LEGAL AID ACT 1971
This Act may be cited as the Legal Aid Act 1971 .
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;
[Ins. by Act A1548/2017]
"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;
[Ins. Act A1188]
"Director General of Legal Aid" or "Director" means the Director General of Legal Aid appointed under section 3;
[Ins. Act A1188]
(1) The legal aid services given under this Act shall consist of the following:
(a) legal aid in criminal cases as provided in Part III;
(b) legal aid in civil actions as provided in Part IV;
(c) legal advice as provided in Part V;
(d) mediation services as provided in Part VA; and
(e) legal companion services as provided in Part VB.
(2) The legal aid services referred to in subsection (1) may be given to the citizens of Malaysia only.
[Ins. by Act A1548/2017]
(1) Any person who has qualified for a legal aid under this Act shall be required to pay to the Director General of Legal Aid a registration fee as prescribed by the Minister.
(2) The registration fee paid under subsection (1) shall be expended for the purposes of administering the legal aid services.
[Ins. by Act A1548/2017]
(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.
[Am. Act A1188]
(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.
[Am. Act A1188]
(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.
[Am. Act A1188]
(4) For the purposes of this Act, every person appointed under subsection (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 Dire
(1) The Director General shall be responsible to the Minister.
[Am. Act A1188]
(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.
[Am. Act A1188]
(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.
[Am. Act A1188]
(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 the High Court (whose decision shall be final) may confirm or quash the decision appealed again
[Deleted by Act A578]
(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, where the Minister is satisfied that in any particular case of hardship it is in the interests of justice to do so, he may authorise, 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.
[Ins. Act A1188]
(3) Any person may at any time within fourteen days after the committal under the Criminal Procedure Code [Act 593] , charge or 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 h
(1) Where application is made under section 10 the judge or the Director General of Legal Aid may refer the application to the Director of Social Welfare for a report on the means of the applicant.
[Am. Act A1188]
(2) If the judge or the Director General of Legal Aid is of opinion on the facts brought before him including any report by the Director of Social Welfare that the person making the application is without adequate means to obtain legal aid and that it is desirable in the interests of justice that such legal aid should be supplied, he shall certify to that effect and the Director General of Legal Aid may thereupon cause arrangements to be made for the defence of that person and payment of the expenses of all material witnesses or for the preparation and conduct of the appeal or for resisting the appeal, as the case may be.
[Am. Act A1188]
(3) Any doubt whether an app
(1) Civil proceedings in connection with which legal aid may be given are any proceedings of a description specified in the Third Schedule.
(2) The Minister may by order amend or vary the Third Schedule.
(3) Notwithstanding subsection (1) and sections 15 and 16, where the Minister is satisfied that in any particular case of hardship it is in the interests of justice so to do, he may authorise the Director General to give legal aid in connection with any proceedings, whether or not of a description specified in the Third Schedule.
[Am. Act A1188]
(1) (a) Any person who whether in his own right or in a representative capacity desires to be granted legal aid under this Part shall make application in that behalf to the Director General of Legal Aid.
[Am. Act A1188]
(b) Every such application shall be in the prescribed form and accompanied by a statutory declaration verifying the facts stated in the application.
(2) Where the person who desires to be granted legal aid is an infant the application under this section shall be made on behalf of the infant by his guardian.
(3) Where any application is made on behalf of an infant under subsection (2)-
(a) a reference in section 14, paragraph 15(2) (a) or 16(1) (a) to an applicant shall be construed as a reference to the guardian and the infant jointly or to either of them severally; and
(b) a
14 PART IV LEGAL AID IN CIVIL ACTIONS-14. Power of Director General to make inquiries.
Where an application is made under section 13 the Director General of Legal Aid may:-
[Am. Act A1188]
(a) make such inquiries as he thinks fit as to the means and conditions of the applicant and as to the merits of the case or refer the application to the Director of Social Welfare for a report on the means of the applicant;
(b) require the applicant to furnish such information and such documents as the Director General may require for the purpose of considering the application;
[Am. Act A1188]
(c) require the applicant to attend personally;
(d) refer the application or any matter arising out of the application to any solicitor whose name is on the appropriate panel maintained pursuant to section 5 to investigate the facts and make a report thereon or to give any opinion thereon or on any question of law arising
15 PART IV LEGAL AID IN CIVIL ACTIONS-15. Grant of legal aid certificates.
(1) [Deleted by Act A578] .
