Malaysia legislation

Section 31

of LEGAL AID AND PUBLIC DEFENCE ACT 2026

Section 31

(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

Section 31 — LEGAL AID AND PUBLIC DEFENCE ACT 2026