Public Defenders Act 2022

Sections (28)

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• § 1 — Short title and commencement

  1. This Act is the Public Defenders Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.

• § 10 — Special provisions for application for criminal defence aid for minor

  10.—(1) An application for the grant of criminal defence aid to a minor must be made on behalf of the minor by a guardian of the minor.(2) Where an application is made under subsection (1), a reference in this Act to an applicant for criminal defence aid is to be construed as a reference to the mino

• § 11 — Power of Chief Public Defender to make inquiries, etc.

  11.—(1) Where an application is made for criminal defence aid, the Chief Public Defender may —(a) make any inquiries that the Chief Public Defender considers necessary with respect to the means and other circumstances of the applicant and the merits of the application; (b) require the applicant to

• § 12 — Grant of Aid

  12.—(1) The Chief Public Defender may approve an application for criminal defence aid, and issue a Grant of Aid to an applicant in connection with any proceedings, if —(a) the Chief Public Defender is of the opinion that —(i) the applicant satisfies the prescribed means criteria; or (ii) if the app

• § 13 — Chief Public Defender, public defender or assigned solicitor to act for aided accused person, etc.

  13.—(1) Where a Grant of Aid is issued in connection with any proceedings —(a) the Chief Public Defender or a public defender is to act for the aided accused person; or (b) the Chief Public Defender may assign a solicitor from an appropriate panel of solicitors established under section 4 to act fo

• § 14 — Application for Grant of Aid by more than one accused person in same proceedings, etc.

  14.—(1) This section applies if —(a) an applicant for criminal defence aid or an aided accused person is an accused person, an appellant, a respondent or a party in any proceedings; and (b) any other accused person, appellant, respondent or party in the same proceedings makes an application for cri

• § 15 — Variation of Grant of Aid

  15.—(1) The Chief Public Defender may vary a Grant of Aid in the prescribed circumstances.(2) The Chief Public Defender must take any steps that the Chief Public Defender considers reasonable or necessary to inform the aided accused person of the variation of the Grant of Aid. —(1) The Chief Public

• § 16 — Cancellation of Grant of Aid

  16.—(1) The Chief Public Defender may cancel a Grant of Aid in the prescribed circumstances.(2) Where a court has been notified of a Grant of Aid under section 13 —(a) the Chief Public Defender, a public defender or the assigned solicitor (as the case may be) must notify the court of the cancellatio

• § 17 — Contributions

  17.—(1) The Chief Public Defender may require an individual to make one or more contributions —(a) in a lump sum or by instalments; and (b) by any time specified by the Chief Public Defender (which may be extended by the Chief Public Defender), in respect of any matter for which an application for

• § 18 — Criminal defence aid not to discontinue without permission

  18.—(1) An aided accused person must not discharge a solicitor assigned to act for the aided accused person under this Act without the permission of the Chief Public Defender.(2) Subject to subsection (3), a solicitor assigned to act for an aided accused person must not discontinue the provision of

• § 19 — Court may order payment of costs by aided accused person in certain circumstances

  19.—(1) Where it appears to a court that any of the circumstances mentioned in subsection (2) exists in relation to an aided accused person, the court may order the aided accused person to pay the costs of any of the following persons:(a) the Chief Public Defender and every public defender who acted

• § 2 — Interpretation

  2.—(1) In this Act, unless the context otherwise requires —“aided accused person” means an individual who is issued a Grant of Aid; “assigned solicitor” means a solicitor from an appropriate panel of solicitors established under section 4 who is assigned any matter mentioned in section 4(1)(a) or (

• § 20 — Application by aided accused person for criminal defence aid for criminal appeal, etc.

  20.—(1) Where —(a) any criminal proceedings mentioned in section 12(1)(b)(i) for which a Grant of Aid was issued have concluded in any court; and (b) the aided accused person is or is to be an appellant, an applicant, a respondent or a party, in a criminal appeal or criminal application arising fro

• § 21 — Costs awarded against Chief Public Defender or public defender

  21.—(1) Any costs awarded against the Chief Public Defender or a public defender under the Criminal Procedure Code 2010 are to be paid out of the Consolidated Fund.(2) The Chief Public Defender or a public defender is not personally liable for any costs awarded against him or her. —(1) Any costs aw

• § 22 — Privileges and rights attaching to certain relationships

  22.—(1) The same privileges and rights that arise from the relationship of solicitor and client, when a solicitor acts in the solicitor’s professional capacity and in the course of the solicitor’s professional employment, arise from the following relationships:(a) in relation to an application for c

• § 23 — False or misleading statement, etc.

