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Philosophy Of Legal Aid In Malaysia

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PHILOSOPHY OF LEGAL AID Generally speaking, the legal aid has becoming a facility created due to the existence of international human right law and our municipal law of Malaysia. The concept of legal aid has been established under the principal of human rights. Referring to Article 7 of the Universal Declaration of Human Rights, it is stated “all are equal before the law and are entitled without any discrimination to equal protection of the law”. Similarly, Article 8 of the Malaysian Constitution has stated that “all persons are equal before the law and entitled to the equal protection of the law”. These two articles contain same essence of importance of equal protection of the law as a person.
DEFINITION OF LEGAL AID
Legal Aid has been …show more content…

The purpose of enforcement of Legal Aid Act 971 is to grant legal aid to certain person for matters connected to it. The Legal Aid Act 1971 has been come in force on 24 April 1971 as the governing law. Besides, the administration of legal aid is governed by the Legal Aid and Advice Regulations 1970 and the Legal Aid (Mediation) Regulations 2006.In addition, Legal Profession Act 1976 governs on several matters of legal aid that will be discussed in detail later.
LEGAL AID IN MALAYSIA
Generally speaking, there are two legal bodies which provide service of legal aid to a person who unable to afford a representative to appear before the court. Firstly, legal aid held under government which is known as Legal Aid Bureau. Secondly, legal aid held under Bar Council known as Legal Aid Centre. The purpose of both organization leads to one same objective which to help people solve their cases without any cost incurred.
LEGAL AID BUREAU
Historical …show more content…

Basically, Legal Aid Department originally can give legal aid in term of litigation in three different cases namely as civil jurisdiction, syariah jurisdiction and criminal jurisdiction. Firstly, according to Section 12(1) of Legal Aid Act 1971, a legal aid can be granted in civil action as prescribe Third Schedule of legal order of the act. According to the schedule, there are 19 matters which are covered by the act in civil matters such as consumer claims, maintenance order and its enforcement divorce and custody proceeding, applications for Probate and Letters of Administration and accidents involving motor vehicles . Secondly, it is provided under such schedule, a legal advice service can be granted in matter of syariah proceeding involving custody, divorce, betrothal, maintenance, custody, divorce, harta sepencarian, mutaah, gifts and marital debt . Thirdly, a legal aid can be granted in the criminal cases such as mitigation process in criminal proceeding, criminal proceedings under the Child Protection Act 1991 and criminal proceedings under the Minor Offences Act 1955 . Therefore, legal aid service can be given to a class of people mentioned earlier subjected to its jurisdiction in civil, syariah and criminal proceedings prescribe in the

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