PETALING JAYA: Lawyers who previously provided free legal aid services will be remunerated once the Legal Aid and Public Defence Act comes into force.
This comes following the transition of the National Legal Aid Foundation (YBGK) to the Legal Aid Department (JBG).
In a recent circular to its members, the Malaysian Bar said the Act introduces a new framework for the delivery of legal aid and public defence services under JBG, where work carried out by panel lawyers will be remunerated.
However, the applicable rates and payment structures have yet to be finalised or announced.
Under the new Act, the panel of lawyers will be divided into two categories – the JBG panel lawyers and public defence panel lawyers.
“We note that the department has commenced a series of nationwide briefings to introduce the new Act, including the framework for the management and appointment of panel lawyers, as well as the implementation of the legal aid and public defence system,” it said while expecting the law to come into force this year.
“These briefings are also intended to encourage members to participate as panel lawyers under the new Act.”
The Legal Aid and Public Defence Bill was passed in the Dewan Rakyat last year.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said had told the Dewan Rakyat that the YBGK will be absorbed by the JBG under the office of the chief public defender and that the government will settle outstanding fees owed to lawyers who have served under the YBGK scheme.
The law also introduces two new positions, namely, chief public defender and public defence officer.
YBGK is a comprehensive legal aid scheme that funds lawyers to do legal aid work in criminal matters. Under this scheme, free legal assistance is provided to all Malaysians at the police station, at remand hearings and when they are charged in court, irrespective of their financial means.
The government has pumped in about RM100mil into YBGK between 2011 and 2024 to cover payments for legal services provided by the foundation and its operational costs.
Between 2012 and 2024, YBGK lawyers have represented over 2.5 million cases involving arrest, remand proceedings, charges and trials in the criminal courts.
