different purposes and for different courts. (3) Any solicitor may, subject to any condition determined by the Director General, apply to the Director General to have his name registered in any panel of solicitors for legal aid. (4) Any solicitor who has been assigned to represent the aided person may appear and plead in all courts on behalf of the Director General in accordance with the rules and regulations of civil or syariah courts, as the case may be. Panels of solicitors for public defence services 8. (1) The Chief Public Defender shall prepare and maintain panels of solicitors for public defence services who shall— (a) investigate any application for public defence services and make reports relating to the investigation; (b) give an opinion on the application for public defence services and on any question of law arising in the proceedings involving the applicant; and (c) act on behalf of the aided accused. (2) The Chief Public Defender may prepare separate panels of solicitors for different purposes and for different courts. (3) Any solicitor may, subject to any condition determined by the Chief Public Defender, apply to the Chief Public Defender to have his name registered in any panel of solicitors for public defence services. (4) Any solicitor who has been assigned to represent an aided accused may appear and plead in all courts on behalf of the Chief Public Defender in accordance with the procedures for criminal proceedings. Legal Aid and Public Defence 17 Payment for assigned solicitor 9. An assigned solicitor is entitled to payment for any legal aid or public defence services provided by him under this Act, for any amount as prescribed by the Minister. Removal of name of solicitor from panel of solicitors 10. The Director General or the Chief Public Defender may remove the name of a solicitor from any panel of solicitors for legal aid or panel of solicitors for public defence services, as the case may be, if— (a) the solicitor’s practising certificate is no longer valid for any reason; (b) the solicitor has requested the Director General or the Chief Public Defender to remove his name from the panel; (c) the solicitor has conducted himself unprofessionally while acting for the aided person or aided accused, which renders the solicitor unfit to be retained on the panel; (d) in the opinion of the Director General or the Chief Public Defender— (i) the solicitor is unfit to be, or to remain, on any panel for any reason that may affect the interests of justice; or (ii) it is necessary or expedient to do so on the issue of the solicitor’s integrity; and (e) the solicitor has taken or agreed to take, or solicited from the aided person or aided accused any payment of fees, profit or gifts for the benefit of the solicitor at the time he was— (i) investigating or making any report in relation to the application for legal aid or public defence services; 18 Laws of Malaysia Act 878 (ii) giving any opinion under any provision of this Act; or (iii) conducting any proceedings pursuant to any assignment under this Act. Disciplinary committee for solicitor 11. (1) The Director General shall, before exercising any of the powers under paragraph 10(c), (d) or (e), make a recommendation to the Minister to establish a disciplinary committee to conduct disciplinary proceedings against any solicitor according to regulations prescribed by the Minister. (2) The Chief Public Defender shall, before exercising any of the powers under paragraph 10(c), (d) or (e), advise the Director General to make a recommendation to the Minister to establish a disciplinary committee to conduct disciplinary proceedings against any solicitor according to regulations prescribed by the Minister. (3) Any solicitor subject to disciplinary proceedings under this section shall be given the opportunity to show cause. (4) The Director General or Chief Public Defender, as the case may be, shall implement any decision made by the disciplinary committee. (5) Any solicitor who is aggrieved by a decision of the Minister or any disciplinary committee established under subsection (1) or (2) may apply to the High Court for a judicial review of such decision. Legal aid or public defence services cannot be terminated without permission 12. (1) The aided person or aided accused shall not, without permission of the Director General or the Chief Public Defender, as the case may be, terminate the legal aid or the public defence services provided by any solicitor assigned to him. Legal Aid and Public Defence 19 (2) An assigned solicitor shall not, without permission of the Director General or the Chief Public Defender, terminate his legal aid or public defence services unless— (a) the solicitor nominates another solicitor from the panel of solicitors to replace him; or (b) the proceedings may be handled by any appointed officer or public defender officer. Chapter 3 Fee for legal aid services and public defence services Fee for legal aid services and public defence services 13. (1) Subject to the provisions of this Act, any person eligible for legal aid or public defence services under this Act, shall pay to the Director General a fee as prescribed by the Minister. (2) The payment of fees under this Act shall be made before the issuance of any certificate or provision of services under this Act. (3) The fees paid under this Act shall be deposited into a trust account. Chapter 4 Trust account Trust account 14. (1) The Director General shall create and maintain a trust account in accordance with the Financial Procedure Act 1957 [Act 61] for the purposes of collection of, or payment of, any fee, contribution, cost, charges and any other payment in relation to legal aid and public defence services under this Act. (2) All moneys in the trust account shall be expended for the purposes of administration of legal aid and public defence services. 20 Laws of Malaysia Act 878 PARt III LEGAL AID SERVICES Chapter 1 Legal aid services Legal aid services 15. (1) Legal aid services provided under this Act shall consist of the following: (a) legal advice as provided in Chapter 2; (b) legal aid in civil and syariah proceedings as provided in Chapter 3; (c) legal companion services as provided in Chapter 4; and (d) mediation services as provided in Chapter 5. (2) The legal aid services referred to in subsection (1) may be provided to citizens of Malaysia only except for in special circumstances which may be allowed by the Minister in the interests of justice. Chapter 2 Legal Advice Scope of legal advice services 16. (1) The Director General or an assigned solicitor may provide legal advice services in relation to any legal matter specified in the First Schedule. (2) Notwithstanding subsection (1), the Director General or an assigned solicitor may provide legal advice services in relation to the manner of application and determination of eligibility to obtain any legal aid services under this Part or public defence services under Part IV. Legal Aid and Public Defence 21 Application for legal advice services 17. (1) An application by a person who wishes to obtain legal advice services shall be made to the Director General in such manner as may be determined by the Director General. (2) The application under subsection (1) shall be accompanied by such information, particulars or documents as may be determined by the Director General. (3) After considering the application, the Director General may approve the provision of legal advice to the applicant. (4) The Director General may, after approval is granted, advise the aided person or assign a solicitor from the panel of solicitors to advise the aided person. (5) If the applicant is a child, the application shall be made on behalf of the child by his parents or guardian and any reference to the applicant in this Chapter shall include the parents or guardian of the child. Manner of giving legal advice 18. (1) The Director General or an assigned solicitor may, after an approval is granted under section 17, give legal advice to an aided person orally, through electronic service or remote communication technology, or through any other manner as prescribed by the Minister. (2) In giving advice under subsection (1), the Director General may also conduct any investigation on the aided person’s means and condition. Contribution for legal advice services 19. (1) The Director General may require an aided person to pay a contribution for any amount as prescribed by the Minister and the contribution shall be deposited into the trust account. 