  23. If an individual who applies for or receives criminal defence aid —(a) knowingly makes any false or misleading statement or representation in the application for criminal defence aid; (b) fails to make full and frank disclosure of the individual’s means; or (c) fails to inform the Chief Public

• § 24 — Rules regulating procedure and practice of court

  24. Where it is necessary or expedient to do so for carrying out or giving effect to this Act —(a) the Criminal Procedure Rules Committee constituted under section 428A of the Criminal Procedure Code 2010 may make rules under section 428A(3) of that Code; or (b) the Minister may make rules under se

• § 25 — Regulations

  25.—(1) The Minister may make regulations necessary or expedient for carrying out or giving effect to this Act.(2) Without limiting subsection (1), the regulations may —(a) regulate all matters relating to fees for solicitors, charges and costs in connection with any work mentioned in section 4(1)(a

• § 26 — Related amendment to Evidence Act 1893

  26. Section 3 of the Evidence Act 1893 is amended by deleting subsection (6) and substituting the following subsection:“(6) For the purposes of sections 23, 128, 130 and 131, a reference to “advocate or solicitor” in those sections includes a reference to the following:(a) any public officer in the

• § 27 — Related amendments to Legal Profession Act 1966

  27.—(1) Section 29(2) of the Legal Profession Act 1966 is amended —(a) by deleting the word “and” at the end of paragraph (e); and (b) by deleting the full‑stop at the end of paragraph (f) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraphs:“(g) the Chief

• § 28 — Related amendments to Singapore Academy of Law Act 1988

  28.—(1) Section 2 of the Singapore Academy of Law Act 1988 is amended by inserting, immediately after the definition of “member”, the following definition:“ “PD Officer” means —(a) the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender appointed under section

• § 3 — Appointment of Chief Public Defender, etc.

  3.—(1) The Minister must appoint a Chief Public Defender who is responsible for carrying out this Act and for the administration of the Public Defender’s Office.(2) In addition, the Minister may appoint any number of Deputy Chief Public Defenders and Assistant Chief Public Defenders that the Ministe

• § 4 — Panels of solicitors

  4.—(1) The Chief Public Defender may, if he or she considers necessary, establish one or more panels of solicitors for one or both of the following purposes:(a) in relation to an application for criminal defence aid, to investigate and make a report on the application, or to give any opinion on the

• § 5 — Exclusion or removal of solicitor

  5.—(1) The Chief Public Defender may exclude or remove (whether permanently or temporarily) a solicitor from a panel —(a) in the case of a solicitor appointed to a panel for the purpose mentioned in section 4(1)(b), if the solicitor’s practising certificate ceases to be in force for any reason; (b)

• § 6 — Fees for solicitors

  6.—(1) Subject to subsection (2) and regulations made under section 25, the Chief Public Defender may pay to a solicitor any fees agreed between the Chief Public Defender and the solicitor for any work mentioned in section 4(1)(a) or (b) done by the solicitor.(2) In determining the fees to be agreed

• § 7 — Protection from personal liability

  7.—(1) Subsection (2) applies where an act is done or an omission is made —(a) by the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender in the exercise or purported exercise of a function under this Act (except the provision of any legal a

• § 8 — Scope of criminal defence aid

  8.—(1) Subject to section 12(8), criminal defence aid may be granted to a citizen or permanent resident of Singapore in respect of any of the following proceedings:(a) any criminal proceedings instituted against him or her in respect of an offence that is not an excluded offence; (b) any proceeding

• § 9 — General provisions for application for criminal defence aid

  9.—(1) Subject to this section and section 10, any individual who wishes to receive criminal defence aid may apply to the Chief Public Defender for the grant of criminal defence aid.(2) An application for the grant of criminal defence aid must be —(a) made in the form and manner required by the Chie