Section 1
(1)
This Act may be cited as the Legal Aid (Amendment)
Act 2017.
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment ActIn force
Legal Aid (Amendment) Act 2017
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- Enacted
- 2017
- Sections
- 12
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Legal Aid (Amendment) Act 2017 is Malaysia Amendment Act, cited as Amendment Act A1548 2017, currently marked in force and first recorded in 2017.
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1
LEGAL AID (AMENDMENT) ACT 2017
Date of Royal Assent
...
...
9 October 2017
Date of publication in the
Gazette
...
...
...
17 October 2017
Publisher’s Copyright C
(Appointed Printer to the Government of Malaysia).
Legal Aid (Amendment)
Opening note
Preamble
- An Act to amend the Legal Aid Act 1971. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement
Section 2
Amendment of section 2
The Legal Aid Act 1971 [Act 26], which is referred to as the
“principal Act” in this Act, is amended in section 2—
(a)
by inserting after the definition of “judge” the following definition:
‘ “legal aid” means legal aid services as provided in section 2a;’; and
LEGAL AID (AMENDMENT) ACT 2017
(b)
by inserting after the definition of “aided person” the following definition:
‘ “child” has the meaning assigned to it in the Child
Act 2001 [Act 611];’.
Section 3
New Part Ia
The principal Act is amended by inserting after Part I the following Part:
“Part Ia
LEGAL AID SERVICES
Legal aid services 2a. (1) The legal aid services given under this Act shall consist of the following:
(2)
The legal aid services referred to in subsection (1)
may be given to the citizens of Malaysia only.
Registration fee 2b. (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.”.
Legal Aid (Amendment)
5
Section 4
Amendment of section 15
Section 15 of the principal Act is amended by substituting for paragraph 15(2)(b) the following paragraph:
“(b) he is satisfied that the applicant fulfills the criteria and means tests as prescribed by the Minister.”.
Section 5
Amendment of section 16
Section 16 of the principal Act is amended by substituting for paragraph 16(1)(b) the following paragraph:
“(b) he is satisfied that the applicant fulfills the criteria and means tests as prescribed by the Minister.”.
Section 6
Deletion of section 16b
The principal Act is amended by deleting section 16b.
Section 7
Amendment of section 18
Subsection 18(1) of the principal Act is amended by substituting for the words “in a lump sum or by instalment” the words “of a sum as prescribed by the Minister for the purposes of administering the legal aid services”.
Amendment of section 29
Section 8
Section 29 of the principal Act is amended—
(a)
in subsection (1), by substituting for the words “persons resident and present in” the words “citizens of”; and
(b)
by substituting for subsection (4) the following subsection:
“(4) A person seeking legal advice shall apply to the
Director General of Legal Aid and shall be required to satisfy the Director General of Legal Aid that he cannot afford to obtain the legal advice in the ordinary way.”.
Section 9
New Part Vb
The principal Act is amended by inserting after Part Va the following Part:
“Part Vb
LEGAL COMPANION SERVICES
Provision of legal companion services 29g. (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.
Qualification for legal companion services
Quoted provision
Section 29h
(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
(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.
Legal Aid (Amendment)
7
Legal companion services 29i. (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.”.
Amendment of section 32
Section 10
Subsection 32(2) of the principal Act is amended—
(b)
by inserting after paragraph (ca) the following paragraph:
“(cb) to regulate the practice and procedure of legal companion services; and”.
Section 11
New Fifth Schedule
The principal Act is amended by inserting after the
Fourth Schedule the following Schedule:
“Fifth Schedule
[Subsection 29g(1)]
DESCRIPTION OF OFFENCES IN RESPECT OF WHICH
LEGAL COMPANION SERVICES MAY BE GIVEN
All sexual offences against a child provided in any written law.”.
Saving
Section 12
Any application made or action commenced under the principal
Act which is still pending before the coming into operation of this Act shall continue to be valid and shall be dealt with under the principal Act as if the principal Act had not been amended by this Act.
KUALA LUMPUR
Common questions
- What is Legal Aid (Amendment) Act 2017?
- Legal Aid (Amendment) Act 2017 is Malaysia Amendment Act, cited as Amendment Act A1548 2017, currently marked in force and first recorded in 2017.
- Is Legal Aid (Amendment) Act 2017 still in force?
- Yes — Legal Aid (Amendment) Act 2017 is currently in force.
- When did Legal Aid (Amendment) Act 2017 take effect?
- Legal Aid (Amendment) Act 2017 was first recorded in 2017.
- How many sections does Legal Aid (Amendment) Act 2017 have?
- Legal Aid (Amendment) Act 2017 contains 13 sections.
- Where can I read the official version of Legal Aid (Amendment) Act 2017?
- The official text of Legal Aid (Amendment) Act 2017 is published at lom.agc.gov.my.
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