22 Laws of Malaysia Act 878 (2) The Director General may require an aided person to pay any additional contribution as prescribed by the Minister if the Director General, after conducting the investigation under subsection 18(2) or after obtaining any other information from any other sources, finds that the aided person has income that exceeds the eligibility limit based on the criteria and the means test as prescribed by the Minister. Chapter 3 Legal aid in civil and syariah proceedings Scope of legal aid in civil and syariah proceedings 20. (1) The Director General, an appointed officer or assigned solicitor may provide legal aid in civil and syariah proceedings in relation to any of the proceedings specified in the Second Schedule. (2) Notwithstanding subsection (1) and sections 25 and 26, where the Minister is satisfied that in any particular case of hardship it is in the interests of justice to do so, the Minister may authorize the Director General to provide legal aid in any civil and syariah proceedings other than the proceedings specified in the Second Schedule. Application for legal aid in civil and syariah proceedings 21. (1) An application by a person who requires legal aid in any civil or syariah proceedings, whether in his own right or in his capacity as a representative, shall be made to the Director General in such manner as may be determined by the Director General. (2) An application under subsection (1) shall be accompanied by such information, particulars or documents as may be determined by the Director General. Legal Aid and Public Defence 23 (3) If the applicant is a child, the application shall be made on behalf of the child by his parents or guardian and any reference to the applicant in this Chapter shall include the parents or guardian of the child. Power of Director General to investigate 22. (1) In considering the application under section 21, the Director General may— (a) conduct any investigation as the Director General deems fit regarding— (i) the applicant’s means and condition; (ii) the merits of the case; and (iii) the need to refer the application to the Director General of Social Welfare including the State Director of Social Welfare of each of the States for a report on the applicant’s means and condition; (b) require the applicant to provide any information, particulars or documents as required by the Director General for the purpose of considering the application; (c) require the applicant to appear in person before the Director General or an appointed officer; (d) refer the application or any matter arising in the application to any panel of solicitors to— (i) investigate the facts and make a report regarding the facts; or (ii) give any opinion on the facts or on any question of law arising in the application; 24 Laws of Malaysia Act 878 (e) take or direct to take any necessary steps to protect the interest of the applicant pending the decision of his application; and (f) pay expenses incidental to any of the above-mentioned matters from moneys allocated for that purpose. (2) The Director General may reject any application under subsection (1) if the applicant fails to provide any information, particulars or documents as required by the Director General. Issuance of legal aid certificate in civil and syariah proceedings 23. (1) After investigating the application pursuant to section 22 and after payment of the prescribed fee made by the applicant, the Director General may issue a legal aid certificate to the applicant if the Director General is satisfied that— (a) the applicant has reasonable grounds for bringing, defending, continuing or becoming a party to the proceedings; and (b) the applicant meets the criteria and the means test as prescribed by the Minister. (2) The aided person shall comply with any directions given by the Director General and is entitled to any rights and privileges, in accordance with this Act and the regulations made under it. Legal aid certificate for all causes of action in syariah proceedings 24. (1) The Director General may, in the case of syariah proceedings, issue only one legal aid certificate to the applicant even though the applicant’s dispute may lead to several consequential causes of action, provided that all the causes of action in such dispute involve the same parties. (2) The certificate shall remain in effect for any pending cause of action. Legal Aid and Public Defence 25 (3) Notwithstanding subsection (2), and subject to section 33, an aided person shall apply for a new legal aid certificate if he wishes to appeal any decision made by the lower court in relation to any syariah proceedings that have been disposed of and such application shall be deemed to be a fresh application. Additional powers to issue legal aid certificate in civil and syariah proceedings 25. (1) Notwithstanding section 23, the Director General may issue a legal aid certificate in relation to any civil or syariah proceedings to any applicant if the Director General is satisfied that — (a) the applicant has reasonable grounds for bringing, defending, continuing or becoming a party to the proceedings; and (b) the applicant meets the criteria and the means test as prescribed by the Minister. (2) The Director General may, before issuing the legal aid certificate to the applicant referred to in subsection (1), require the applicant to pay to the Director General a contribution towards the amount payable on the applicant’s account for the purpose of filing in court and the contribution shall be deposited into the trust account. (3) Notwithstanding subsection (2) and section 24, the Director General may— (a) issue a separate legal aid certificate to the applicant for each different cause of action even though the dispute involves the same parties; and (b) require the applicant to pay a contribution to the Director General, for any amount as prescribed by the Minister, for each certificate referred to in paragraph (a), and the contribution shall be deposited into the trust account. 26 Laws of Malaysia Act 878 Issuance of legal aid certificate after obtaining authorization of Minister in civil and syariah proceedings 26. (1) Notwithstanding sections 23 and 25, the Director General shall, after obtaining the authorization of the Minister under subsection 20(2), issue a legal aid certificate to an applicant. (2) The Director General may, before issuing the legal aid certificate under subsection (1), require the applicant to pay a contribution towards the amount due and payable on the applicant’s account for the purpose of filing in court and the contribution shall be deposited into the trust account. (3) Notwithstanding section 24, the Director General may— (a) issue a separate legal aid certificate to the applicant for each different cause of action even though the dispute involves the same parties; and (b) require the applicant to pay a contribution to the Director General, for any amount as prescribed by the Minister, for each certificate referred to in paragraph (a), and the contribution shall be deposited into the trust account. Contribution from aided person after obtaining legal aid certificate for civil and syariah proceedings 27. (1) The Director General may require an aided person in civil and syariah proceedings to pay a contribution for an amount as prescribed by the Minister and the contribution shall be deposited into the trust account. (2) If there is any excess of the contribution on the account of the aided person, the aided person may, within a period of six months from the date the legal aid certificate is terminated, apply to the Director General for the excess contribution to be refunded. (3) The excess contribution to be refunded under subsection (2) shall not exceed twenty-five percent of the contribution being the advocacy costs paid pursuant to subsection (1). Legal Aid and Public Defence 27 (4) The aided person shall be deemed to have waived his rights if the aided person does not apply for the refund of the