§ 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 applicant is an unmarried minor, the minor and the guardian who made the application on behalf of the minor satisfy the prescribed means criteria;

(b)

the applicant is a citizen or permanent resident of Singapore who —(i)

is an accused person in any criminal proceedings mentioned in section 8(1)(a); or

(ii)

is or is to be an appellant, an applicant, a respondent or a party, in a criminal appeal or criminal application mentioned in section 8(1)(b);

(c)

either of the following applies:(i)

in a case where the application for criminal defence aid is in respect of only one or more prescribed offences or offences in one or more prescribed classes of offences — the Chief Public Defender is of the opinion that there are merits to the application because —(A)

the applicant requires legal representation to plead guilty;

(B)

there are reasonable grounds for defending the criminal proceedings mentioned in section 8(1)(a); or

(C)

there are merits to the criminal appeal or criminal application mentioned in section 8(1)(b), or reasonable grounds for contesting the criminal appeal or criminal application, as the case may be;

(ii)

in a case where the application for criminal defence aid is in respect of one or more offences that are not prescribed offences or not offences in one or more prescribed classes of offences — a board (consisting of the Chief Public Defender and at least 2 solicitors appointed to an appropriate panel of solicitors established under section 4) is, by the majority of its members, of the opinion that there are merits to the application because sub‑paragraph (i)(A), (B) or (C), whichever is applicable to the applicant’s case, is satisfied; and[Act 32 of 2024 wef 25/11/2024]

(d)

the Chief Public Defender is of the opinion that it is appropriate in the circumstances for the Grant of Aid to be issued to the applicant.

(2) For the purposes of subsection (1)(d), the Chief Public Defender is to have regard to, and give any weight that the Chief Public Defender considers appropriate to, any matter that he or she considers relevant, including but not limited to the following:(a)

whether the applicant is likely to lose his or her personal liberty or livelihood, or to suffer serious damage to his or her reputation, if any matter arising in the proceedings is decided against the applicant;

(b)

whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law;

(c)

whether the proceedings may involve the tracing, interviewing or cross‑examination of witnesses on behalf of the applicant;

(d)

whether any benefit may accrue to, or any detriment may be suffered by, the applicant or the public (or a section of the public) if criminal defence aid were to be granted to the applicant;

(e)

whether the issue of the Grant of Aid to the applicant is appropriate taking into account —(i)

the allocation of resources available to the Public Defender’s Office; and

(ii)

the availability of solicitors appointed to an appropriate panel of solicitors established under section 4.

(3) For the purposes of subsection (2)(d), the benefit or detriment concerned must not be determined by whether the interests of the applicant are, or may be, adverse to the interests of —(a)

the prosecution; or

(b)

any law enforcement agency (as defined in section 2(1) of the Criminal Procedure Code 2010) that investigated the offence with which the applicant is charged or that charged the applicant with the offence.

(4) Pending the determination of an application under subsection (1), the Chief Public Defender may despite that subsection approve an application for criminal defence aid, and issue a Grant of Aid on a provisional basis to an applicant in connection with any proceedings, if the Chief Public Defender is of the opinion that —(a)

the applicant requires criminal defence aid as a matter of urgency;

(b)

subsection (1)(b) applies; and

(c)

subsection (1)(a), (c) and (d) is likely to apply.

(5) Despite subsection (1), where the requirements of subsection (1)(a), (b), (c) and (d) are satisfied in relation to an application, the Chief Public Defender may instead of approving the application and issuing a Grant of Aid to the applicant under that subsection, refer the application to any body or organisation providing pro bono legal services that the Chief Public Defender considers suitable.

(6) A referral under subsection (5) in respect of an application does not prevent the Chief Public Defender from subsequently approving the application and issuing a Grant of Aid to the applicant under subsection (1), if the Chief Public Defender considers it appropriate in the circumstances.

(7) Despite this section, the Minister may do either of the following:(a)

authorise the Chief Public Defender to issue a Grant of Aid to an individual in connection with any proceedings, if the Minister is of the opinion that it is in the interests of justice that criminal defence aid be granted to the individual in that connection;

(b)

direct the Chief Public Defender to approve an application for criminal defence aid, and issue a Grant of Aid under subsection (1) or (4) to an applicant, even though the Chief Public Defender is of the opinion that —(i)

the applicant does not satisfy; or

(ii)

the applicant is not likely to satisfy,

the prescribed means criteria, if the Minister is of the opinion that it is just and proper that criminal defence aid be granted to the applicant.

(8) Despite section 8(1), a Grant of Aid to be issued by the Chief Public Defender under subsection (1), (4) or (7) to an applicant may extend to any proceedings in respect of an excluded offence if —(a)

the applicant faces charges for 2 or more offences (one or more of which is an excluded offence) in the criminal proceedings mentioned in subsection (1)(b)(i) before the court; or

(b)

the criminal appeal or criminal application for which the applicant is to be issued a Grant of Aid arises from the proceedings mentioned in paragraph (a).

(9) For the purposes of subsection (7)(b), the Minister may authorise any person (including a panel of persons), with such qualifications and experience as the Minister considers appropriate in relation to assessing the financial circumstances of an applicant, to exercise the power under that provision.

(10) An authorisation under subsection (9) —(a)

may be subject to any conditions and restrictions that the Minister may specify in writing; and

(b)

does not prevent the Minister from exercising the power under subsection (7)(b).

(11) Once an authorisation is made under subsection (9), the Minister must —(a)

cause a copy of the authorisation to be given to the authorised person; and

(b)

without delay cause to be published a notice of the making and giving of the authorisation in the Gazette.

