Litigation

Criminal, Civil and Syariah Proceedings


LAD also provides legal aid services with regard to any court proceeding to an eligible person under the Legal Aid Act 1971.
The schedule below shows the eligibility limit of aided person in criminal, civil and syariah proceedings, the fees and its related contribution:-

Category Financial Resources Registration fee Contribution
First RM30,000 per annum and below RM10 -
Second RM30,001 to RM35,000 per annum RM10 RM500 – RM2,000
Third RM35,001 to RM40,000 per annum RM10 RM2,001– RM3,000
Fourth RM40,001 to RM50,000 per annum RM10 RM3,001– RM5,000
Fifth

Exceed RM50,000 per annum (with Minister’s approval)

RM10 RM5,001– RM50,000

*Terms and conditions apply

 

i) Criminal Proceedings

Legal aid in criminal cases is as stated in the Second Schedule of the Act that includes:

  1. All criminal proceedings in which the accused not being represented by counsel pleads guilty to the charge or charges and wishes to make a plea in mitigation in respect thereof.
  2. Criminal proceedings under the Child Act 2001 [Act 611]; and
  3. Criminal proceedings under the Minor Offences Act 1955 [Act 336]

 

ii) Civil Proceedings

Legal aid in civil action is as stated in the Third Schedule of the Legal Aid Act 1971 which covers both family matters and civil actions.

Civil cases include proceedings in relation to:

  1. Proceedings under the Married Women and Children (Maintenance) Act 1950 [Act 263]
  2. Proceedings under the Maintenance Ordinance 1959 (Sabah No.7 of 1959)
  3. Proceedings under the Sarawak Customary Marriages (Maintenance) Ordinance 2003 (Cap. 55)
  4. Proceedings under the Maintenance Orders (Facilities for Enforcement) Act 1949 [Act 34] for a provisional order
  5. Proceedings under the Married Women and Children (Enforcement of Maintenance) Act 1968 [Act 356]
  6. Rights and liabilities in respect of proceedings for divorce and custody
  7. Rights and liabilities under the Adoption Act 1952 [Act 257]
  8. Rights and liabilities under the Adoption Ordinance 1960 (Sabah No. 23 of 1960)
  9. Proceedings under the Sarawak Adoption Ordinance (Cap. 91)
  10. Rights and liabilities under the Small Estates (Distribution) Act 1955 [Act 98]
  11. Applications for Probate and Letters of Administration
  12. Rights and liabilities under the Probate and Administration Ordinance 1947 Sabah (Cap. 109)
  13. Rights and liabilities under the Sarawak Administration of Estate Ordinance (Cap. 80)
  14. Rights and liabilities under the Padi Cultivators (Control of Rent and Security of Tenure) Act 1967 [Act 528]
  15. Rights and liabilities in respect of civil action for damages arising from accidents involving motor vehicles within the meaning of the Road Transport Act 1987 [Act 333]
  16. Rights and liabilities under the Moneylenders Act 1951 [Act 400]
  17. Rights and liabilities in respect of proceedings relating to tenancy
  18. Rights and liabilities under the Hire-Purchase Act 1967 [Act 212]
  19. Consumer claims

iii) Syariah Proceedings

Syariah cases include proceedings in relation to:

  1. Proceedings relating to betrothal (damages), maintenance, custody, divorce, marital debt, mutaah and harta sepencarian
  2. Proceedings relating to gifts inter vivos (hibah) and will.