excess contribution within the period specified in subsection (2). (5) Subject to the regulations made under this Act, any unpaid contribution on the account of the aided person in relation to any civil or syariah proceedings, shall be a first charge on any property that may be recovered or preserved for the aided person in the proceedings. (6) For the purposes of subsection (5), any property recovered or preserved for any aided person shall include— (a) his rights under any settlement agreement in the proceedings; and (b) any money recovered pursuant to an order for costs made for his interest in the proceedings. (7) The charge created by subsection (5) on any damages or costs shall not prevent the court from allowing the damages and costs to be deducted from other damages or costs if the solicitor’s lien for costs does not prevent it. Record and filing of legal aid certificate in civil and syariah proceedings 28. (1) The Director General may, after issuing a legal aid certificate to the aided person under section 23, 25 or 26— (a) act on behalf of the aided person; or (b) assign a solicitor who is chosen by either the aided person or the Director General to act on behalf of the aided person. (2) The Director General shall record the name of the assigned solicitor in the legal aid certificate. (3) The Director General or assigned solicitor shall file the legal aid certificate without being imposed with a court fee to commence any proceedings in court. 28 Laws of Malaysia Act 878 (4) The Director General or assigned solicitor shall represent the aided person in court proceedings after the legal aid certificate is filed in court. (5) If there is any change in the solicitor assigned to the aided person, the Director General or the new solicitor shall file in the court hearing the proceedings a notice of change of solicitors. (6) When the legal aid certificate has been filed pursuant to subsection (3), the aided person— (a) shall be given a copy of the record of the judge’s notes of the aided person’s civil or syariah proceedings free of charge; (b) shall not be liable to pay any court fees which includes fees for serving process or enforcement of any court order or judgment for the aided person’s civil or syariah proceedings; and (c) shall not be liable to pay any costs to any other party in the civil or syariah proceedings of the aided person. Revocation of certificate in civil and syariah proceedings 29. (1) Subject to subsections (2) and (3), the Director General may revoke— (a) any legal aid certificate issued under section 23 or 25, whether or not an application has been made to that effect; and (b) after obtaining authorization from the Minister, any legal aid certificate issued under section 26. (2) The Director General or any appointed officer shall take any reasonable or necessary action to issue a notice of revocation of the legal aid certificate to the aided person. (3) The notice of revocation of the legal aid certificate issued to the aided person shall be effective from the date the aided person receives such notice. Legal Aid and Public Defence 29 (4) Where the revoked legal aid certificate has been filed in any court, the Director General or appointed officer shall file in the court a notice of revocation of the legal aid certificate and the revocation shall be effective from the date of filing of such notice in court. (5) The court shall, upon receiving the notice of revocation under subsection (4), order all pending civil or syariah proceedings in relation to the aided person be stayed— (a) for a period of one month; or (b) for any other period after taking into account the interests of justice of parties who may be affected by the stay order. (6) A person shall cease to be an aided person effective from— (a) the date such person receives the notice of revocation under subsection (3); or (b) the date of filing of the notice of revocation in court under subsection (4). Advances for unexpected expenses in civil and syariah proceedings 30. (1) The Director General may request any applicant or aided person to advance a sum of money at any time the Director General thinks fit to be deposited into the trust account for the purposes of payment of unexpected expenses arising specifically in relation to the provision of legal aid under this Chapter. (2) The Director General when requesting the advance referred to in subsection (1) shall ensure the request does not cause— (a) undue hardship to the applicant or aided person; and (b) all consequential matters related to the legal aid to be suspended pending the payment of such advance to the extent that it may harm the interests of the applicant or aided person. (3) The advance referred to in subsection (1) shall only be used for the purposes of unexpected expenses. 30 Laws of Malaysia Act 878 (4) The Director General may pursue any action at the expense of public money or money from the trust account in the interests of justice even though the applicant or aided person fails to advance a sum of money under subsection (1). (5) If there is any excess of the advance on the account of the aided person, the aided person may, within a period of six months from the date the certificate is revoked, apply to the Director General for the excess of the advance to be refunded. (6) The excess of the advance to be refunded under subsection (5) shall not exceed twenty-five percent of the advance being the advocacy costs paid pursuant to subsection (1). (7) The aided person shall be deemed to have waived his rights if the aided person does not apply for the refund of the excess of the advance within the period specified under subsection (5). Cost 31. (1) The court may order costs to be paid to any aided person even though— (a) no amount is due and payable by the aided person; or (b) the cost is higher than the amount due and payable by the aided person. (2) For the purposes of subsection (1), any order regarding costs shall be made by the court in the name of the Director General of Legal Aid. (3) Subject to subsections (4), (5), (6), (7) and (8), every aided person shall pay to the Director General an advocacy cost. (4) If the court orders that the aided person is to receive any money which is less than ten thousand ringgit, the aided person is not liable to make any payment to the Director General as advocacy costs. Legal Aid and Public Defence 31 (5) If the court orders that the aided person is to receive any money which is more than ten thousand ringgit, the aided person shall pay to the Director General one quarter of the amount ordered but not exceeding ten thousand ringgit as advocacy costs which is to be deposited into a trust account. (6) If the court orders that the aided person is to receive any property valued at more than ten thousand ringgit as assessed in the proceedings, the aided person shall pay to the Director General an amount not exceeding ten percent of the said property value as advocacy costs which is to be deposited into the trust account. (7) If the court affirms an award granted by a quasi-judicial body, the aided person shall pay to the Director General an amount not exceeding ten percent of the amount of the award as advocacy costs which is to be deposited into the trust account. (8) The Director General may, with the approval of the Minister, waive or allow a reduction of any payment that may be imposed under subsection (5), (6) or (7) if the imposition of the payment may cause undue hardship on the aided person. (9) For the purposes of subsection (1), “costs” shall include— (a) the solicitor’s fees; (b) the fees referred to in paragraphs 28(6)(a) and (b); and (c) any money expended by the Director General in accordance with section 30, to pay unexpected expenses. (10) For the purposes of subsections (4) and (5), “money” does not include costs referred to in subsection (1). Stay of proceedings upon making application for legal aid 32. (1) Where during any civil or syariah proceedings, a party to the proceedings makes an application for legal aid under this Act, the Director General shall— (a) serve a notification to the other party in accordance with the rules of the court regarding the application; and (b) file the notification in accordance with the rules of the court