Section 64 — LEGAL AID AND PUBLIC DEFENCE ACT 2026

(a)

the legal aid provided to the aided person or public defence services provided to the aided accused was obtained through fraud or misrepresentation;

(b)

the aided person or aided accused has behaved or committed any act that may prejudice the interests of justice; or

(c)

for civil or syariah proceedings, the aided person is found to have misused the court process in actions or defences related to the proceedings.

(2)

If an order is made under subsection (1), the cost shall be assessed as if the party ordered to pay the costs is not the aided person or aided accused and the costs may be deposited into the trust account.

(3)

The costs ordered to be paid, unless otherwise directed by the order, shall include—

(a)

fees referred to in paragraphs 28(6)(a) and (b) or paragraphs 57(6)(a) and (b); and

(b)

any money which has been expended by the Director

General to pay unexpected expenses in accordance with section 30 or 59.

(4)

If the order for costs under subsection (1) consists of costs referred to in subsection (3) and any other costs, the costs received by the affected person shall first be expended for the payment of costs referred to in subsection (3).

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Act 878

(5)

After an order for costs is made under subsection (1), the court may allow the aided person or aided accused—

(a)

in criminal proceedings, to continue his defence at his own expense; or

(b)

in civil or syariah proceedings, to withdraw pleadings for any reason allowed in accordance with the rules of the court.

(6)

For the purposes of subsection (1), “affected person” means the Director General who acted for the aided person, the Chief

Public Defender who acted for the aided accused, a solicitor assigned to act for the aided person or aided accused or a person who has been made as another party to any proceedings in any court.

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