(2) The Director General may grant to an applicant for legal aid a certificate (hereinafter referred to as a "legal aid certificate") that the applicant is entitled under this Part to legal aid in connection with any proceedings where-
(a) he is satisfied that the applicant has reasonable grounds for taking, defending, continuing or being a party thereto; and
(b) he is satisfied that the applicant fulfills the criteria and means tests as prescribed by the Minister.
[Subs. by Act A1548/2017]
16 PART IV LEGAL AID IN CIVIL ACTIONS-16. Additional powers to grant legal aid service.
(1) Notwithstanding section 15 the Director General may grant to an applicant a legal aid certificate in connection with any proceedings where-
(a) he is satisfied that the applicant has reasonable grounds for taking, defending, continuing or being a party thereto; and
(b) he is satisfied that the applicant fulfills the criteria and means tests as prescribed by the Minister.
[Subs. by Act A1548/2017]
(2) Any person to whom a legal aid certificate is granted under this section may be required to pay to the Director General a contribution in respect of the sums payable on his account.
[Am. Act A1188]
16A PART IV LEGAL AID IN CIVIL ACTIONS-16A. Grant of legal aid certificate where Director General authorised by Minister to give legal aid.
(1) Notwithstanding sections 15 and 16, the Director General shall grant to an applicant for legal aid a legal aid certificate in connection with any proceedings where the Minister has authorised the Director General to give legal aid under subsection 12(3).
[Am. Act A1188]
(2) Any person to whom a legal aid certificate is granted under this section may be required to pay to the Director General a contribution in respect of the sums payable on his account.
[Am. Act A1188]
16B PART IV LEGAL AID IN CIVIL ACTIONS-16B. [Deleted by Act A1548/2017] .
17 PART IV LEGAL AID IN CIVIL ACTIONS-17. [Deleted by Act A 1188].
18 PART IV LEGAL AID IN CIVIL ACTIONS-18. Contributions from aided persons.
(1) Any person to whom a legal aid certificate is granted under section 16 or 16A in respect of any proceedings may be required to make any contribution of a sum as prescribed by the Minister for the purposes of administering the legal aid services.
[Am. by Act A1548/2017]
(2) [Deleted by Act A1188] .
(3) If the total contribution made by a person in respect of any proceedings is more than the net liability of the Director General on his account, the excess shall be repaid to him.
[Am. Act A1188]
(4) Except in so far as regulations may otherwise provide any sums remaining unpaid on account of a person's contribution in respect of any proceedings and, if the total contribution is less than the net liability of the Director General on his account, a sum equal to the deficiency shall be a first charge on any property (wherever situate) which is recovered or prese
19 PART IV LEGAL AID IN CIVIL ACTIONS-19. Cancellation of certificate.
(1) The Director General of Legal Aid or any person appointed under subsection 3(2) may, at any time, and whether or not application has been made for the purpose, cancel any legal aid certificate issued under section 15 or 16 or, where so authorized by the Minister, under section 16A, and subject to subsection (2) of this section the person to whom the certificate was granted shall, as from the date of such cancellation, cease to be an aided person.
[Am. Act A1188]
(2) Where the legal aid certificate so cancelled has been filed in the registry of any court the Director General or any person appointed under subsection 3(2) shall file in court a notification of such cancellation, and, as from the date of filing of such notification, the person to whom the legal aid certificate was granted shall cease to be an aided person.
[Am. Act A1188]
(3) Upon the filing in court of such n
20 PART IV LEGAL AID IN CIVIL ACTIONS-20. Application for aid by more than one party.
If, in relation to any proceedings to which a person who has made an application for legal aid under this Part or an aided person is a party, any other party makes application for legal aid under this Part the provisions of this Act shall apply to both such parties:
Provided that the Director General of Legal Aid shall not himself act for either such party but shall assign a solicitor to be selected by the aided person, if he so desires, or otherwise by the Director General from the appropriate panel of solicitors maintained pursuant to section 5 to act for each aided person.