without paying any filing fee. 32 Laws of Malaysia Act 878 (2) The court shall, upon receiving the notification from the Director General under subsection (1), order the proceedings to be stayed for a period of one month from— (a) the date of filing of the notification; or (b) any mention or hearing date as directed by the court, to enable the Director General to decide whether the applicant is eligible to be provided with legal aid under this Act. (3) For the purposes of subsection (2), the court may— (a) allow the period of stay to be reduced or extended; or (b) revoke the order for a stay if the court finds that the application for legal aid made under this Act is an act of abuse of the court process by the applicant. (4) Notwithstanding subsections (2) and (3), in the interests of justice, the court may allow— (a) an interlocutory order to be granted, enforced or executed for an injunction; (b) an interlocutory order for the appointment of a receiver or manager, or receiver and manager; (c) an order to maintain the validity of a caveat to prevent any dealing of alienated land; or (d) any other order that the court has to make fairly and equitably for the benefit of the other party in the proceedings. (5) Sections 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31 shall apply mutatis mutandis to an application for legal aid under subsection (1). Appeal of aided person against decision of court 33. (1) If an aided person is aggrieved by any decision of the court and wishes to appeal against the decision of the court, the aided person shall apply for a new legal aid certificate for the purposes of such appeal. Legal Aid and Public Defence 33 (2) The application for legal aid under subsection (1) shall be deemed to be a new legal aid application. (3) Sections 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31 shall apply mutatis mutandis to an application for legal aid under this section. (4) The appeal referred to under subsection (1) shall be made with the approval of the Director General subject to any conditions as may be determined by the Director General. (5) Notwithstanding subsection (4), for the purpose of complying with rules regarding the time period prescribed for the filing of an appeal, a notice of appeal may be filed in advance without the approval of the Director General. (6) A notice of appeal filed by the aided person may be proceeded with on his own even though his application for a legal aid is not approved by the Director General. Appeal against decision of court by person other than aided person 34. If the other party to the proceedings appeals against any decision of the court, the certificate issued by the Director General for the benefit of the aided person under this Act shall remain in effect until all matters arising from the appeal are disposed of. New application for legal aid at appeal stage 35. Sections 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31 shall apply mutatis mutandis to any person who requires legal aid for the purpose of— (a) making an appeal to a higher court for being aggrieved by any decision of a lower court; or (b) enabling the Director General to represent him for an appeal brought by another party aggrieved by any decision of the court that benefits the applicant. 34 Laws of Malaysia Act 878 Chapter 4 Legal companion services Scope of legal companion services 36. (1) The Director General, an assigned solicitor or an appointed officer may provide legal companion services to children who are victims of any crime in any proceedings specified in the Third Schedule regardless of nationality and citizenship of the child. (2) Notwithstanding subsection (1), the Director General may, in the interests of justice, provide legal companion services to a person who has attained the age of eighteen years if such person was a victim of any crime in any proceedings specified in the Third Schedule and was still a child at the time such proceedings were commenced in court. Purpose of legal companion services 37. Legal companion services may be provided for the following purposes: (a) to advise the guardian, or protector of an aided person permitted under any written laws, on legal matters arising from proceedings specified in the Third Schedule; (b) to obtain relevant information relating to charges against any accused person in any criminal proceedings in which the aided person is the victim; (c) to accompany an aided person in any proceedings in court, and with leave of the court to speak on behalf of an aided person, if necessary; and (d) to advise the guardian, or protector of an aided person as permitted under any written law, on any matter relating to any civil proceedings that can be brought or instituted by the aided person, arising from proceedings specified in the Third Schedule. Legal Aid and Public Defence 35 Application for legal companion services 38. (1) An application by a person who wishes to obtain legal companion services shall be made to the Director General in such manner as may be determined by the Director General. (2) The application by a child shall be made through the parents or guardian of the child. (3) An application under subsections (1) and (2) shall be accompanied by such information, particulars or documents as may be determined by the Director General. Issuance of legal aid certificate for legal companion services 39. After considering the application made under section 38 and after payment of the prescribed fee made by the applicant, the Director General may issue a legal aid certificate for legal companion services to the applicant. Contribution from aided person after obtaining legal aid certificate for legal companion services 40. (1) The Director General may require an aided person to pay a contribution as prescribed by the Minister if the Director General finds that the aided person has an income that exceeds the eligibility limit based on the criteria and the means tests as prescribed by the Minister. (2) The contribution paid under subsection (1) shall be deposited in the trust account and shall be expended only for the purpose of administering the legal companion services. Record and filing of legal aid certificate for legal companion services 41. (1) The Director General may, after issuing a legal aid certificate to the aided person under section 39— (a) act on behalf of the aided person; or (b) assign a solicitor who is chosen by either the aided person or the Director General to act on behalf of the aided person. 36 Laws of Malaysia Act 878 (2) The Director General shall record the name of the assigned solicitor in the legal aid certificate. (3) The Director General or assigned solicitor shall file the legal aid certificate without being imposed with a court fee to commence any proceedings in court. (4) The Director General or assigned solicitor shall represent the aided person in court proceedings after the legal aid certificate is filed in court. (5) If there is any change in the solicitor assigned to the aided person, the Director General or the new solicitor shall file in the court hearing the proceedings a notice of change of solicitors. (6) When the legal aid certificate has been filed pursuant to subsection (3), the aided person— (a) shall be given a copy of the record of the judge’s notes of the criminal proceedings related to the aided person free of charge; (b) shall not be liable to pay any court fees; and (c) shall not be liable to pay any costs to any other party in the criminal proceedings related to the aided person. Revocation of legal aid certificate for legal companion services 42. (1) The Director General may revoke any legal aid certificate for legal companion services to an aided person for any reason in the interests of justice. (2) The Director General or any appointed officer shall take any reasonable or necessary action to issue a notice of revocation of the legal aid certificate to the aided person through his parent or guardian.

