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Malaysian Legal System - Bar Council Funded the Legal Aid Scheme
Introduction
Q1: Why is the government-funded legal aid scheme considered limited in criminal matters?
A: Because it focuses mainly on civil cases and allows criminal legal aid only in three specific situations listed in the Second Schedule of the Legal Aid Act.
Q2: What are the three criminal situations where government legal aid is available?
A:
Introduction to the Bar Council-Funded Legal Aid Scheme
Q3: What is one of the objectives of the Malaysian Bar under the Legal Profession Act 1976?
A: To establish or support schemes that allow financially disadvantaged persons to be represented by advocates and solicitors (s.42(1)(h)).
Q4: Why did the Bar Council initiate its own legal aid scheme?
A:
A: By forming a subcommittee and working with the Biro Bantuan Guaman (BBG) and the Faculty of Law, University of Malaya to design a programme that would:
A: 2 August 1982.
Q7: How is the Bar Council legal aid scheme funded today?
A: It is fully financed by the legal profession. Each Malaysian Bar member contributes RM100 annually and must handle at least one legal aid case per year when required.
16.8.3 The Legal Aid Centres (LACs)
Q8: Where are Legal Aid Centres located?
A: In the capital city of each state in Peninsular Malaysia. None exist in Sabah or Sarawak because the Legal Profession Act 1976 does not apply there.
Q9: Who runs the LACs?
A: Volunteer legal practitioners, assisted by full-time administrative staff and chambering students.
Q10: What roles do volunteer lawyers perform?
A:
A: They complete two weeks of training at the LAC, gaining experience by assisting lawyers, including preparing mitigation pleas.
Scope of Legal Aid Under the Bar Council Scheme
Q12: What services does the Kuala Lumpur LAC provide?
A:
A: Yes, it covers both, including matters under civil law and Islamic law.
Legal Advice
Q14: Is legal advice given for free?
A: Yes, all legal advice is provided free of charge.
Q15: What issues commonly receive legal advice?
A:
Criminal Proceedings
Q16: How extensive is criminal legal aid under the Bar Council scheme?
A: It is almost comprehensive, covering most criminal matters except cases involving the death penalty or life imprisonment.
Q17: Who provides aid for capital and life-sentence cases?
A: The government provides legal representation for such cases.
16.8.4.3 Civil Proceedings
Q18: What civil matters are covered?
A: Family disputes, consumer issues, tenancy and housing matters, employment matters, and public interest litigation.
Q19: What civil matters are excluded?
A:
16.8.4.4 Legal Awareness and Education Programme
Q20: What educational initiatives have the LACs carried out?
A: In the late 1990s, a nationwide legal awareness campaign distributed thousands of legal information leaflets to the public.
Q21: Did the LAC participate in any major public interest case?
A: Yes, including the Sagong bin Tasi (2002) case, concerning land rights of the Temuan Orang Asli.
16.8.4.5 Other Programmes
Q22: What additional programmes are provided by the KL LAC?
A:
A:
Eligibility for Legal Aid and Representation
Q24: Who qualifies for Bar Council legal aid?
A: Only applicants who pass a means test designed to assess financial hardship.
Q25: What are the two components of the means test?
A:
A:
A:
Procedure for Application
Q28: How does a person apply for legal aid?
A: By attending an LAC with all relevant documents and undergoing an interview.
Q29: How long does the qualification decision take?
A: Up to one month from the date of application.
Q30: What fees must successful applicants pay?
A:
Introduction
Q1: Why is the government-funded legal aid scheme considered limited in criminal matters?
A: Because it focuses mainly on civil cases and allows criminal legal aid only in three specific situations listed in the Second Schedule of the Legal Aid Act.
Q2: What are the three criminal situations where government legal aid is available?
A:
- Cases where an unrepresented accused pleads guilty and needs help presenting a mitigation plea.
- Cases under the Child Act 2001 (Act 611).
- Cases under the Minor Offences Act 1955 (Act 336).
Introduction to the Bar Council-Funded Legal Aid Scheme
Q3: What is one of the objectives of the Malaysian Bar under the Legal Profession Act 1976?
A: To establish or support schemes that allow financially disadvantaged persons to be represented by advocates and solicitors (s.42(1)(h)).
Q4: Why did the Bar Council initiate its own legal aid scheme?
