§ 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 criminal defence aid —(i)

the relationship between the applicant for criminal defence aid, and the Chief Public Defender and every public defender to whom the application is referred; or

(ii)

the relationship between the applicant for criminal defence aid and an assigned solicitor to whom the Chief Public Defender refers the application;

(b)

in relation to a Grant of Aid —(i)

the relationship between an aided accused person, and the Chief Public Defender and every public defender who acts for the aided accused person in any proceedings to which the Grant of Aid relates; or

(ii)

the relationship between an aided accused person and an assigned solicitor who acts for the aided accused person in any proceedings to which the Grant of Aid relates.

(2) To avoid doubt, the same privileges and rights mentioned in subsection (1) and the relationship of solicitor and client do not arise between the Chief Public Defender, and the applicant or aided accused person mentioned in subsection (1)(a)(ii) or (b)(ii) (as the case may be), by reason only of the Chief Public Defender —(a)

referring the applicant’s application to a solicitor, or assigning a solicitor to act for the aided accused person; or

(b)

performing any of the Chief Public Defender’s functions imposed by or under this Act in respect of any other matter arising from the referral or assignment mentioned in paragraph (a).

(3) To avoid doubt, the same privileges and rights mentioned in subsection (1) and the relationship of solicitor and client do not arise between the Chief Public Defender, and an individual whose application is referred by the Chief Public Defender under section 12(5) to a body or organisation providing pro bono legal services, by reason only of the Chief Public Defender referring the individual’s application to that body or organisation.

(4) Despite subsection (1), the privileges mentioned in that subsection do not arise in relation to any information given to the Chief Public Defender concerning the means and other circumstances of the applicant in connection with an application for criminal defence aid.

(5) To avoid doubt, except where provided by subsection (4) or section 4(5), the Chief Public Defender must ensure that nothing is done by the Chief Public Defender which interferes with the privileges and rights which arise from the relationship of solicitor and client mentioned in subsection (1)(a)(ii) or (b)(ii).

(6) Except where otherwise provided by or under this Act, the rights conferred by this Act on an individual receiving criminal defence aid are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of a court is normally exercised.

—(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 criminal defence aid —(i)

the relationship between the applicant for criminal defence aid, and the Chief Public Defender and every public defender to whom the application is referred; or

(ii)

the relationship between the applicant for criminal defence aid and an assigned solicitor to whom the Chief Public Defender refers the application;

(b)

in relation to a Grant of Aid —(i)

the relationship between an aided accused person, and the Chief Public Defender and every public defender who acts for the aided accused person in any proceedings to which the Grant of Aid relates; or

(ii)

the relationship between an aided accused person and an assigned solicitor who acts for the aided accused person in any proceedings to which the Grant of Aid relates.

(2) To avoid doubt, the same privileges and rights mentioned in subsection (1) and the relationship of solicitor and client do not arise between the Chief Public Defender, and the applicant or aided accused person mentioned in subsection (1)(a)(ii) or (b)(ii) (as the case may be), by reason only of the Chief Public Defender —(a)

referring the applicant’s application to a solicitor, or assigning a solicitor to act for the aided accused person; or

(b)

performing any of the Chief Public Defender’s functions imposed by or under this Act in respect of any other matter arising from the referral or assignment mentioned in paragraph (a).

(3) To avoid doubt, the same privileges and rights mentioned in subsection (1) and the relationship of solicitor and client do not arise between the Chief Public Defender, and an individual whose application is referred by the Chief Public Defender under section 12(5) to a body or organisation providing pro bono legal services, by reason only of the Chief Public Defender referring the individual’s application to that body or organisation.

(4) Despite subsection (1), the privileges mentioned in that subsection do not arise in relation to any information given to the Chief Public Defender concerning the means and other circumstances of the applicant in connection with an application for criminal defence aid.

(5) To avoid doubt, except where provided by subsection (4) or section 4(5), the Chief Public Defender must ensure that nothing is done by the Chief Public Defender which interferes with the privileges and rights which arise from the relationship of solicitor and client mentioned in subsection (1)(a)(ii) or (b)(ii).

(6) Except where otherwise provided by or under this Act, the rights conferred by this Act on an individual receiving criminal defence aid are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of a court is normally exercised.