(3) The notice of revocation of the legal aid certificate issued to the aided person shall be effective from the date the aided person receives such notice. Legal Aid and Public Defence 37 (4) Where the revoked legal aid certificate has been filed in any court, the Director General or appointed officer shall file in the court a notice of revocation of legal aid certificate and the revocation shall be effective from the date of filing of such notice in court. (5) Notwithstanding subsection (1), an aided person through his parents or guardian may appeal to the Minister if they still require legal companion services, and any decision made by the Minister on such appeal shall be final. (6) A person shall cease to be an aided person effective from— (a) the date such person receives the notice of revocation under subsection (3); or (b) the date of filing of the notice of revocation in court under subsection (4). Chapter 5 Mediation Scope of mediation services 43. The Director General may, with the authorization of the Minister, provide mediation services to any person or aided person in relation to any of the proceedings specified in the Second Schedule. Application for mediation services 44. (1) An application by a person or an aided person who wishes to obtain mediation services shall be made to the Director General in such manner as may be determined by the Director General. (2) An application under subsection (1) shall be accompanied by such information, particulars or documents as may be determined by the Director General. 38 Laws of Malaysia Act 878 (3) After considering the application, the Director General may approve the provision of mediation services to the applicant and may provide mediation services to the applicant in accordance with the regulations prescribed by the Minister. (4) If the applicant is a child, the application shall be made on behalf of the child by his parents or guardian and any reference to the applicant in this Chapter shall include the parents or guardian of the child. Reference to mediation by Director General 45. The Director General may, if he thinks necessary, refer any person, applicant or aided person under Chapters 2 and 3 of Part III to mediation services by giving a notice orally, or through electronic service or remote communication technology requiring such person to make an application for mediation services under section 44. Mediator 46. (1) The Minister may appoint any person as a mediator for the purposes of this Chapter. (2) Every mediator appointed under subsection (1) shall be subject to the general supervision and directions of the Director General. (3) The mediator appointed under this section shall not appear and plead in any court to represent any person who is a party to the mediation session conducted by him for the same dispute arising in such mediation session. (4) The Minister may terminate the services of any mediator appointed under subsection (1) for any reason. Manner of conducting mediation 47. (1) A mediation session shall be conducted in accordance with the regulations prescribed by the Minister and after payment of a prescribed fee. Legal Aid and Public Defence 39 (2) A mediation session may be presided over by one or more mediators. (3) A mediation session may commence or continue whether or not the dispute can be a subject matter or is the subject matter before any court, tribunal or body. Mediation to be voluntary 48. (1) All parties to the mediation services provided by the Director General may voluntarily attend and participate in a mediation session. (2) Any party to the mediation services may withdraw from the mediation session at any time. (3) Notwithstanding subsections (1) and (2), the attendance and participation in or withdrawal from any mediation sessions conducted under this Act shall not affect any rights or remedies available to the disputing parties. Confidential communication with mediator 49. (1) No person shall be compelled to disclose to the court any confidential communication which has taken place between that person and the mediator, if the mediation process fails. (2) Notwithstanding subsection (1), if that person offers himself as a witness in a trial involving any dispute that has been subjected to mediation under this Chapter, that person may be ordered by the court to disclose such communications in the mediation session only if the communication appears to the court necessary to explain any evidence which that person has given. Settlement or agreement to be reduced into writing 50. No settlement or agreement shall be binding on all parties to a mediation session and enforceable in any court unless it has been reduced into writing and signed by all parties to the mediation. 40 Laws of Malaysia Act 878 Mediation through remote communication technology 51. (1) Subject to the agreement of the parties and the regulations prescribed by the Minister, the mediator may conduct mediation sessions through remote communication technology. (2) Any settlement or agreement that has been reduced into writing and signed through electronic service by the parties to the mediation shall be binding on the parties and may be recorded in any court. PARt IV PUBLIC DEFENCE SERVICES Scope of public defence services 52. (1) The Director General, the Chief Public Defender, an assigned solicitor or a public defender officer may provide public defence services in relation to any criminal proceedings specified in the Fourth Schedule. (2) Notwithstanding subsection (1), where the Minister is satisfied that in any particular case of hardship it is in the interest of justice to do so, the Minister may authorize the Director General or the Chief Public Defender to provide public defence services other than the proceedings specified in the Fourth Schedule. Application for public defence services 53. (1) An application by a person who requires public defence services shall be made to the Chief Public Defender in such manner as may be determined by the Director General. (2) An application under subsection (1) shall be accompanied by such information, particulars or documents as may be determined by the Director General. Legal Aid and Public Defence 41 (3) The application under subsection (1) may be made at any time within a period of fourteen days— (a) after the case is transferred to the High Court under section 177A of the Criminal Procedure Code [Act 593]; (b) after a charge before any court; (c) after conviction by any court; or (d) after receiving a notice of appeal. (4) If the applicant is a child, the application shall be made on behalf of the child by his parents or guardian and any reference to the applicant in this Chapter shall include the parents or guardian of the child. (5) Subject to the limitation under section 56, no person arrested in relation to any offence or charged with any offence shall be denied the opportunity to apply for public defence services. Issuance of public defence certificate 54. The Chief Public Defender may issue a public defence certificate to the applicant after payment of the prescribed fee and after considering the application under section 53 and being satisfied that– (a) the applicant has reasonable grounds to obtain public defence services in the criminal proceedings; (b) the applicant meets the criteria and the means test as prescribed by the Minister; and (c) the offence charged against the applicant is within the scope of the public defence services. Issuance of public defence certificate after obtaining authorization of Minister 55. Notwithstanding section 53, the Director General shall, after obtaining the authorization of the Minister to provide public defence services pursuant to subsection 52(2) and after payment of the prescribed fee, issue a public defence certificate to an applicant. 