Legal aid and advice in criminal matters will be given to all Malaysian citizens during the following stages: arrest, remand hearing, charge and bail application. In order to receive representation at the hearing stage the accused person must satisfy the means test. Those who qualify to receive legal aid at the hearing stage are those who’s earning:
- does not exceed RM 25,000 per annum (they will not be charged anything).
- is more than RM 25,000 but does not exceed RM 36,000 per annum (they will be charged nominal fees to be determined by the NLAF)
Depending on the means test, those accused of all types of criminal offences can qualify to receive legal aid, except those who are charged with capital offences.