026e.fm Page 1 Monday, March 27, 2006 2:14 PM LAWS OF MALAYSIA REPRINT Act 26 LEGAL AID ACT 1971 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD 2006 026e.fm Page 2 Monday, March 27, 2006 2:14 PM 2 LEGAL AID ACT 1971 Date of Royal Assent ... ... ... ... ... 24 April 1971 Date of publication in the Gazette ... ... ... 29 April 1971 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 1992 Second Reprint ... ... ... ... 2000 PREPARED FOR PUBLICATION BY MALAYAN LAW JOURNAL SDN BHD AND PRINTED BY PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 026e.fm Page 3 Monday, March 27, 2006 2:14 PM 3 LAWS OF MALAYSIA Act 26 LEGAL AID ACT 1971 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II ADMINISTRATION 3. Director General of Legal Aid and other persons assisting him 4. Overall supervision by the Minister 5. Panels of solicitors 6. (Deleted) 7. (Deleted) 8. (Deleted) 9. (Deleted) PART III LEGAL AID IN CRIMINAL CASES 10. Application for legal aid in criminal cases 11. Free legal aid certificate PART IV LEGAL AID IN CIVIL ACTIONS 12. General conditions of legal aid in civil actions 13. Application for legal aid in civil cases 026e.fm Page 4 Monday, March 27, 2006 2:14 PM 4 Laws of Malaysia ACT 26 Section 14. Power of Director General to make inquiries 15. Grant of legal aid certificates 16. Additional powers to grant legal aid service 16A. Grant of legal aid certificate where Director General authorized by Minister to give legal aid 16B. Registration fee 17. (Deleted) 18. Contributions from aided persons 19. Cancellation of certificate 20. Application for aid by more than one party 21. Endorsement and filing of certificate 22. Deposit in respect of out of pocket expenses 23. Court may order payment of costs by aided person in certain event 24. Legal aid not to discontinue without leave 25. Costs 26. Stay of proceedings upon making of application for legal aid 27. Appeals by aided persons 28. Rules of court PART V LEGAL ADVICE 29. Right to and nature of legal advice PART VA MEDIATION 29A. Provisions of mediation services 29B. Dispute 29C. Mediation to be voluntary 29D. Settlement or agreement to be reduced into writing 29E. Confidential communications with a mediator 29F. Mediator 026e.fm Page 5 Monday, March 27, 2006 2:14 PM Legal Aid 5 PART VI GENERAL Section 30. Privileges attaching to certain relationships 31. False statement 31A. Finality of decision made under Act 31B. Exoneration from liability 32. Regulations 33. Repeal FIRST SCHEDULE -- (Deleted) SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE 026e.fm Page 6 Monday, March 27, 2006 2:14 PM 026e.fm Page 7 Monday, March 27, 2006 2:14 PM 7 LAWS OF MALAYSIA Act 26 LEGAL AID ACT 1971 An Act to make provisions for the grant of legal aid to certain persons and for matters connected with it. [Throughout Malaysia--30 April 1971] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title 1. This Act may be cited as the Legal Aid Act 1971. Interpretation 2. In this Act, unless the context otherwise requires-- "aided person" means a person who has been granted a certificate that he is entitled to legal aid under this Act and, where such a person is an infant, includes his guardian; "court" means a court established by or under Part IX of the Federal Constitution, the Syariah Subordinate Court, the Syariah High Court and the Syariah Appeal Court; "Director General of Legal Aid" or "Director" means the Director General of Legal Aid appointed under section 3; "Director of Social Welfare" means the person for the time being executing the duties of the Director of Social Welfare and includes such other officers as may be vested with the powers or as may be exercising the functions of the Director of Social Welfare in a State; 026e.fm Page 8 Monday, March 27, 2006 2:14 PM 8 Laws of Malaysia ACT 26 "guardian" in relation to an infant, includes without prejudice to the generality of the expression, such person as the Director General considers might properly be appointed to be the next friend or guardian ad litem of the infant; "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, a Syariah High Court or a Syariah Appeal Court; "mediation" includes-- (a) the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; (b) the bringing together of the parties to any dispute for the purpose referred to in paragraph (a), either at the request of one of the parties to the dispute or on the initiative of the Director General of Legal Aid; and (c) the follow-up of any matter being the subject of any such discussion or settlement; "mediation session" means a meeting in accordance with Part VA; "mediator" means any person who is appointed under section 29F; "solicitor" means an advocate and solicitor admitted to practise in any part of Malaysia. PART II ADMINISTRATION Director of Legal Aid and other persons assisting him 3.  (1) The Minister may appoint from amongst members of the Judicial and Legal Service of the Federation a person to be or to act as a Director General of Legal Aid. (2) The Director General shall be assisted by such other person as the Minister may appoint and who shall carry such designation as the Minister may determine. 026e.fm Page 9 Monday, March 27, 2006 2:14 PM Legal Aid 9 (3) Notwithstanding any provision of any written law to the contrary, the Director General and any person appointed under subsection (2) shall, for the purposes of this Act, have the right to appear and plead in all courts in Malaysia. (4) For the purposes of this Act, every person appointed under s u b s e c t i o n (2) shall be subject to the general direction and supervision of the Director General, and subject thereto, shall have and exercise all the powers conferred on the Director General by or under this Act, other than those conferred by sections 5 and 27. (5) Every person appointed under subsection (2) shall, unless he is already a public servant-- (a) receive such remuneration as the Yang di-Pertuan Agong may determine; (b) be deemed to be a public servant within the meaning of the Penal Code [Act 574]. Overall supervision by the Minister 4. (1) The Director General shall be responsible to the Minister. (2) The Minister may from time to time issue directions to the Director General not inconsistent with the provisions of this Act and the Director General shall comply with such directions. Panels of solicitors 5.  (1) The Director General of Legal Aid shall prepare and maintain panels of solicitors willing to investigate, report and give an opinion upon applications for the grant of legal aid, to act for persons receiving legal aid or to give legal advice under the provisions of this Act; and there may be separate panels for different purposes and for different courts. (2) Any solicitor shall be entitled to have his name on the panels or any of them unless there is good reason for excluding him arising out of his conduct when acting or assigned to act for persons receiving legal aid or his professional conduct generally. (3) Where a solicitor is aggrieved by any decision excluding him (whether permanently or temporarily) from the panels or any of them, he may appeal against the decision to a High Court and 026e.fm Page 10 Monday, March 27, 2006 2:14 PM 10 Laws of Malaysia ACT 26 the High Court (whose decision shall be final) may confirm or q u a s h the decision appealed against or may substitute such decision as it thinks fit. (4) Subject to subsection 24(2) any solicitor may at any time request the Director General to remove his name from the panels or any of them and the Director General shall comply with such request. (5) Subject to any regulations made under this Act the D i r e c t o r General shall pay to a solicitor investigating and reporting or giving an opinion upon applications for the grant of legal aid or acting for persons receiving legal aid or giving legal a d v i c e under the provisions of this Act such fees as may be agreed between the Director General and the solicitor. 6. (Deleted by Act A578). 7. (Deleted by Act A1188). 8. (Deleted by Act A1188). 9. (Deleted by Act A1188). PART III LEGAL AID IN CRIMINAL CASES Application for legal aid in criminal cases 10. (1) Criminal proceedings in connection with which legal aid may be given are any proceedings of a description specified in the Second Schedule. (2) The Minister may by order amend or vary the Second Schedule. (2A) Notwithstanding subsection (1) and sections 15 and 16, w h e r e the Minister is satisfied that in any particular case of hardship it is in the interests of justice to do so, he may authorize, in writing, the Director General to give legal aid in connection with any proceedings, whether or not of a description specified in the Second Schedule. 026e.fm Page 11 Monday, March 27, 2006 2:14 PM Legal Aid 11 (3) Any person may at any time within fourteen days after the committal under the Criminal Procedure Code [Act 593], charge o r conviction before or by any court, apply in writing in the prescribed form to the judge by whom the order was made or before whom the person was charged, or to the Director General, for legal aid for his defence or for the preparation and conduct of his appeal, as the case may be. (4) Where the Public Prosecutor has lodged notice of appeal against any judgment, sentence or order pronounced by any court, the respondent may make application to the judge by whom the judgment, sentence or order was made, or to the Director General, for legal aid resisting the appeal. (5) Every application under this section shall be accompanied b y a statutory declaration verifying the facts stated in the application. (6) The judge before whom the person appears on a charge