Akta Bantuan Guaman dan Pembelaan Awam 2026
Applies to: Federal Act — see s 17 (Application for legal advice services) · Official text ↗
- Defines key terms such as 'legal aid', 'public defence services', 'aided person', and 'aided accused' (s 2).
- Specifies that legal aid services include legal advice, civil/shariah proceedings, legal companion services, and mediation (s 15(1)).
- Restricts legal aid services to citizens of Malaysia, with exceptions allowed by the Minister in the interests of justice (s 15(2)).
- Outlines the process for applying for legal advice, civil/shariah legal aid, and public defence services (ss 17, 21, 53).
- Details the issuance and revocation of legal aid and public defence certificates (ss 23, 29, 54, 58).
- Establishes that decisions by the Director General or Chief Public Defender can be appealed to the Minister, whose decision is final (s 67).
- A new Act: it comes into operation on dates appointed by the Minister by notification in the Gazette, possibly different dates for different parts (s 1(2)) — check with the Legal Aid Department whether the part you need is in force
What this law is
The Legal Aid and Public Defence Act 2026 (Akta Bantuan Guaman dan Pembelaan Awam 2026) is numbered Act 878 in the Laws of Malaysia. Where it applies is set out in section 17 (Application for legal advice services).
Its long title, as printed in the official text: 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.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–2)
- Part II — Administration (ss 3–14)
- Part III — Legal aid services (ss 15–51)
- Part IV — Public defence services (ss 52–61)
- Part V — General (ss 62–73)
- Part VI — Repeal, saving and transitional (ss 74–83)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Application for public defence services | within a period of fourteen days | s 53(3) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Making false or misleading statements, failing to disclose financial ability, or failing to inform of changes in means | fine not exceeding ten thousand ringgit or imprisonment for a period not exceeding two years or to both | s 63 |
Laws cited on this page
| Act 878 | Legal Aid and Public Defence Act 2026 Akta Bantuan Guaman dan Pembelaan Awam 2026 | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 1 | The Act is called the Legal Aid and Public Defence Act 2026 and comes into force on a date appointed by the Minister, which may differ for different parts of the Act. |
| s 2 | This section defines key terms used in the Act, including 'legal aid', 'public defence services', 'aided person', 'aided accused', and 'solicitor'. |
| s 15 | Legal aid services consist of legal advice, legal aid in civil and syariah proceedings, legal companion services, and mediation services, and are generally available only to Malaysian citizens. |
| s 17 | A person wishing to obtain legal advice must apply to the Director General, and if the applicant is a child, the application must be made by their parents or guardian. |
| s 21 | A person requiring legal aid in civil or syariah proceedings must apply to the Director General, and if the applicant is a child, the application must be made by their parents or guardian. |
| s 23 | The Director General may issue a legal aid certificate if the applicant has reasonable grounds for the proceedings and meets the criteria and means test prescribed by the Minister. |
| s 29 | The Director General may revoke a legal aid certificate, and the revocation is effective from the date the aided person receives the notice or the date the notice is filed in court. |
| s 52 | Public defence services may be provided in criminal proceedings specified in the Fourth Schedule, or in other cases if the Minister authorizes it in the interest of justice. |
| s 53 | An application for public defence services must be made to the Chief Public Defender within fourteen days of specific events, such as the case being transferred to the High Court or after conviction. |
| s 54 | The Chief Public Defender may issue a public defence certificate if the applicant has reasonable grounds, meets the criteria and means test, and the offence is within the scope of public defence services. |
| s 58 | The Chief Public Defender may revoke a public defence certificate, and the revocation is effective from the date the aided accused receives the notice or the date the notice is filed in court. |
| s 63 | A person who makes false statements, fails to disclose financial ability, or fails to inform of changes in means commits an offence and may be fined or imprisoned. |
| s 67 | Decisions by the Director General or Chief Public Defender regarding legal aid or public defence services can be appealed to the Minister, whose decision is final. |
Worked examples
Facts. Ahmad, a Malaysian citizen, needs legal advice for a civil dispute. He applies to the Director General with the required documents.
The law. An application for legal advice services must be made to the Director General (s 17(1)). The Director General may approve the provision of legal advice (s 17(3)).
Outcome. If approved, Ahmad will be advised by the Director General or an assigned solicitor (s 17(4)).
Facts. Siti, a 15-year-old, is charged with an offence. Her parents apply for public defence services on her behalf within fourteen days of the charge.
The law. If the applicant is a child, the application shall be made on behalf of the child by his parents or guardian (s 53(4)). The application must be made within fourteen days after a charge before any court (s 53(3)(b)).
Outcome. If the Chief Public Defender is satisfied with the application, Siti will be issued a public defence certificate (s 54).
Facts. Ravi, an aided person, fails to inform the Director General of a significant increase in his income. The Director General revokes his legal aid certificate.
The law. The Director General may revoke a legal aid certificate (s 29(1)). The revocation is effective from the date the aided person receives the notice (s 29(3)).
Outcome. Ravi ceases to be an aided person from the date he receives the notice of revocation (s 29(6)(a)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who is eligible for legal aid services?
Legal aid services are generally available to citizens of Malaysia (s 15(2)). The Minister may allow non-citizens in special circumstances in the interests of justice (s 15(2)).
What types of legal aid services are provided?
Legal aid services include legal advice, legal aid in civil and syariah proceedings, legal companion services, and mediation services (s 15(1)).
How do I apply for legal advice?
You must apply to the Director General in the manner determined by the Director General (s 17(1)). The application must be accompanied by the required information, particulars, or documents (s 17(2)).
Can my legal aid certificate be revoked?
Yes, the Director General may revoke a legal aid certificate (s 29(1)). The revocation is effective from the date you receive the notice or the date the notice is filed in court (s 29(3), s 29(4)).
What happens if I make a false statement in my application?
You commit an offence and may be fined up to ten thousand ringgit, imprisoned for up to two years, or both (s 63).
Can I appeal a decision to refuse legal aid?
Yes, you may appeal to the Minister, and the Minister's decision is final (s 67).
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Sources
Related
Getting legal helpLegal Aid Act 1971Your rights when arrestedThe criminal process: from police report to verdict