KUALA LUMPUR, Oct 30 — Findings from studies done on the proposed Public Defender’s Act to empower criminal cases legal aid services for the less privileged are expected to be completed by the end of the year. 

Currently, the committee formed to oversee the proposed act is conducting a comparative study of the legal framework for public defence in selected countries such as Singapore, Australia, New Zealand, Taiwan, and the United Kingdom, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.

“It takes into account the main input based on the legal framework and best practices in foreign countries related to public defence, the implications for holistic legal aid services, and the impact on existing laws in Malaysia, especially the Legal Aid Act 1971 (Act 26) and the Legal Profession Act 1976 (Act 166).

“This study is expected to formulate a new government approach and policy if the government is committed to creating a Public Defender’s Act,” she said when winding up the Supply Bill 2024 debate at the policy level for the ministry at the Dewan Rakyat today.

On Feb 24, Prime Minister Datuk Seri Anwar Ibrahim, when presenting the revised Budget 2023, announced that the government will closely examine an initiative to enact a special Act to provide free legal aid for criminal cases to the less privileged.

In this regard, Azalina stated that the Mobile Court initiative for civil cases will be expanded to facilitate people in obtaining court services, making access to justice available to all. 

In addition, she said the roles of the Judicial Academy and the Syariah Judicial Academy would be strengthened to provide more structured and effective training for court judges.

Separately, Azalina also said that the government does not rule out the possibility of amending the Official Secrets Act 1972 (Act 88) before presenting the Freedom of Information Act.

This is to allow whistleblowers to have broader protection, as the tabling of the Act cannot be rushed, she pointed out. 

…as for the Freedom of Information Act, amendments are necessary, but if it cannot be presented this year, InshaAllah, it will be presented next year.

“The Freedom of Information Act is very important because it needs to be looked into together with the Official Secrets Act 1972, so it requires a balancing act. The Official Secrets Act may be amended to ensure that the Whistleblower Act has a broader scope,” she said.

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