42 Laws of Malaysia Act 878 Limitation of public defence services 56. No public defence services shall be provided in relation to any criminal proceedings as specified in the Fifth Schedule. Record and filing of public defence certificate 57. (1) The Chief Public Defender may, upon issuing a public defence certificate to the aided accused under sections 54 and 55— (a) act on behalf of the aided accused; or (b) assign a solicitor who is chosen by either the aided accused or the Chief Public Defender to act on behalf of the aided accused. (2) The Chief Public Defender shall record the name of the assigned solicitor in the public defence certificate. (3) The Chief Public Defender or the assigned solicitor shall file the public defence certificate without being imposed with a court fee to commence any proceedings in court. (4) The Chief Public Defender or the assigned solicitor shall represent the aided accused in court proceedings after the public defence certificate is filed in court. (5) If there is any change in the solicitor assigned to the aided accused, the Chief Public Defender or new assigned solicitor shall file in the court hearing the proceedings a notice of change of solicitors. (6) When the public defence certificate has been filed pursuant to subsection (3), the aided accused— (a) shall be given a copy of the record of the judge’s notes of the aided accused’s criminal proceedings free of charge; and (b) shall not be liable to pay any court fees. Legal Aid and Public Defence 43 Revocation of public defence certificate 58. (1) Subject to subsections (2) and (3), the Chief Public Defender may revoke— (a) any public defence certificate issued under section 54, whether or not an application has been made to that effect; and (b) after obtaining authorization from the Minister, any public defence certificate issued under section 55. (2) The Chief Public Defender or any public defender officer shall take any reasonable or necessary action to issue a notice of revocation of the public defence certificate to the aided accused. (3) The notice of revocation of public defence certificate issued to the aided accused shall be effective from the date the aided accused receives such notice. (4) Where the revoked public defence certificate has been filed in any court, the Chief Public Defender or public defender officer shall file in the court a notice of revocation of the public defence certificate and the revocation shall be effective from the date of filing of such notice in court. (5) The court shall, upon receiving the notice of revocation under subsection (4), order all pending criminal proceedings in relation to the aided accused be stayed— (a) for a period of one month; or (b) for any other period after taking into account the interests of justice of parties who may be affected by the stay order. (6) A person shall cease to be an aided accused effective from— (a) the date such person receives the notice of revocation under subsection (3); or (b) the date of filing of the notice of revocation in court under subsection (4). 44 Laws of Malaysia Act 878 Advances for unexpected expenses in criminal proceedings 59. (1) The Chief Public Defender may request any applicant or aided accused to advance a sum of money at any time the Chief Public Defender thinks fit to be deposited into the trust account for the purposes of the payment of unexpected expenses arising specifically in relation to the provision of public defence services under this Part. (2) The Chief Public Defender when requesting the advance referred to in subsection (1) shall ensure the request does not cause– (a) undue hardship to the applicant or aided accused; and (b) all consequential matters related to the public defence services to be suspended pending the payment of such advance to the extent that it may harm the interests of the applicant or aided accused. (3) The advance referred to in subsection (1) shall only be used for the purposes of unexpected expenses. (4) The Chief Public Defender may pursue any action at the expense of public money or money from the trust account in the interests of justice even though the applicant or aided accused fails to advance a sum of money under subsection (1). (5) If there is any excess of advance on the account of the aided accused, the aided accused may, within a period of six months from the date the certificate is revoked, apply to the Chief Public Defender for the excess of the advance to be refunded. (6) The excess of the advance to be refunded under subsection (5) shall not exceed twenty-five percent of the advance being the advocacy costs paid pursuant to subsection (1). (7) The aided accused shall be deemed to have waived his rights if the aided accused does not apply for the return of the excess advance within the period specified under subsection (5). Appeal of aided accused against decision of court 60. (1) If the aided accused is aggrieved by any decision of the court and wishes to appeal against the decision of the court, the aided accused shall apply for a new certificate for the purposes of such appeal. Legal Aid and Public Defence 45 (2) The application for public defence services under subsection (1) shall be deemed to be a new application for public defence services. (3) Sections 53, 54, 56, 57, 58 and 59 shall apply mutatis mutandis to an application for public defence services under this section. (4) The appeal referred to under subsection (1) shall be made with the approval of the Chief Public Defender subject to any conditions as may be determined by the Chief Public Defender. (5) Notwithstanding subsection (4), for the purpose of complying with rules regarding the time period prescribed for the filing of an appeal, a notice of appeal may be filed in advance without the approval of the Chief Public Defender. (6) A notice of appeal filed by the aided accused may be proceeded with on his own even though his application for public defence services is not approved by the Chief Public Defender. Appeal against decision of court by Public Prosecutor 61. If the Public Prosecutor appeals against any decision of the court, the public defence certificate issued by the Chief Public Defender for the benefit of the aided accused under this Act shall remain in effect until all matters arising from the appeal are disposed of. PARt V GENERAL Use of electronic service 62. (1) Notwithstanding any other provision of this Act and subject to the regulations made under this Act, the Director General may provide an electronic service to any registered user for— (a) the filing or submission of any application for legal aid or public defence services; 46 Laws of Malaysia Act 878 (b) the filing or submission of any statutory declaration, cause paper, recorded settlement or agreement, or any other documents; (c) the payment of any fee, contribution, cost, charges and any other payment; (d) the service of any certificate, notice, directions, order, cause paper, receipt or any other documents; (e) the assignment or change of a solicitor for the purposes of legal aid and public defence services in relation to any provision under this Act; and (f) the provision of legal advice and mediation services. (2) The Director General shall not be liable for any loss or damage suffered by the registered user by reason of any error or omission of whatever nature or however arising appearing in the electronic service if the error or omission was made in good faith and in the ordinary course of the discharge of the duties of the Director General or occurred or arose as a result of any defect or breakdown in the electronic service or in the equipment used for the provision of the electronic service. (3) All transactions made under subsection (1) are deemed to have been furnished by a person to the Director General on the date the acknowledgement of receipt of the transaction is transmitted electronically by the Director General to the person. False or misleading statement, etc. 63. A person who knowingly— (a) makes any false or misleading statement or representation in the application for legal aid or public defence services; (b) fails to make full disclosure of his financial ability; or Legal Aid and Public Defence 47 (c) fails to inform the Director General of any change in his means or condition which may render him ineligible for legal aid or public defence services under this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or imprisonment for a period not exceeding two years or to both. Court order for costs against aided person or aided accused 64. (1) The court may order the aided person or aided accused to pay costs to the affected person if— (a) the legal aid provided to the aided person or public defence services provided to the aided accused was obtained through fraud or misrepresentation; (b) the aided person or aided accused has behaved or committed any act that may prejudice the interests of justice; or (c) for civil or syariah proceedings, the aided person is found to have misused the court process in actions or defences related to the proceedings. (2) If an order is made under subsection (1), the cost shall be assessed as if the party ordered to pay the costs is not the aided person or aided accused and the costs may be deposited into the trust account. (3) The costs ordered to be paid, unless otherwise directed by the order, shall include— (a) fees referred to in paragraphs 28(6)(a) and (b) or paragraphs 57(6)(a) and (b); and (b) any money which has been expended by the Director General to pay unexpected expenses in accordance with section 30 or 59. (4) If the order for costs under subsection (1) consists of costs referred to in subsection (3) and any other costs, the costs received by the affected person shall first be expended for the payment of costs referred to in subsection (3). 