3.  Appointed byYDPA on the advice of
 the prime Minister,
 a person who is qualified to be a judge of the
FederalCourt
 advise theYDPA or the Cabinet or any
Minister upon such legal matters, and to
perform such other duties of a legal
character, as may from time to time be
referred or assigned to him.
 Can be invited to Parliament to give advice

4.  A number of divisions:
 Civil
 Prosecution
 Advisory
 International affairs
 Drafting
 Law reform
 Officers: FederalCounsel, Senior Federal
Counsel, Deputy Public Prosecutor

5.  A 145(3) FC
 shall have power, exercisable at his
 discretion, to institute, conduct or
discontinue any proceedings for an offence,
other than proceedings before a Syariah
court, a native court or a court-martial.
 His absolute discretion

6.  S 376(1) Criminal Procedure Code:
 AG shall be the Public Prosecutor
 S 376(3) allows AG to appoint DPP who shall
be under the control of PP.

8. LEGAL AID DEPARTMENT
(run by the government)
LEGAL AID provided by the Bar Council

9.  Run by the State
 Funding by government
 To assist people who cannot afford the cost
of legal advice and action
 Registration fee RM 2.00

10.  Apply the means test
 Financial resources:
 Does not exceed RM 25000 per annum
 Does not exceed RM 30000 per annum
 Qualified but have to contribute RM 300
 Income more than RM 30000  not qualified

11.  Income minus expenditure.
 Expenditure includes: rental, utility bills,
medical bills, personal expenses, monies
given to support parents/family etc.
 Must provide proof of income and expenses.

12.  Bar Council lawyers provide their services for
free.
 Also subject to the means test.

15.  One of the requirements to be admitted to
the Bar.
 Completed pupillage with a master having at
least 7 years standing in practice as an
Advocate and Solicitor.
 Chambering period: 9 months.

16.  S35. (1) LPA 1976
 Any advocate and solicitor shall, subject to
this Act and any other written law, have the
exclusive right to appear and plead in all
Courts of Justice in Malaysia according to the
law in force in those Courts.
 However, to practice, he must have his name
on the Roll and a valid practicing certificate,
or else he will be committing an offence.

17.  S 36. (1) Subject to this section, no person
shall practise as an advocate and solicitor or
do any act as an advocate and solicitor unless
his name is on the Roll and he has a valid
practising certificate authorizing him to do
the act; a person who is not so qualified is in
this Act referred to as an “unauthorized
person”

18.  S 37
 An “unauthorized person”
 shall be guilty of an offence and shall on
conviction be liable to a fine not exceeding
two thousand five hundred ringgit or to
imprisonment for a term not exceeding six
months or to both

20.  Peguam Syarie Rules 1993 (FederalTerritories)
 Rule 10:
 A person may be admitted to be a Peguam Syarie if he-
(a)
 (i) is a Muslim and has passed the final examinations which
leads to the certificate of a bachelor's degree in Syariah from
any university or any Islamic educational institution recognised
by the Government of Malaysia; or
 (ii) is a Muslim member of the judicial and legal service of the
Federation; or
 (iii) is a Muslim advocate and solicitor enrolled under the Legal
Profession Act 1976; or
 (iv) has served as a Syariah Judge or as a Kathi with any State
Government in Malaysia for a period of not less than seven
years;

21.  (b) has attained the age of twenty-one years;
 (c) is of good behaviour and-
 (i) has never been convicted in Malaysia or in any
other place of any criminal offence;
 (ii) has never been adjudged a bankrupt;
 (d) is a Malaysian citizen; and
 (e) as an advocate and solicitor, has passed
the Sijil Peguam Syarie examination.

22.  Applicant’s application to be a peguam syarie
was denied by the Peguam Syarie Committee
on the grounds that the applicant did not
fulfill the qualification, i.e. the applicant was
not a person who professed Islam.

24.  Alternative Dispute Resolution ("ADR") refers
to any means of settling disputes outside of
the courtroom.
 ADR typically includes negotiation,
conciliation, mediation, and arbitration.
 Widely accepted alternative to the formal
legal process.

25.  A neutral third party (mediator/conciliator)
will assist the parties in reaching a settlement
(facilitative approach).
 Generally, the mediator has no power to
compel or even recommend a resolution or
settlement.
 The process works because the parties are
given the power and obligation to seek
solutions that meet their own needs and
interests.

26.  May be opted for in a wide range of subject
matters eg, civil and commercial disputes,
matrimonial, personal injury, environmental
and labour disputes, among others.

27.  Conciliation in Industrial Relations
Department.
 Conciliation in marital disputes – conciliatory
body

28.  A means by which parties to a dispute get the
same settled through the intervention of a
third person but without having recourse to a
court of law.
 When two persons agree to have their
differences settles through arbitration, the
actual decision of the dispute will rest with a
third person called an ‘arbitrator’.

29.  save a lot of time by allowing resolution in weeks or
months, compared to court, which can take years.
 save a lot of money, including fees for lawyers and
experts, and work time lost.
 put the parties in control (instead of their lawyers or
the court) by giving them an opportunity to tell their
side of the story and have a say in the final decision.
 may choose to have a mediator who is an expert in
the area related to the dispute.
 Private setting or ‘behind closed doors’ preserved
secrecy and confidentiality of information.

30.  focus on the issues that are important to the
people in dispute instead of just their legal rights
and obligations.
 Flexibility of process that suits the needs and
requirements of the parties.
 help the people involved come up with flexible
and creative options by exploring what each of
them wants to achieve and why.
 preserve relationships by helping people co-
operate instead of creating one winner and one
loser e.g. in marital or labour disputes.