§ 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 Minister considers necessary to assist the Chief Public Defender.

(3) An individual must not be appointed to be or to act temporarily as the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender unless the individual is —(a)

a qualified person as defined in section 2(1) of the Legal Profession Act 1966; or

(b)

a solicitor.

(4) A Deputy Chief Public Defender and an Assistant Chief Public Defender have all the powers and may perform all the functions of the Chief Public Defender, except the powers exercisable under subsection (6).

(5) Except in subsection (6), or unless the context otherwise requires, any reference in this Act to the Chief Public Defender includes a reference to a Deputy Chief Public Defender or an Assistant Chief Public Defender.

(6) The Chief Public Defender may —(a)

appoint any number of public officers and other individuals that the Chief Public Defender considers necessary and whom the Chief Public Defender considers are duly qualified and experienced, as public defenders for the purpose of assisting the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender, in carrying out any of their functions under this Act; and

(b)

assign to those appointed public officers and other individuals any functions as the Chief Public Defender considers appropriate for the purpose mentioned in paragraph (a).

(7) Every public defender who is not a public officer is deemed to be a public servant within the meaning of the Penal Code 1871 in relation to his or her carrying out of any function as a public defender.

(8) Despite any other written law, for the purposes of this Act, the following individuals have the right to appear and plead in all courts according to the law in force in those courts:(a)

the Chief Public Defender and every Deputy Chief Public Defender or Assistant Chief Public Defender;

(b)

a public defender who is assigned under subsection (6)(b) any function that requires the public defender to appear and plead in those courts.

—(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 Minister considers necessary to assist the Chief Public Defender.

(3) An individual must not be appointed to be or to act temporarily as the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender unless the individual is —(a)

a qualified person as defined in section 2(1) of the Legal Profession Act 1966; or

(b)

a solicitor.

(4) A Deputy Chief Public Defender and an Assistant Chief Public Defender have all the powers and may perform all the functions of the Chief Public Defender, except the powers exercisable under subsection (6).

(5) Except in subsection (6), or unless the context otherwise requires, any reference in this Act to the Chief Public Defender includes a reference to a Deputy Chief Public Defender or an Assistant Chief Public Defender.

(6) The Chief Public Defender may —(a)

appoint any number of public officers and other individuals that the Chief Public Defender considers necessary and whom the Chief Public Defender considers are duly qualified and experienced, as public defenders for the purpose of assisting the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender, in carrying out any of their functions under this Act; and

(b)

assign to those appointed public officers and other individuals any functions as the Chief Public Defender considers appropriate for the purpose mentioned in paragraph (a).

(7) Every public defender who is not a public officer is deemed to be a public servant within the meaning of the Penal Code 1871 in relation to his or her carrying out of any function as a public defender.

(8) Despite any other written law, for the purposes of this Act, the following individuals have the right to appear and plead in all courts according to the law in force in those courts:(a)

the Chief Public Defender and every Deputy Chief Public Defender or Assistant Chief Public Defender;

(b)

a public defender who is assigned under subsection (6)(b) any function that requires the public defender to appear and plead in those courts.