Malaysia legislation

Section 9

of LEGAL AID (AMENDMENT) ACT 2017

Section 9

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

(a)

he is a child who is a victim of any offences as specified in the Fifth Schedule; and

(b)

he is still a child at the time the proceedings is commenced in court.

(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