Malaysia legislation

Section 4

of LEGAL AID AND PUBLIC DEFENCE ACT 2026

Section 4

(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