[Am. Act A1188]
21 PART IV LEGAL AID IN CIVIL ACTIONS-21. Endorsement and filing of certificate.
(1) Where a legal aid certificate is granted pursuant to section 15, 16 or 16A the Director General of Legal Aid may act for the aided person or may assign a solicitor to be selected by the aided person, if he so desires, or otherwise by the Director General from the appropriate panel maintained pursuant to section 5 so to act, and in such case shall endorse on the legal aid certificate the name of the solicitor so assigned:
[Am. Act A1188]
Provided that in any case where a solicitor is assigned to act after such certificate is filed in court, or in any case where a new assignment is made in lieu of a solicitor assigned previously, the Director General shall not be required to endorse on the certificate the name of the solicitor so assigned, or newly assigned, as the case may be, but may, instead, give notice of such assignment or new assignment by letter to the proper officer of the court in which proceedings are
22 PART IV LEGAL AID IN CIVIL ACTIONS-22. Deposit in respect of out of pocket expenses.
(1) The Director General of Legal Aid may require any applicant for legal aid under this Part or any person to whom a legal aid certificate has been granted under section 15, 16 or 16A to deposit with him such amounts at such times as the Director General may think fit to be used in or towards meeting out of pocket expenses (not including office expenses) incurred in connection with the application or with any proceedings to which the application or the legal aid certificate relates.
[Am. Act A1188]
(2) Any amount so deposited shall be used for the payment of such out of pocket expenses and any part of any such amount not so expended shall be refunded.
(3) In any case where the Director General is satisfied that the making of a deposit under subsection (1) of this section would occasion hardship, the Director General may, out of moneys provided for the purpose from time to time, meet any out of pocket expe
23 PART IV LEGAL AID IN CIVIL ACTIONS-23. Court may order payment of costs by aided person in certain event.
(1) Where it appears to a court or judge that a legal aid certificate granted under section 15 or 16 has been obtained by fraud or misrepresentation the court or judge may order the aided person to pay the costs of the Director General or of the solicitor who acted for him or the costs of the other party, or the costs of both the Director General or such solicitor and such party.
[Am. Act A1188]
(2)
In subsection (1) a reference to an "aided person" shall include, in any case where the legal aid certificate has been cancelled before the making of the order, the person who immediately before such cancellation was the aided person. (3) Where it appears to a court or judge that an aided person has acted improperly in bringing or defending any legal proceedings or in the conduct of them the court or judge may order the aided person to pay the costs of the Director Ge
24 PART IV LEGAL AID IN CIVIL ACTIONS-24. Legal aid not to discontinue without leave.
(1) An aided person shall not without the leave of the Director General discharge any solicitor assigned to act under this Part for him.
[Am. Act A1188]
(2) Any solicitor assigned to act for an aided person shall not discontinue his aid without the leave of the Director General of Legal Aid:
[Am. Act A1188]
Provided that any solicitor may be represented by any other solicitor.
25 PART IV LEGAL AID IN CIVIL ACTIONS-25. Costs.
(1) Where proceedings in which an aided person is a party are taken in any court, the court shall make, in favour of the aided person, the like order for costs (except against another aided person) as that court would have made in favour of the aided person had he not been an aided person, and in proceedings in which costs follow the event an aided person shall (except against another aided person) be entitled to costs in like manner as if he were not an aided person, notwithstanding that no amount is or will be payable by the aided person, or that the costs are in excess of the amount which is or will be payable by the aided person.
(2) Where any moneys are recovered by an aided person (whether in proceedings or by virtue of a settlement or compromise) he shall be liable to pay to the Director General so much of the moneys so recovered as is recovered in respect of costs.
[Am. Act A1188]
(3) For the purpo
26 PART IV LEGAL AID IN CIVIL ACTIONS-26. Stay of proceedings upon making of application for legal aid.
(1) Where litigation has been instituted and any party makes an application for legal aid under this Act the Director General shall, as soon as practicable after the application is made, notify the other party or each of the other parties, and file in the court in which the litigation is pending a memorandum of such notification and no fee shall be charged in respect of the filing of the memorandum.
