PART 2 | LEGAL AID IN CIVIL ACTIONS |
| Scope and general conditions of legal aid in civil actions |
| 5.—(1) Subject to this Part, legal aid may be given to a citizen or permanent resident of Singapore in relation to any civil proceedings mentioned in Part 1 of the Schedule (not being any proceedings mentioned in Part 2 of the Schedule). [50/2018] | (2) Despite subsection (1), the Director may authorise the giving of legal aid to a citizen or permanent resident of Singapore in relation to any proceedings mentioned in Part 2 of the Schedule, if the Director is satisfied that those proceedings are, or are likely to be, related to any civil proceedings mentioned in that subsection. [50/2018] |
(3) In deciding whether any proceedings mentioned in Part 2 of the Schedule are, or are likely to be, related to any civil proceedings mentioned in subsection (1), the Director may consider —| (a) | whether a court has ordered, or may order, that the proceedings mentioned in Part 2 of the Schedule, and the civil proceedings mentioned in subsection (1), be consolidated or tried at the same time, on the ground that some common question of fact arises in both proceedings; and | | (b) | any other circumstances that may be specified in any regulations made under this Act. [50/2018] |
|
| (4) The proceedings in connection with which legal aid may be given may be varied by regulations made under this Act and the regulations may describe the proceedings to be included or excluded by reference to the court, to the issues involved, to the capacity in which the person requiring legal aid is concerned, or otherwise. [6/2013] |
| (5) Regulations made for the purpose of this section must not provide for giving legal aid in connection with any proceedings before any court before which persons have no right and are not normally allowed to be represented by a solicitor. [6/2013] |
| (6) In this section, “permanent resident” means any person who is not subject to any restrictions as to that person’s period of residence in Singapore imposed under any written law relating to immigration for the time being in force in Singapore. |
|
| Application for legal aid |
| 6.—(1) Any person who (whether in his or her own right or in a representative capacity) desires to be granted legal aid must make an application in that behalf to the Director. [6/2013] (2) An application for legal aid must be —| (a) | made in the form and manner required by the Director; and | | (b) | accompanied by any documents and information required by the Director. [50/2018] |
|
| (3) Where the person who desires to be granted legal aid is a minor, the application must be made on behalf of the minor by the minor’s guardian. [6/2013] |
(4) Where any application is made on behalf of a minor then —| (a) | a reference in section 7 or 8(1)(b) or (2)(c) to the applicant is to be construed as a reference to the guardian and the minor jointly or to either of them severally; and | | (b) | a reference in section 8(1)(a) or (2)(b) to the applicant is, in any case where the minor is unmarried and the guardian is a relative of the minor, to be construed as a reference to both the guardian and the minor and in every other case is to be construed as a reference to the minor only. [6/2013; 50/2018] |
|
(5) In subsection (4), “relative” means —| (a) | in the case of a legitimate child, any one of his or her parents; | | (b) | in the case of an adopted child, an adopting parent; and | | (c) | in the case of an illegitimate child, the mother. |
|
(6) Where —| (a) | an aided person was a minor at the time legal aid was granted to him or her in respect of any proceedings; | | (b) | such proceedings have not been concluded by the time the aided person attains 21 years of age; and | | (c) | the aided person wishes to continue receiving legal aid in respect of those proceedings after attaining 21 years of age, |
| the aided person must give to the Director, within the prescribed time after the aided person attains 21 years of age, and in the form and manner required by the Director, a written consent to continue receiving legal aid in respect of those proceedings. |
[6/2013; 50/2018] |
| (7) Every aided person who gives a written consent under subsection (6) is deemed to have made a fresh application for legal aid in that person’s own right. [50/2018] |
|
| Application for legal aid in relation to appointment of deputy, etc. |
6A.—(1) This section applies where —| (a) | a person (P) lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008; and | | (b) | a professional deputy makes an application for legal aid under section 6 in relation to —| (i) | a proceeding to be appointed as P’s deputy under section 20(2)(b) of the Mental Capacity Act 2008; or | | (ii) | a proceeding to vary or amend an order made under section 20 of the Mental Capacity Act 2008, in relation to P. |
|
(2) Despite section 8, in considering an application by a professional deputy mentioned in subsection (1), the Director is to —| (a) | make inquiries under section 7(a) as to the means and condition of P (instead of the professional deputy); and | | (b) | consider under section 8(1)(a) or (2)(b) whether P satisfies the prescribed means criteria (instead of the professional deputy). |
|
| (3) The Minister may exercise his or her powers under section 8(4)(b) or (5) even though the Director is of the opinion that P does not satisfy or is not likely to satisfy the prescribed means criteria, and the reference in section 8(5) to the financial circumstances of an applicant is to be read as a reference to the financial circumstances of P. |
