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.
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 Defender of any change to the means or other circumstances of the individual which may render him or her ineligible for criminal defence aid,
the individual shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
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 section 428A(15) of the Criminal Procedure Code 2010,
regulating and prescribing the procedure and the practice to be followed in a court in proceedings against an aided accused person, and any matters incidental to or relating to that procedure or practice.
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) or (b) (including costs to be incurred or incurred by an assigned solicitor for any matter that the assigned solicitor considers necessary for any work mentioned in section 4(1)(a) or (b));
(b)
prescribe fees for applications for a Grant of Aid, and provide that the Chief Public Defender may reduce any fee, or waive or refund the whole or any part of any fee;
(c)
make provision for the circumstances in which a Grant of Aid may be varied or cancelled;
(d)
make provision for the recovery of contributions that are due and payable;
(e)
make any provision necessary to meet the circumstances where —(i)
an individual is issued a Grant of Aid on a provisional basis;
(ii)
an individual receives criminal defence aid in respect of any proceedings after having consulted a solicitor in the ordinary way with respect to those proceedings, or ceases to receive criminal defence aid in respect of any proceedings before those proceedings have concluded; or
(iii)
there is any change of circumstances while an individual is receiving criminal defence aid;
(f)
make provision for the period when a Grant of Aid issued on a provisional basis is in force, and for matters relating to the lapse or extension of the Grant of Aid; and
(g)
prescribe all matters required or permitted to be prescribed under or for the purposes of this Act.
(3) The regulations made under this section may apply —(a)
generally to all legal matters (whether relating to proceedings in a court or otherwise);
(b)
to any specified class of matters or proceedings; or
(c)
to all matters or proceedings other than matters or proceedings of a specified class.
(4) The regulations made under this section may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $2,000.
(5) The powers conferred by this section do not extend to any matter for which rules under the Criminal Procedure Code 2010 may be made under section 24.
(6) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
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 Attorney‑General’s Chambers when he or she acts as an advocate or a solicitor;
(b)
the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender appointed under section 3 of the Public Defenders Act 2022, when he or she acts as an advocate or a solicitor.”.
“(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 Attorney‑General’s Chambers when he or she acts as an advocate or a solicitor;
(b)
the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender appointed under section 3 of the Public Defenders Act 2022, when he or she acts as an advocate or a solicitor.”.
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 Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender to appear and plead in those courts under the provisions of the Public Defenders Act 2022; and
(h)
a public defender mentioned in section 3(8)(b) of the Public Defenders Act 2022 to appear and plead in those courts under the provisions of that Act.”.
(2) Section 34(1) of the Legal Profession Act 1966 is amended by inserting, immediately after paragraph (ca), the following paragraphs:“(cb)
the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender acting in the course of the functions of the Chief Public Defender, Deputy Chief Public Defender or Assistant Chief Public Defender (as the case may be) under the provisions of the Public Defenders Act 2022;
(cc)
a public defender appointed under section 3(6) of the Public Defenders Act 2022 acting in the course of that public defender’s functions under that Act;”.
(3) Section 82 of the Legal Profession Act 1966 is amended —(a)
by deleting the full‑stop at the end of paragraph (c) of subsection (1) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraph: “(d)
a PD Officer.”;
(b)
by inserting, immediately after subsection (2), the following subsection:“(3) In this Part, “PD Officer” means —(a)
the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender appointed under section 3 of the Public Defenders Act 2022; or
(b)
a public defender appointed under section 3(6) of the Public Defenders Act 2022 who is a public officer and a qualified person.”; and
(c)
by deleting the words “and Legal Service Officers” in the section heading and substituting the words “, Legal Service Officers and PD Officers”.
“(3) In this Part, “PD Officer” means —(a)
the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender appointed under section 3 of the Public Defenders Act 2022; or
(b)
a public defender appointed under section 3(6) of the Public Defenders Act 2022 who is a public officer and a qualified person.”; and
(4) Section 82A of the Legal Profession Act 1966 is amended —(a)
by deleting the words “or Legal Service Officer” in subsection (1) and substituting the words “, Legal Service Officer or PD Officer”;
(b)
by inserting, immediately after the words “Legal Service Officers” in subsection (2), the words “, PD Officers”;
(c)
by inserting, immediately after the words “a Legal Service Officer” wherever they appear in subsection (3), the words “, a PD Officer”;
(d)
by inserting, immediately after the words “, Legal Service Officer” wherever they appear in subsections (4), (5), (6A), (8), (9), (10) and (12)(a), the words “, PD Officer”;
(e)
by deleting the words “or a Legal Service Officer” in subsection (10) and substituting the words “, a Legal Service Officer or a PD Officer”; and
(f)
by deleting the words “and non‑practising solicitors” in the section heading and substituting the words “, PD Officers and non‑practising solicitors”.
(5) Section 94A(3) of the Legal Profession Act 1966 is amended by deleting the words “or Legal Service Officer” and substituting the words “, Legal Service Officer or PD Officer”.
(6) Section 98A(1) of the Legal Profession Act 1966 is amended by inserting, immediately after the words “, Legal Service Officer” wherever they appear, the words “, PD Officer”.
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 of the Public Defenders Act 2022; or
(b)
a public defender appointed under section 3(6) of the Public Defenders Act 2022 who is a public officer and a qualified person;”.
(2) Section 14 of the Singapore Academy of Law Act 1988 is amended by deleting the words “or Legal Service Officer” in paragraph (b) and substituting the words “, Legal Service Officer or PD Officer”.
(3) Section 16(1) of the Singapore Academy of Law Act 1988 is amended —(a)
by deleting the words “or a Legal Service Officer” in paragraph (b) and substituting the words “, a Legal Service Officer or a PD Officer”; and
(b)
by deleting the words “or the Singapore Legal Service” in paragraph (b) and substituting the words “, the Singapore Legal Service or the Public Defender’s Office”.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