[Am. Act A1188]
(2) Where any memorandum is so filed, unless otherwise ordered by a judge of the court in which the litigation is pending, all proceedings in the litigation shall, by virtue of this section be stayed for a period of fourteen days, and during such period (unless otherwise ordered by any such judge) time fixed by or under any written law or by or under any rules of court, regulations or otherwise for the doing of any act or the taking of any step in the proceedings shall not run:
Provided, however
27 PART IV LEGAL AID IN CIVIL ACTIONS-27. Appeals by aided persons.
Where a legal aid certificate granted pursuant to section 15, 16 or 16A has been filed in any court and the proceedings to which the certificate relates have been heard in that court and the aided person desires to prosecute any appeal or proceedings in the nature of an appeal therefrom, he shall not be entitled to prosecute such appeal or proceedings in the nature of an appeal as an aided person unless, in a case where the certificate was granted pursuant to section 16A, the Minister, and in all other cases, the Director General, is satisfied that the aided person has good grounds of appeal and so certifies.
[Am. Act A1188>
28 PART IV LEGAL AID IN CIVIL ACTIONS-28. Rules of court.
Where it is necessary or expedient so to do, the Rules Committee may make rules regulating the practice and procedure of any court in which proceedings may be taken by an aided person.
29 PART V LEGAL ADVICE-29. Right to and nature of legal advice.
(1) Subject to this Part, legal advice on any matter specified in the Second, Third and Fourth Schedules shall be available to persons resident and present in Malaysia.
(2) Legal advice shall consist of oral advice on legal questions given by the Director General of Legal Aid or a solicitor whose name is on the appropriate panel of solicitors maintained pursuant to section 5 and shall include help in preparing an application for legal aid and in supplying information required in determining financial resources of the applicant but shall not include advice on any law other than the law of Malaysia.
[Am. Act A1188]
(3) Provisions may be made by regulations for further defining or restricting the questions on which legal advice may be given and for regulating all matters relating to fees, charges and costs in relation to the giving of legal advice.
(4) A person seeking legal advice shall apply to the
29A PART VA MEDIATION-29A. Provision of mediation services.
(1) The Minister may authorise the Director General of Legal Aid to provide mediation services to aided persons.
(2) Each mediation session shall be conducted by one or more mediators.
[Ins. Act A1188]
29B PART VA MEDIATION-29B. Dispute.
(1) Any person who is a party to a dispute which is the subject of or which may become the subject of or which is related to any proceedings of a description specified in the Third Schedule may refer the dispute to a mediator.
(2) Without prejudice to subsection (1), the Director General may refer to a mediator any dispute which is the subject of or which may become the subject of or which is related to any proceedings of a description specified in the Third Schedule.
(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.
(4) An aided person or persons may be treated as being in dispute on any matter if he or they are not in agreement on the matter whether or not any relevant negotiations are still in progress.
[Ins. Act A1188]
29C PART VA MEDIATION-29C. Mediation to be voluntary.
(1) Attendance at and participation in a mediation session is voluntary.
(2) A party to a mediation session may withdraw from the mediation session at any time.
(3) Attendance at, participation in or withdrawal from a mediation session conducted under this Act shall not affect any rights or remedies that a party to a dispute has.
[Ins. Act A1188]
29D PART VA MEDIATION-29D. Settlement or agreement to be reduced into writing.
No settlement or agreement shall be binding on the parties to a mediation session unless it has been reduced into writing and signed by the parties to the settlement or agreement.
[Ins. Act A1188]
29E PART VA MEDIATION-29E. Confidential communications with a mediator.
No person shall be compelled to disclose to the court any confidential communication which has taken place between that person and a mediator, if the mediation process fails, unless that person offers himself as a witness, in which case that person may be compelled to disclose only such communications as may appear to the court to be necessary to be known in order to explain any evidence which he has given.
[Ins. Act A1188]
29F PART VA MEDIATION-29F. Mediator.
(1) The Minister may appoint any person as a mediator for the purpose of this Part.
(2) Every person appointed under subsection (1) shall be subject to the general direction and supervision of the Director General of Legal Aid and shall have no right to appear and plead in any court in Malaysia.
[Ins. Act A1188]
29G PART VB LEGAL COMPANION SERVICES-29G. Provision of legal companion services.
(1) Subject to this Part, legal companion services in relation to any proceedings of a description of offences specified in the Fifth Schedule may be provided to any person.
