Arif said the current annual income ceiling of RM36,000 – or RM3,000 a month – is too low and excludes many individuals who still struggle to afford legal representation, particularly in cities like Kuala Lumpur where living expenses are high.
“I think if you earn around RM3,500 per month and you get caught and are charged (for any crime), you probably won’t be able to afford a lawyer,” he said at the Malaysian Legal Aid Convention 2025 today.
“If you open a case file, it will cost more than what you earn monthly. So, this (income threshold) should be dynamic.
“I think the means test (to determine if people qualify for the legal aid) should be determined from place to place and according to the circumstances of the case and the applicant.”
Lawyer Sangeet Kaur Deo, who was also a guest speaker at the convention, dismissed the notion that legal aid is a charitable initiative – stressing that legal aid lawyers should not be thought of as “lesser lawyers” or “trainee lawyers”.
Noting that legal aid is crucial for those who have no access to legal services, she was also of the view that the YBGK should not be used as a training ground for lawyers to acquire specific skills before transitioning into legal practice.
Senior lawyer Shafee Abdullah suggested that the Legal Aid and Public Defence Bill 2025, which was passed in August, should properly spell out the powers and duties of the minister to avoid executive interference in cases.
Pointing to the role of the law minister, who is given supervisory powers, the lawyer said the word “supervision” carries within it wide-ranging powers under the law.
Under the bill, the functions of the YBGK will be absorbed by the legal aid department under the office of the chief public defender. The government will also settle outstanding fees owed to lawyers who serve under the YBGK scheme.
The bill repeals the Legal Aid Act 1971 (Act 26) and renames legal aid services in criminal proceedings as a public defence service. It introduces two new roles – the chief public defender and public defence officers, marking a key upgrade in the country’s legal aid framework.