Legal Aid Flashcards
1
Q
Article 7 of UDHR
A
All are equal before the law and are entitled to without any discrimination to equal protection of the law.
2
Q
FC equivalent of Article 7 UDHR
A
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.
3
Q
Issues related to legal aid
A
- 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
4
Q
Main providers of legal aid in Malaysia (3)
A
- 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)
5
Q
Legal Aid Department
A
- 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
6
Q
Objectives of LAD (2)
A
- Provide legal assistance, advice and mediation services to those who could not afford
- Promote legal awareness to the public efficiently, accurately and efficiently
7
Q
Functions of LAD (4)
A
- 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
8
Q
Eligibility for LAD
A
- Contained in Legal Aid Act 1971
- Means test and Merits test
9
Q
Means test
A
- To gauge the financial status of applicants
- Not the sole determinant of an applicant’s eligibility for legal aid