(2) The Minister may by order amend the Fifth Schedule.
[Ins. by Act A1548/2017]
29H PART VB LEGAL COMPANION SERVICES-29H. Qualification for legal companion services.
(1) Any person is qualified to make an application to the Director General of Legal Aid for a legal companion service if-
(a) he is a child who is a victim of any offences as specified in the Fifth Schedule; and
(b) he is still a child at the time the proceedings is commenced in court.
(2) The Director General of Legal Aid may grant a legal aid certificate to an applicant who is entitled under this Part to legal companion service upon being satisfied that the applicant has fulfilled the requirements in subsection (1).
(3) Any person to whom a legal aid certificate is granted under subsection (2) may be required to pay to the Director General of Legal Aid a contribution of a sum as prescribed by the Minister.
(4) The contribution paid under subsection (3) shall be expended for the purposes of administering the legal aid services.
[Ins. by Act A
29I PART VB LEGAL COMPANION SERVICES-29I. Legal companion services.
(1) A legal companion service may be given for the following purposes:
(a) to advise the guardian, or protector of an aided person permitted under any written laws on legal matters;
(b) to obtain relevant information relating to charges against any accused person in any criminal proceedings to 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 permitted under any written law on any matter relating to any civil action that can be brought or instituted by an aided person, if any.
(2) The Director General of Legal Aid may at any time discontinue the legal companion services given to the aided person.
[Ins. by Act A1548/2017]
30 PART VI GENERAL-30. Privileges attaching to certain relationships.
(1) The like privileges and rights as those which arise from the relationship of client and advocate and solicitor acting in his professional employment shall arise from the following relationship, that is to say:
(a) the relationship between a person granted legal aid under section 11 and the Director General and the solicitor (if any) assigned to act for him;
[Am. Act A1188]
(b) the relationship between an applicant for legal aid under this Act and the Director General and the solicitor (if any) to whom the application is referred;
[Am. Act A1188]
(c) the relationship between an aided person and the Director General and the solicitor (if any) assigned to act for him in any proceedings to which a legal aid certificate under section 15, 16 or 16A relates;
[Am. Act A1188]
(d) the re
31 PART VI GENERAL-31. False statement.
If any person seeking or receiving legal aid or advice in furnishing any information in his application knowingly makes any false statement or false representation, he shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
31A PART VI GENERAL-31A. Finality of decision made under Act.
Any decision made under this Act:-
(a) to grant or refuse to grant legal aid pursuant to Part III or IV;
(b) to cancel or refuse to cancel any legal aid certificate pursuant to section 19; or
(c) to certify or refuse to certify pursuant to section 27 that an aided person has good grounds of appeal,
shall be final and conclusive and shall not be subject to question or review in any court:
Provided that any person dissatisfied with a decision made under this Act by any person appointed under subsection 3(2) to refuse to grant legal aid may appeal to the Director General whose decision thereon shall be final and conclusive and shall not be subject to question or review in any court.
[Am. Act A1188]
31B PART VI GENERAL-31B. Exoneration from liability.
No matter or thing done or omitted to be done by:-
(a) the Director General of Legal Aid;
(b) persons appointed under subsection 3(2); or
(c) a mediator appointed under section 29F,
shall, if the matter or thing was done in good faith for the purpose of executing this Act and did not involve any fraud or wilful misconduct, subject any of them to any action, liability, claim or demand.
[Ins. Act A1188]
32 PART VI GENERAL-32. Regulations.
(1) The Minister may make regulations not inconsistent with the provisions of this Act prescribing anything which may be prescribed (other than for the purpose of regulating the practice and procedure of any court).
(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for any or all of the following matters:
(a) fees, charges and costs in relation to proceedings to which an aided person or a person to whom legal aid is supplied under this Act is a party and the remission of any such fees or charges;
(b) the recovery of sums due in respect of legal aid and for making effective the charge created by this Act on property recovered or preserved for a person receiving legal aid, including provision:-
(i) for the enforcement of any order or agreement for costs made in favour of a person who has received legal aid; and
(
33 PART VI GENERAL-33. Repeal.
The Emergency (Essential Powers) Ordinance No. 39, 1970 [P.U.(A) 257/1970] is hereby repealed.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
