Malaysia legislation
Section 59
Section 59
Defender may revoke—
(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