| (4) The privileges mentioned in section 22(1) do not arise in relation to any information tendered to the Director concerning the property or income of P in relation to the professional deputy’s application for a Grant of Aid. |
(5) In this section, “professional deputy” means a person who —| (a) | is registered as a professional deputy under section 25A of the Mental Capacity Act 2008; or | | (b) | meets such other criteria as may be prescribed. [Act 32 of 2024 wef 01/04/2025] |
|
|
| Power of Director to make inquiries |
7. Where an application is made for legal aid, the Director may —| (a) | make any inquiries that the Director thinks fit as to the means and condition of the applicant and as to the merits of the case; | | (b) | require the applicant to furnish such information and such documents as the Director may require for the purpose of considering the application; | | (c) | require the applicant to attend personally; | | (d) | refer the application or any matter arising out of the application to any solicitor whose name is on the appropriate panel maintained pursuant to section 4 to investigate the facts and make a report on the application or to give any opinion on the application or on any question of law arising out of the application; | | (e) | take or cause to be taken such steps as may be necessary to conserve the interests of the applicant pending determination of the application; and | | (f) | defray expenses incidental to any of the matters referred to in paragraphs (a) to (e) out of any funds in the Director’s control which are available for the purpose. |
|
8.—(1) The Director may approve an application for legal aid, and issue a Grant of Aid to an applicant in connection with any proceedings, if —| (a) | the Director is of the opinion that the applicant satisfies the prescribed means criteria; and | | (b) | either of the following applies:| (i) | in any case where those proceedings are prescribed proceedings or belong to a prescribed class of proceedings — the Director is of the opinion that the applicant has reasonable grounds for taking, defending, continuing or being a party to those proceedings; | | (ii) | in any other case — a board (consisting of the Director and at least 2 solicitors on an appropriate panel of solicitors maintained under section 4) is of the opinion that the applicant has reasonable grounds for taking, defending, continuing or being a party to those proceedings. [50/2018] |
|
(2) Pending the determination of an application under subsection (1), the Director may despite that subsection approve an application for legal aid, and issue a Grant of Aid on a provisional basis to an applicant in connection with any proceedings, if the Director is of the opinion that the applicant —| (a) | requires legal aid as a matter of urgency; | | (b) | is likely to satisfy the prescribed means criteria; and | | (c) | is likely to have reasonable grounds for taking, defending, continuing or being a party to those proceedings. [50/2018] |
|
| (3) The Director may refuse legal aid if it appears to the Director unreasonable that the applicant should receive it in the particular circumstances of the case. |
(4) Despite any provision of this Act (including any regulations made under this Act), the Minister may —| (a) | authorise the Director to issue a Grant of Aid to any person in connection with any proceedings, if the Minister is of the opinion that it is in the public interest that legal aid be granted to the person in that connection; and | | (b) | direct the Director to approve an application for legal aid, and issue a Grant of Aid under subsection (1) or (2) to an applicant, even though the Director is of the opinion that the applicant does not satisfy, or is not likely to satisfy, the prescribed means criteria, if the Minister is of the opinion that it is just and proper that legal aid be granted to the applicant. [50/2018] |
|
| (5) For the purposes of subsection (4)(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 subsection. [50/2018] |
(6) An authorisation under subsection (5) —| (a) | may be subject to such conditions and restrictions as the Minister may specify in writing; and | | (b) | does not prevent the Minister from exercising the power under subsection (4)(b). [50/2018] |
|
(7) Once an authorisation is made under subsection (5), 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. [50/2018] |
|
|
| 9. [Repealed by Act 50 of 2018] |
| Cancellation of Grant of Aid |
| 10.—(1) The Director may, at any time and whether or not an application has been made for the purpose, cancel a Grant of Aid, and subject to subsection (2), the person to whom the Grant of Aid was issued ceases to be an aided person from the date of cancellation. [6/2013] | (2) Where the Grant of Aid cancelled under subsection (1) has been filed with any court, the Director must file with the court a notification of the cancellation, and the person to whom the Grant of Aid was issued ceases to be an aided person from the date of filing of such notification. [6/2013] |
(3) Where a notification under subsection (2) is filed in a court in respect of any proceedings, the following apply unless the court (before which those proceedings are pending) orders otherwise:| (a) | all steps in those proceedings are stayed for a period of 14 days after the date on which the notification is filed; | | (b) | during that period, the time fixed by or under any written law, for doing any act or taking any step in those proceedings, does not run. [50/2018] |
