15 Legal Aid

Question 1

Article 7 of UDHR

Answer 1

All are equal before the law and are entitled to without any discrimination to equal protection of the law.

Question 2

FC equivalent of Article 7 UDHR

Answer 2

Article 8(1) of FC - All persons are equal before the law and entitled to equal protection of the law.

There must be unrestricted access to justice or access to the courts.

Question 3

Issues related to legal aid

Answer 3

• Lack of knowledge and high cost for marginalised community
• Cost of engaging a legal practitioner can be prohibitive
• Fees payable to counsel, court fees and other party’s cost

Question 4

Main providers of legal aid in Malaysia (3)

Answer 4

• Legal Aid Department (Jabatan Bantuan Guaman) under the PM’s department
• Bar Council Legal Aid Programme (legal aid centres)
• National Legal Aid Foundation (Yayasan Bantuan Guaman Kebangsaan or YBGK)

Question 5

Legal Aid Department

Answer 5

• A gov department under Bahagian Hal Ehwal Undang-undang, Jabatan PM (Legal Affairs Division, PM’s Department)
• Provides legal aid services to eligible person in accordance with the Legal Aid Act 1971

Question 6

Objectives of LAD (2)

Answer 6

• Provide legal assistance, advice and mediation services to those who could not afford
• Promote legal awareness to the public efficiently, accurately and efficiently

Question 7

Functions of LAD (4)

Answer 7

• To give legal advice on all legal matters
• To represent in criminal, civil and Syariah proceedings
• To provide mediation service
• To promote legal companion services

Question 8

Eligibility for LAD

Answer 8

• Contained in Legal Aid Act 1971
• Means test and Merits test

Question 9

Means test

Answer 9

• To gauge the financial status of applicants
• Not the sole determinant of an applicant’s eligibility for legal aid