48 Laws of Malaysia Act 878 (5) After an order for costs is made under subsection (1), the court may allow the aided person or aided accused— (a) in criminal proceedings, to continue his defence at his own expense; or (b) in civil or syariah proceedings, to withdraw pleadings for any reason allowed in accordance with the rules of the court. (6) For the purposes of subsection (1), “affected person” means the Director General who acted for the aided person, the Chief Public Defender who acted for the aided accused, a solicitor assigned to act for the aided person or aided accused or a person who has been made as another party to any proceedings in any court. Privileged communications 65. (1) All communications between– (a) an applicant for legal aid or public defence services and the Director General or the Chief Public Defender; or (b) an aided person or aided accused and the Director General, Chief Public Defender, appointed officer, public defender officer, assigned solicitor or mediator, are privileged to the same extent as communications between a solicitor and his client. (2) Notwithstanding subsection (1), the privileged communication shall not cover any information provided to the Director General regarding the property or income of the applicant which is required for the purpose of investigation under section 22, and issuance of any legal aid certificate under sections 23, 24, 25 and 26 and issuance of any public defence certificate under sections 54 and 55. Duty to avoid conflict of interest 66. (1) The Director General or the appointed officer shall not represent both of the parties in the same civil or syariah proceedings. Legal Aid and Public Defence 49 (2) In the event that different aided persons are involved in the same civil or syariah proceedings, the Director General shall assign a different solicitor from the panel of solicitors to conduct the civil or syariah proceedings independently and impartially in the interests of justice for both parties. (3) An assigned solicitor and his legal firm shall not represent— (a) both the aided accused and the victim of a crime allegedly committed by the aided accused in the same criminal proceedings; or (b) both the aided accused and the victim of a crime allegedly committed by the aided accused, if the aided accused is subject to any civil proceedings brought by the victim against him. (4) Where a situation referred to in subsection (3) arises, an assigned solicitor shall, as soon as practicable, inform the Director General or the Chief Public Defender of such facts. Finality of decisions 67. Any decision made by the Director General or the Chief Public Defender— (a) to give or refuse to give legal aid under Part III or public defence services under Part IV to any applicant; (b) to revoke a legal aid certificate, terminate legal companion services or revoke a public defence certificate; or (c) to refuse an application for legal aid or public defence services to appeal against the decision of the court under section 33 or 60 to the aided person or aided accused respectively, may be appealed to the Minister and the Minister may confirm, reverse or vary any decision of the Director General or the Chief Public Defender and the decision of the Minister is final. 50 Laws of Malaysia Act 878 Public servant 68. The Director General, the Chief Public Defender, the assigned solicitor, appointed officer, public defender officer and mediator, who is not a member of the public service, while discharging his duties under this Act shall be deemed to be a public servant within the meaning of the Penal Code. Application of Public Authorities Protection Act 1948 69. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Director General, the Chief Public Defender, the assigned solicitor, appointed officer, public defender officer and mediator, who is not a member of the public service, in respect of any act, neglect or default done or committed by him in good faith, or any omission by him in good faith in such capacity. Protection against suit and legal proceedings 70. No action, suit, prosecution or other proceedings shall be brought, instituted or maintained in any court against the Minister, the Director General, the Chief Public Defender, the assigned solicitor, appointed officer, public defender officer and mediator on account of or in respect of any act, neglect or default done or omitted by him in the course of carrying out his duties under this Act unless it can be proven that the act, neglect or default was done or omitted in bad faith and without reasonable cause. Power to suspend 71. (1) Notwithstanding the provisions of this Act, the Minister may, after consultation with the Minister of Finance, by order published in the Gazette, suspend any legal aid or public defence services provided under this Act for a reasonable period on the grounds of public interest. Legal Aid and Public Defence 51 (2) Any suspension of legal aid or public defence services made by the Minister under this section shall not affect the legal aid certificate or public defence certificate that has been issued under this Act before the suspension and any matters arising in accordance with the requirements of such certificate shall be continued by the Director General until they are disposed of to the extent that the legal aid or public defence services is not affected by the suspension order. Power to amend Schedule 72. (1) The Minister may, by order published in the Gazette, amend the Schedules to this Act. (2) Notwithstanding subsection (1), the Minister may, after consultation with the Attorney General, by order published in the Gazette, amend the Fifth Schedule to limit public defence services in the interests of justice. Power to make regulations 73. (1) The Minister may make regulations as may be necessary or expedient for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Minister may make regulations— (a) to prescribe all matters relating to the provision of legal aid and public defence services; (b) to prescribe all fees, charges, costs, contributions, advances or any other payment payable under this Act; (c) to prescribe all matters relating to the recovery of money due in respect of legal aid and public defence services; 52 Laws of Malaysia Act 878 (d) to prescribe any provision necessary for special circumstances if— (i) a person seeks legal aid and public defence services in a matter of special urgency; (ii) a person begins to receive legal aid and public defence services after consulting with a solicitor in the ordinary way in respect of the matter, or ceases to receive legal aid and public defence services before the matter in question is finally settled; and (iii) there is any relevant change of circumstances while a person is receiving legal aid and public defence services; (e) to prescribe any other matter required to be prescribed under this Act. PARt VI REPEAL, SAVING AND TRANSITIONAL Repeal 74. The Legal Aid Act 1971 [Act 26] is repealed. Person holding office, etc. 75. (1) The person holding office as the Director General of Legal Aid under the repealed Act shall be deemed to have been appointed under this Act and shall continue to hold office unless he sooner resigns his office or is transferred to another office in the general public service of the Federation. (2) All officers and staff holding an appointment under the repealed Act shall be deemed to be officers and staff appointed under