|
| (4) The period mentioned in subsection (3)(a) may be reduced or extended by an order of the court. [50/2018] |
| (5) The Director must take such steps as seem to the Director reasonable or necessary to inform the person to whom a Grant of Aid has been issued of the cancellation of any such Grant of Aid. [6/2013] |
|
| Application for aid by more than one party |
11.—(1) If, in relation to any proceedings to which a person who has made an application for legal aid or an aided person is a party, any other party makes application for legal aid, the provisions of this Act are to apply to both such parties.| (2) The Director must not himself or herself act for either party referred to in subsection (1) but must assign a solicitor to be selected by the Director from the appropriate panel of solicitors maintained pursuant to section 4, to act for each aided person. [6/2013] |
|
| Endorsement and filing of Grant of Aid |
| 12.—(1) Where a Grant of Aid is issued, the Director may act for the aided person or may select a solicitor from the appropriate panel of solicitors maintained under section 4 and assign that solicitor to act for the aided person. [6/2013] (2) A fresh Grant of Aid must be filed with the court in which any proceedings are taken or are pending in any case where —| (a) | a solicitor is assigned to act after a Grant of Aid has been filed with the court; or | | (b) | a new assignment is made in place of a solicitor previously assigned. [6/2013] |
|
| (3) Before taking any other step in the proceedings, the Director or the solicitor so assigned must file the Grant of Aid with the court in which the proceedings are to be taken or are pending and no fee is to be charged in respect of the filing of the Grant of Aid. [6/2013] |
(4) Where any Grant of Aid is so filed, the aided person —| (a) | is not liable in respect of any proceedings to which the Grant of Aid relates for court fees or for such fees payable for the service of process or for any fees due to the Sheriff or bailiff in connection with the execution of process; | | (b) | is entitled to be supplied free of charge with a copy of the judge’s notes of evidence in any proceedings to which the Grant of Aid relates, and of any other document in connection with those proceedings as may be prescribed; | | (c) | is not, except where express provision is made in this Act, liable for costs to any other party in any proceedings to which the Grant of Aid relates; and | | (d) | is not liable to pay any deposit which would have been payable to the Official Assignee under the regulations made under section 449 of the Insolvency, Restructuring and Dissolution Act 2018, where legal aid has been granted to the aided person to commence bankruptcy proceedings against a debtor. [6/2013; 40/2018; 50/2018] |
|
| (5) Subject to sections 13 and 22A, no person who, pursuant to any reference under this Act, makes any investigation or report or gives any opinion or who pursuant to any assignment under this Act conducts any proceedings may take or agree to take or seek from an aided person any fee, profit or reward (pecuniary or otherwise) in respect of the making of such investigation or report, the giving of such opinion, or the conduct of such proceedings. [50/2018] |
(6) To avoid doubt, the Director may take proceedings —| (a) | to enforce or give effect to any order or agreement for the recovery or preservation of property for the benefit of the aided person; or [Act 32 of 2024 wef 01/04/2025] | | (b) | to enforce or give effect to any order or agreement for the payment of costs to an aided person in any proceedings to which an aided person is a party, | | (c) | [Deleted by Act 32 of 2024 wef 01/04/2025] |
| (d) | no Grant of Aid is to be required in respect of the proceedings taken by the Director; and | | (e) | subsection (4) is to apply to the proceedings taken by the Director as if the proceedings were taken by an aided person. [6/2013; 50/2018] [Act 32 of 2024 wef 01/04/2025] |
|
|
| Deposit in respect of out-of-pocket expenses |
| 13.—(1) The Director may require any applicant for legal aid or any person to whom a Grant of Aid is issued to deposit with the Director such amounts at such times as the Director may think fit to be used in or towards meeting out‑of‑pocket expenses (not including office expenses) incurred in connection with the application or with any proceedings to which the application or the Grant of Aid relates. [6/2013] (2) Any amount deposited under subsection (1) must be used only to pay —| (a) | firstly, the out‑of‑pocket expenses referred to in that subsection; and | | (b) | after the payment of such out‑of‑pocket expenses, any outstanding contribution the applicant is required to pay under section 22A(1). [6/2013; 50/2018] |
|
| (3) After the payments referred to in subsection (2)(a) and (b) have been made, the balance of the amount deposited under subsection (1) (if any) must be refunded to the applicant or the aided person, as the case may be. [6/2013] |
| (4) In any case where the Director is satisfied that the making of a deposit under subsection (1) would occasion hardship, the Director may, out of any funds in the Director’s control which are available for the purpose, from time to time, meet any out‑of‑pocket expenses (not including office expenses) or make such advances to meet such out‑of‑pocket expenses as the Director may consider necessary. |
