Yayasan Bantuan Guaman Kebangsaan .. YBGK

150 Views  •  Asked 4 Months Ago
asked on Oct 11, 2023 at 17:30
edited on Oct 11, 2023 at 17:31
by   jeff005
Prisons’ Program is a program where Pupils are assigned to prisons to conduct interviews with prisoners, assisting them to see to their needs and also to refer them to the correct channel should the prisoners need legal assistance.

This program enables public that need YBGK help to walk-in to the Legal Aid Centre to seek for assistance. There are pupils stationed at the Legal Aid Centres daily to interview the clients, assisting them to see their needs and also to refer them to the correct channel should the prisoners need legal assistance.

Under this program, person being arrested (OYDS) will be given legal representation by the YBGK lawyers who are on duty. During arrest, the OYDS will be interviewed as to the time and place of arrest and he will be advised on his rights upon arrest.

OYDS who are detained for a period of time pending police investigation is said to be under remand. YBGK lawyers will be provided for OYDS who require representation during remand hearing either to reduce number of remand days or to reject the remand application.

Bail is the temporary release before trial of a person charged with criminal offence (accused), or when a person pleads guilty but the supporting documents are not ready. The bail is given to ensure that the accused will attend court at his trial to answer the charges against him. YBGK lawyers will be assigned to assist the accused with the bail application in magistrate courts and upon request at other courts.

When an accused has been found guilty after trial and before sentence is passed, he has a right to be heard in mitigation of the offence he is accused of to obtain a lighter sentence. The accused or his/her family can approach the YBGK requesting for assistance of a YBGK lawyer to help mitigate the case.

An accused who does not plead guilty to the offence he is accused of is said to be claiming trial. During this process, the accused need to be represented by a lawyer to help him defend the case. Accused who needs free legal representation at trial stage can inform the court of such, walk in to YBGK if they are on bail or inform their family members to approach YBGK to seek for assistance. A means test will be applied and only those whose income does not exceed RM36, 000 per year will be entitled to receive legal aid.

When the accused or the Public Prosecutor is not satisfied with the outcome of the case, either on the decision or the sentence, they can appeal the case to a higher court. YBGK lawyers will be provided to those who need a lawyer to represent them at the appeal stage. While an appeal by the accused will only be assisted after going through the merits and decision of the case, an appeal by the PP/DPP will most often than not be given representation.

Unlike the other representations provided by YBGK, pardons petition is an assistance to write a petition for death row convicts who have exhausted all levels of appeal. This is a plea by the accused to the Monarch to pardon them by commuting their death sentence to life imprisonment or to reduce the duration of imprisonment.

© 2017 Bar Council Legal Aid Centre (KL). All Rights Reserved.

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