LEGAL AID AND PUBLIC DEFENCE ACT 2026

Legal Aid and Public Defence LAWS OF MALAYSIA Act 878 LEGAL AID AND PUBLIC DEFENCE ACT 2026 1 2 Laws of Malaysia Act 878 Date of Royal Assent ... ... 3 February 2026 Date of publication in the Gazette ... ... 13 February 2026 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Legal Aid and Public Defence 3 LAWS OF MALAYSIA Act 878 LEGAL AID AND PUBLIC DEFENCE ACT 2026 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II ADMINISTRATION Chapter 1 Appointment 3. Appointment of Director General, Deputy Director General and other officers 4. Appointment of Chief Public Defender and public defender officer 5. Directive of Director General 6. Overall supervision by Minister Chapter 2 Panel of solicitors 7. Panels of solicitors for legal aid 8. Panels of solicitors for public defence services 9. Payment for assigned solicitor 10. Removal of name of solicitor from panel of solicitors 11. Disciplinary committee for solicitor 12. Legal aid or public defence services cannot be terminated without permission 4 Laws of Malaysia Act 878 Chapter 3 Fee for legal aid services and public defence services Section 13. Fee for legal aid services and public defence services Chapter 4 Trust account 14. Trust account Part III LEGAL AID SERVICES Chapter 1 Legal aid services 15. Legal aid services Chapter 2 Legal advice 16. Scope of legal advice services 17. Application for legal advice services 18. Manner of giving legal advice 19. Contribution for legal advice services Chapter 3 Legal aid in civil and syariah proceedings 20. Scope of legal aid in civil and syariah proceedings 21. Application for legal aid in civil and syariah proceedings 22. Power of Director General to investigate 23. Issuance of legal aid certificate in civil and syariah proceedings 24. Legal aid certificate for all causes of action in syariah proceedings Legal Aid and Public Defence 5 Section 25. Additional powers to issue legal aid certificate in civil and syariah proceedings 26. Issuance of legal aid certificate after obtaining authorization of Minister in civil and syariah proceedings 27. Contribution from aided person after obtaining legal aid certificate for civil and syariah proceedings 28. Record and filing of legal aid certificate in civil and syariah proceedings 29. Revocation of certificate in civil and syariah proceedings 30. Advances for unexpected expenses in civil and syariah proceedings 31. Cost 32. Stay of proceedings upon making application for legal aid 33. Appeal of aided person against decision of court 34. Appeal against decision of court by person other than aided person 35. New application for legal aid at appeal stage Chapter 4 Legal companion services 36. Scope of legal companion services 37. Purpose of legal companion services 38. Application for legal companion services 39. Issuance of legal aid certificate for legal companion services 40. Contribution from aided person after obtaining legal aid certificate for legal companion services 41. Record and filing of legal aid certificate for legal companion services 42. Revocation of legal aid certificate for legal companion services Chapter 5 Mediation 43. Scope of mediation services 44. Application for mediation services 45. Reference to mediation by Director General 46. Mediator 6 Laws of Malaysia Act 878 Section 47. Manner of conducting mediation 48. Mediation to be voluntary 49. Confidential communication with mediator 50. Settlement or agreement to be reduced into writing 51. Mediation through remote communication technology Part IV PUBLIC DEFENCE SERVICES 52. Scope of public defence services 53. Application for public defence services 54. Issuance of public defence certificate 55. Issuance of public defence certificate after obtaining authorization of Minister 56. Limitation of public defence services 57. Record and filing of public defence certificate 58. Revocation of public defence certificate 59. Advances for unexpected expenses in criminal proceedings 60. Appeal of aided accused against decision of court 61. Appeal against decision of court by Public Prosecutor Part V GENERAL 62. Use of electronic service 63. False or misleading statement, etc. 64. Court order for costs against aided person or aided accused 65. Privileged communications 66. Duty to avoid conflict of interest 67. Finality of decisions 68. Public servant 69. Application of Public Authorities Protection Act 1948 Legal Aid and Public Defence Section 70. Protection against suit and legal proceedings 71. Power to suspend 72. Power to amend Schedule 73. Power to make regulations Part VI REPEAL, SAVING AND TRANSITIONAL 74. Repeal 75. Person holding office, etc. 76. Transfer of powers, rights, duties, etc. 77. Transfer of moneys in trust account 78. Contributions, etc. 79. Application for legal aid 80. Continuance of legal aid 81. Continuance of legal aid certificate 82. Continuance of panel of solicitors 83. Continuance of decisions, etc. First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule 7 8 Laws of Malaysia Act 878 9 Legal Aid and Public Defence LAWS OF MALAYSIA Act 878 LEGAL AID AND PUBLIC DEFENCE ACT 2026 An Act to enhance legal aid services in Malaysia by providing for matters for the grant of legal aid and public defence services to certain persons, to provide for the appointment of the Director General of Legal Aid and other officers in relation to the provision of legal aid services to aided persons, and the appointment of the Chief Public Defender and public defender officers in relation to the provision of public defence services to the aided accused and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Legal Aid and Public Defence Act 2026. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different parts or provisions of this Act. 10 Laws of Malaysia Act 878 Interpretation 2. In this Act, unless the context otherwise requires— “trust account” means a trust account referred to in section 14; “legal aid” means legal aid services as specified in section 15; “judge” means— (a) a judge of a court established by Part IX of the Federal Constitution and includes a Sessions Court Judge or a Magistrate; or (b) a judge of a Syariah Subordinate Court, Syariah High Court, Syariah Court of Appeal or Syariah Supreme Court; “child” has the meaning assigned to it in the Child Act 2001 [Act 611]; “Chief Public Defender” means the Chief Public Defender appointed under subsection 4(1); “Director General” means the Director General of Legal Aid appointed under subsection 3(1); “public defence services” means public defence services pursuant to Part IV; “advocacy costs” means the costs which the Director General is entitled to receive from the aided person or aided accused for any legal action to be taken and any expenses incurred in carrying out any advocacy matter arising in any proceedings conducted in any court; “court” means— (a) a court established under Part IX of the Federal Constitution; and (b) the Syariah Subordinate Court, the Syariah High Court, the Syariah Court of Appeal or the Syariah Supreme Court; Legal Aid and Public Defence 11 “Minister” means the Minister charged with the responsibility for legal affairs and legal aid; “aided person” means— (a) a person who has been given a legal aid certificate under Chapter 3 or 4 of Part III; or (b) a person who has been given legal aid services under Chapter 2 or 5 of Part III; “panel of solicitors” means a panel of solicitors under section 7 or 8; “public defender officer” means a public defender officer appointed under subsection 4(1); “appointed officer” means an officer appointed under subsection 3(1); “solicitor” means— (a) for the purposes of civil and criminal courts, an advocate and solicitor of the High Court admitted and enrolled under the Legal Profession Act 1976 [Act 166] or under any relevant written law; and (b) for the purposes of syariah courts, a Peguam Syarie who has been admitted as a Peguam Syarie in the Syariah High Court in the Federal Territories or any relevant States, and registered under the Syarie Legal Profession (Federal Territories) Act 2019 [Act 814] or any relevant State enactment in relation to the syarie legal profession; “assigned solicitor” means a solicitor from the panel of solicitors who is assigned to act on behalf of the Director General or the Chief Public Defender; “mediator” means any person appointed under section 46; 12 Laws of Malaysia Act 878 “guardian” in relation to a child, shall include any person whom the Director General considers appropriate to be appointed as a litigation representative, next friend or guardian ad litem of the child for the purposes of legal actions and proceedings conducted by the Director General for the benefit of the child; “electronic service” means electronic service provided by the Director General under section 62; “remote communication technology” means a live video link, a live television link or any other electronic means of communication; “aided accused” means a person who has been given a public defence certificate under Part IV; “Deputy Director General” means the Deputy Director General of Legal Aid appointed under subsection 3(1). Part II ADMINISTRATION Chapter 1 Appointment Appointment of Director General, Deputy Director General and other officers 3. (1) The Minister may appoint any person as a Director General, and such number of Deputy Directors General and such other officers as may be considered necessary or expedient for the purposes of this Act and who shall carry such designation as the Minister may determine. (2) A person appointed as a Director General under subsection (1) shall have an academic qualification in the field of law recognized by the Government and shall have the practical skills, knowledge and experience in advocacy and litigation. Legal Aid and Public Defence 13 (3) The Director General shall devote the whole of his professional time as the Director General and while holding office shall not occupy any other office or employment whether remunerated or not. (4) The Director General shall have the general supervision and directions of all matters relating to legal aid and public defence services throughout Malaysia. (5) Notwithstanding any provision of written law to the contrary, the Director General, Deputy Directors General and every officer appointed under subsection (1) shall be entitled, for the purposes of this Act, to appear and plead in all courts in Malaysia. (6) For the purposes of this Act, every officer appointed under subsection (1) shall— (a) be subjected to the general supervision and directions of the Director General; and (b) have and exercise all the powers conferred on the Director General under this Act other than the powers specifically conferred on the Director General in relation to— (i) the assignment of a panel of solicitors for civil and syariah proceedings; and (ii) the filing and handling of appeals under sections 33, 34 and 35. (7) The Director General, Deputy Directors General or any officer appointed under subsection (1) who is not a member of the public service, shall receive remuneration as