A:
- To help the poor who could not afford legal services.
- Because the government scheme offered only limited criminal legal aid.
A: By forming a subcommittee and working with the Biro Bantuan Guaman (BBG) and the Faculty of Law, University of Malaya to design a programme that would:
- Supplement government legal aid,
- Assist low-income communities, and
- Provide practical legal training for chambering students.
A: 2 August 1982.
Q7: How is the Bar Council legal aid scheme funded today?
A: It is fully financed by the legal profession. Each Malaysian Bar member contributes RM100 annually and must handle at least one legal aid case per year when required.
16.8.3 The Legal Aid Centres (LACs)
Q8: Where are Legal Aid Centres located?
A: In the capital city of each state in Peninsular Malaysia. None exist in Sabah or Sarawak because the Legal Profession Act 1976 does not apply there.
Q9: Who runs the LACs?
A: Volunteer legal practitioners, assisted by full-time administrative staff and chambering students.
Q10: What roles do volunteer lawyers perform?
A:
- Panel lawyers: Serve at least once a month, giving legal counselling and assistance.
- Panel consultants: Provide legal representation in two cases per year, usually in their area of expertise.
A: They complete two weeks of training at the LAC, gaining experience by assisting lawyers, including preparing mitigation pleas.
Scope of Legal Aid Under the Bar Council Scheme
Q12: What services does the Kuala Lumpur LAC provide?
A:
- Free legal advice,
- Legal aid and representation in court,
- Legal awareness and education programmes.
A: Yes, it covers both, including matters under civil law and Islamic law.
Legal Advice
Q14: Is legal advice given for free?
A: Yes, all legal advice is provided free of charge.
Q15: What issues commonly receive legal advice?
A:
- Criminal matters (e.g., bail applications),
- Family and matrimonial issues (civil and Syariah),
- Consumer, housing, and tenancy matters,
- Employment and labour issues,
- Constitutional and immigration concerns (e.g., citizenship, passport, IC problems).
Criminal Proceedings
Q16: How extensive is criminal legal aid under the Bar Council scheme?
A: It is almost comprehensive, covering most criminal matters except cases involving the death penalty or life imprisonment.
Q17: Who provides aid for capital and life-sentence cases?
A: The government provides legal representation for such cases.
16.8.4.3 Civil Proceedings
Q18: What civil matters are covered?
A: Family disputes, consumer issues, tenancy and housing matters, employment matters, and public interest litigation.
Q19: What civil matters are excluded?
A:
- Motor accident compensation claims,
- Conveyancing,
- Debt collection,
- Defamation,
- Probate and estate administration.
16.8.4.4 Legal Awareness and Education Programme
Q20: What educational initiatives have the LACs carried out?
A: In the late 1990s, a nationwide legal awareness campaign distributed thousands of legal information leaflets to the public.
Q21: Did the LAC participate in any major public interest case?
A: Yes, including the Sagong bin Tasi (2002) case, concerning land rights of the Temuan Orang Asli.
16.8.4.5 Other Programmes
Q22: What additional programmes are provided by the KL LAC?
A:
- Dock Brief Programme: On-the-spot advice and representation in Magistrates’ Courts (mitigation, bail, remand).
- Prison/Juvenile Homes Programme: Free legal help for detainees and juveniles.
A:
- AWAM
- WAO
- SIS
- Pink Triangle Foundation
- Tenaganita Migrant Workers Clinic
- UNHCR
Eligibility for Legal Aid and Representation
Q24: Who qualifies for Bar Council legal aid?
A: Only applicants who pass a means test designed to assess financial hardship.
Q25: What are the two components of the means test?
A:
- Disposable monthly income test,
- Disposable capital test.
A:
- Single person: RM650 maximum.
- Married couple: RM900 maximum.
A:
- House: RM45,000
- Car: RM10,000
- Motorcycle: RM4,500
- Savings: RM5,000
Procedure for Application
Q28: How does a person apply for legal aid?
A: By attending an LAC with all relevant documents and undergoing an interview.
Q29: How long does the qualification decision take?
A: Up to one month from the date of application.
Q30: What fees must successful applicants pay?
A:
- RM20 administrative fee, and
- Actual out-of-pocket expenses (e.g., photocopying, transport).
No professional legal fees are charged.
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