—(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 applicant is an unmarried minor, the minor and the guardian who made the application on behalf of the minor satisfy the prescribed means criteria;

(b)

the applicant is a citizen or permanent resident of Singapore who —(i)

is an accused person in any criminal proceedings mentioned in section 8(1)(a); or

(ii)

is or is to be an appellant, an applicant, a respondent or a party, in a criminal appeal or criminal application mentioned in section 8(1)(b);

(c)

either of the following applies:(i)

in a case where the application for criminal defence aid is in respect of only one or more prescribed offences or offences in one or more prescribed classes of offences — the Chief Public Defender is of the opinion that there are merits to the application because —(A)

the applicant requires legal representation to plead guilty;

(B)

there are reasonable grounds for defending the criminal proceedings mentioned in section 8(1)(a); or

(C)

there are merits to the criminal appeal or criminal application mentioned in section 8(1)(b), or reasonable grounds for contesting the criminal appeal or criminal application, as the case may be;

(ii)

in a case where the application for criminal defence aid is in respect of one or more offences that are not prescribed offences or not offences in one or more prescribed classes of offences — a board (consisting of the Chief Public Defender and at least 2 solicitors appointed to an appropriate panel of solicitors established under section 4) is, by the majority of its members, of the opinion that there are merits to the application because sub‑paragraph (i)(A), (B) or (C), whichever is applicable to the applicant’s case, is satisfied; and[Act 32 of 2024 wef 25/11/2024]

(d)

the Chief Public Defender is of the opinion that it is appropriate in the circumstances for the Grant of Aid to be issued to the applicant.

(2) For the purposes of subsection (1)(d), the Chief Public Defender is to have regard to, and give any weight that the Chief Public Defender considers appropriate to, any matter that he or she considers relevant, including but not limited to the following:(a)

whether the applicant is likely to lose his or her personal liberty or livelihood, or to suffer serious damage to his or her reputation, if any matter arising in the proceedings is decided against the applicant;

(b)

whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law;

(c)

whether the proceedings may involve the tracing, interviewing or cross‑examination of witnesses on behalf of the applicant;

(d)

whether any benefit may accrue to, or any detriment may be suffered by, the applicant or the public (or a section of the public) if criminal defence aid were to be granted to the applicant;

(e)

whether the issue of the Grant of Aid to the applicant is appropriate taking into account —(i)

the allocation of resources available to the Public Defender’s Office; and

(ii)

the availability of solicitors appointed to an appropriate panel of solicitors established under section 4.

(3) For the purposes of subsection (2)(d), the benefit or detriment concerned must not be determined by whether the interests of the applicant are, or may be, adverse to the interests of —(a)

the prosecution; or

(b)

any law enforcement agency (as defined in section 2(1) of the Criminal Procedure Code 2010) that investigated the offence with which the applicant is charged or that charged the applicant with the offence.

(4) Pending the determination of an application under subsection (1), the Chief Public Defender may despite that subsection approve an application for criminal defence aid, and issue a Grant of Aid on a provisional basis to an applicant in connection with any proceedings, if the Chief Public Defender is of the opinion that —(a)

the applicant requires criminal defence aid as a matter of urgency;

(b)

subsection (1)(b) applies; and

(c)

subsection (1)(a), (c) and (d) is likely to apply.

(5) Despite subsection (1), where the requirements of subsection (1)(a), (b), (c) and (d) are satisfied in relation to an application, the Chief Public Defender may instead of approving the application and issuing a Grant of Aid to the applicant under that subsection, refer the application to any body or organisation providing pro bono legal services that the Chief Public Defender considers suitable.

(6) A referral under subsection (5) in respect of an application does not prevent the Chief Public Defender from subsequently approving the application and issuing a Grant of Aid to the applicant under subsection (1), if the Chief Public Defender considers it appropriate in the circumstances.

(7) Despite this section, the Minister may do either of the following:(a)

authorise the Chief Public Defender to issue a Grant of Aid to an individual in connection with any proceedings, if the Minister is of the opinion that it is in the interests of justice that criminal defence aid be granted to the individual in that connection;

(b)

direct the Chief Public Defender to approve an application for criminal defence aid, and issue a Grant of Aid under subsection (1) or (4) to an applicant, even though the Chief Public Defender is of the opinion that —(i)

the applicant does not satisfy; or

(ii)

the applicant is not likely to satisfy,

the prescribed means criteria, if the Minister is of the opinion that it is just and proper that criminal defence aid be granted to the applicant.

(8) Despite section 8(1), a Grant of Aid to be issued by the Chief Public Defender under subsection (1), (4) or (7) to an applicant may extend to any proceedings in respect of an excluded offence if —(a)

the applicant faces charges for 2 or more offences (one or more of which is an excluded offence) in the criminal proceedings mentioned in subsection (1)(b)(i) before the court; or

(b)

the criminal appeal or criminal application for which the applicant is to be issued a Grant of Aid arises from the proceedings mentioned in paragraph (a).

(9) For the purposes of subsection (7)(b), the Minister may authorise any person (including a panel of persons), with such qualifications and experience as the Minister considers appropriate in relation to assessing the financial circumstances of an applicant, to exercise the power under that provision.

(10) An authorisation under subsection (9) —(a)

may be subject to any conditions and restrictions that the Minister may specify in writing; and

(b)

does not prevent the Minister from exercising the power under subsection (7)(b).

(11) Once an authorisation is made under subsection (9), the Minister must —(a)

cause a copy of the authorisation to be given to the authorised person; and

(b)

without delay cause to be published a notice of the making and giving of the authorisation in the Gazette.