this Act and shall continue to hold office unless he sooner resigns his office or is transferred to another office in the general public service of the Federation and shall hold such title of office as may be determined by the Minister. Legal Aid and Public Defence 53 Transfer of powers, rights, duties, etc. 76. All powers, rights, duties, liabilities and obligations which immediately before the date of coming into operation of this Act were the powers, rights, duties, liabilities and obligations of the former Director General of Legal Aid and appointed officers under the repealed Act shall, on the date of coming into operation of this Act, be devolved on the Director General and appointed officers under this Act. Transfer of moneys in trust account 77. All moneys standing in and due to be paid into the trust account created and maintained by the former Director General of Legal Aid under the repealed Act shall on the date of coming into operation of this Act be transferred to and be deemed to be part of the trust account created and maintained by the Director General under this Act. Contributions, etc. 78. All contributions and advance payments for unexpected expenses paid to the Director General of Legal Aid immediately before the coming into operation of this Act, shall, on the date of coming into operation of this Act, be deemed to be paid under this Act and dealt with under this Act. Application for legal aid 79. Any application for legal aid under the repealed Act immediately before the date of coming into operation of this Act, shall be dealt with under this Act. Continuance of legal aid 80. All legal aid given before the date of coming into operation of this Act under the repealed Act, shall continue to be given under this Act. 54 Laws of Malaysia Act 878 Continuance of legal aid certificate 81. (1) All legal aid certificates issued under the repealed Act before the date of coming into operation of this Act shall, subject to the terms, conditions, limitations and period of validity specified in the certificate, on the date of coming into operation of this Act, continue to remain in force and enforceable until such certificate is revoked. (2) The Director General may amend, renew or cancel the certificate referred to in subsection (1) in accordance with the provisions of this Act. Continuance of panel of solicitors 82. (1) All assignments of a panel of solicitors under the repealed Act immediately before the coming into operation of this Act shall, on the date of coming into operation of this Act, be deemed to have been assigned under this Act. (2) The Director General may renew or cancel the assignment of solicitors referred to in subsection (1) in accordance with the provisions of this Act. Continuance of decisions, etc. 83. All decisions, directions and notices made or issued by the Director General of Legal Aid or the Minister under the repealed Act shall, in so far as those decisions, directions and notices are consistent with this Act, on the date of coming into operation of this Act, continue in force until such decisions, directions and notices are revoked or amended. FiRst schEdulE [Section 16] DESCRIPTION OF MATTERS IN RESPECT OF WHICH LEGAL ADVICE MAY BE GIVEN Legal advice on all legal matters in relation to laws of Malaysia Legal Aid and Public Defence 55 sEcoNd schEdulE [Section 20] DESCRIPTION OF CIVIL AND SYARIAH PROCEEDINGS IN RESPECT OF WHICH LEGAL AID MAY BE PROVIDED Part I Proceedings in Civil Courts (1) (2) No. Proceedings 1. Proceedings under the Married Women and Children (Maintenance) Act 1950 [Act 263] 2. Proceedings under the Maintenance Ordinance 1959 [Sabah No. 7 of 1959] 3. Proceedings under the Married Women and Children (Enforcement of Maintenance) Act 1968 [Act 794] 4. Proceedings under the Sarawak Native Customary Marriage (Maintenance) Ordinance 2003 [Chapter 55] 5. Proceedings under the Maintenance Orders (Facilities for Enforcement) Act 1949 [Act 34] for provisional order 6. Proceedings relating to rights and liabilities regarding divorce and custody 7. Proceedings relating to rights and liabilities under the Adoption Act 1952 [Act 257] 8. Proceedings relating to rights and liabilities under the Adoption Ordinance 1960 [Sabah No. 23 of 1960] 9. Proceedings under the Sarawak Adoption Ordinance [Chapter 91] 10. Proceedings relating to rights and liabilities under the Small Estates (Distribution) Act 1955 [Act 98] 11. Application for Probate and Letter of Administration of the Estate 12. Proceedings relating to rights and liabilities under the Sabah Probate and Administration Ordinance 1947 [Chapter 109] 13. Proceedings relating to rights and liabilities under the Sarawak Administration of Estates Ordinance [Chapter 80] 14. Proceedings relating to rights and liabilities under the Padi Cultivators (Control of Rent and Security of Tenure) Act 1967 [Act 793] 56 Laws of Malaysia Act 878 (1) (2) No. Proceedings 15. Proceedings relating to rights and liabilities regarding civil actions for damages arising from accidents involving motor vehicles within the meaning of the Road Transport Act 1987 [Act 333] 16. Proceedings relating to rights and liabilities under the Moneylenders Act 1951 [Act 400] 17. Proceedings relating to rights and liabilities regarding proceedings relating to tenancy 18. Proceedings relating to rights and responsibilities under the Hire- Purchase Act 1967 [Act 212] 19. Consumer claims which include— (a) matters relating to enforcement of the Tribunal for Consumer Claims award; and (b) judicial review proceedings naming the user as a respondent in the legal action 20. Application for an order on presumption of death 21. Proceedings under the Guardianship of Infants Act 1961 [Act 351] 22. Proceedings under the Sarawak Guardianship of Infants Ordinance [Chapter 93] 23. Proceedings under the Sabah Guardianship of Infants Ordinance [Chapter 54] 24. Judicial review or appeal of a decision made in relation to labour and industrial relations law naming an employee as respondent by his employer or former employer in the legal action Part II Proceedings in Syariah Courts (1) (2) No. Proceedings 1. Proceedings relating to engagement (damages), wali hakim, maintenance, custody, divorce, ruju’, marital debt, muta’ah and harta sepencarian, harta dom (harta bawaan) including proceedings relating to the enforcement and execution of orders for these proceedings 2. Proceedings relating to gift inter vivos (hibah) and will Legal Aid and Public Defence 57 (1) (2) No. Proceedings 3. Application for presumption of death for dissolution of marriage 4. Application for confirmation of nasab of child 5. Application for confirmation of marriage Note: For the purposes of this Schedule, any words and expressions in the Arabic language, shall be deemed to have the meaning assigned to them under any relevant Federal Acts or State Enactment. thiRd schEdulE [Section 36] DESCRIPTION OF OFFENCES IN RESPECT OF WHICH LEGAL COMPANION SERVICES MAY BE PROVIDED All offences against children as provided for in any written law FouRth schEdulE [Section 52] DESCRIPTION OF CRIMINAL PROCEEDINGS IN RESPECT OF WHICH PUBLIC DEFENCE SERVICES MAY BE PROVIDED (1) (2) No. Proceedings 1. All criminal proceedings in which the accused and the child accused of any offence are not represented by a solicitor 2. All criminal proceedings against a person with disabilities who is a citizen of Malaysia and children with disabilities of non-citizens subject to certain conditions 3. All criminal proceedings under the Minor Offences Act 1955 [Act 336] 4. All criminal proceedings against children in the Court For Children under the Child Act 2001 [Act 611] regardless of nationality or citizenship 5. All applications under section 117 of the Criminal Procedure Code [Act 593] for the purposes of further investigation 58 Laws of Malaysia Act 878 FiFth schEdulE [Section 56] DESCRIPTION OF CRIMINAL PROCEEDINGS IN RESPECT OF WHICH PUBLIC DEFENCE SERVICES MAY NOT BE PROVIDED (1) (2) No. Proceedings 1. Charges for criminal offences punishable with the death penalty or imprisonment for life 2. Charges for criminal offences under Chapters VI, VIA and VIb of the Penal Code [Act 574] except for a child offender 3. 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