| (5) Any advance so made must be used only for payment of such out‑of‑pocket expenses and any part of such amount not so expended must be refunded to the Director. |
| (6) Where the Director has made any advance out of the funds in the Director’s control to meet out‑of‑pocket expenses under subsection (4), the Director may require the applicant or the aided person (as the case may be) in respect of whom those expenses are incurred to repay to the Director any amount expended or advanced in any manner that the Director thinks fit. [6/2013] |
|
| Court may order payment of costs by aided person in certain event |
14.—(1) Where it appears to a court that any of the circumstances mentioned in subsection (3) exists in relation to an aided person, the court may order the aided person to pay the costs of all or any of the following persons:| (a) | the Director; | | (b) | the solicitor who acted for the aided person; | | (c) | the other party. [50/2018] |
| (2) In subsection (1), a reference to an “aided person” includes, in any case where the Grant of Aid has been cancelled before the making of the order, the person who immediately before the cancellation was the aided person. [6/2013] |
(3) For the purposes of subsection (1), the circumstances are as follows:| (a) | the Grant of Aid issued to the aided person has been obtained by fraud or misrepresentation; | | (b) | the aided person acted improperly in bringing or defending any legal proceedings, or in the conduct of those proceedings. [50/2018] |
|
| (4) Where an order is made under subsection (1), the costs must be assessed as if the party ordered to pay costs were not an aided person. [50/2018] [Act 32 of 2024 wef 01/04/2025] |
(5) The costs so ordered to be paid must, unless otherwise directed by the order, include —| (a) | fees and charges of the nature referred to in section 12(4)(a) and (b); and | | (b) | any sums which, pursuant to section 13(3), were expended by the Director in meeting out-of-pocket expenses or were advanced by the Director for that purpose. |
|
| (6) Where the costs of the Director or the solicitor who acted for the aided person ordered to be paid under subsection (1) include any of the fees, charges or sums referred to in subsection (5), then if any amount is recovered by the Director in respect of such costs, the same must be applied in the first instance in or towards the satisfaction of such fees, charges or sums. [50/2018] |
|
| Legal aid not to discontinue without leave |
15.—(1) An aided person must not without the leave of the Director discharge any solicitor assigned to act for the aided person under this Act.| (2) Any solicitor assigned to act for an aided person must not discontinue the solicitor’s aid without the leave of the Director; except that any solicitor may be represented by any other solicitor. |
|
16.—(1) Where an aided person is entitled to costs in any proceedings to which the aided person is a party —| (a) | the court must make, in favour of the aided person, such order for costs as the court would have made in favour of a person who is not an aided person; and | | (b) | where costs follow the event, the aided person is entitled to the same costs as a person who is not an aided person. [50/2018] |
| (2) Subsection (1) does not apply to any costs against another aided person. [50/2018] |
| (3) Where any moneys are recovered by an aided person (whether in proceedings or by virtue of a settlement or compromise), the aided person is liable to pay to the Director so much of the moneys so recovered as is recovered in respect of costs. |
| (4) For the purposes of subsection (3), the moneys recovered in respect of costs are deemed to be so much of the total amount so recovered as exceeds the amount (if any) recoverable by the aided person otherwise than as costs. |
(5) Without limiting subsections (1), (2), (3) and (4), “costs” includes —| (a) | counsel’s fees, whether or not the same have been paid; | | (b) | fees and charges of the nature referred to in section 12(4)(a) and (b); and | | (c) | any sums which, pursuant to section 13(3), are expended by the Director in meeting out‑of‑pocket expenses or are advanced by the Director for that purpose. [50/2018] |
|
| (6) Where the costs recovered by the Director under this section include any of the fees, charges or sums referred to in subsection (5)(b) and (c), such costs must be applied, in the first instance, in and towards satisfaction of such fees, charges or sums. |
| (7) The Director may, in the Director’s discretion and in accordance with any regulations made under this Act, reduce any costs, or waive or refund the whole or any part of any costs, that a person is liable to pay to the Director under subsection (3). [Act 32 of 2024 wef 01/04/2025] |
|
| Stay of proceedings upon making of application for legal aid |
| 17.—(1) Where proceedings have been commenced and any party makes an application for legal aid, the Director must, as soon as practicable after the application is made, notify the other party or each of the other parties, and file with the court in which the proceedings are pending, a notification of the making of the application; and no fee is to be payable in respect of the filing of the notification. [6/2013; 50/2018] (2) Where a notification under subsection (1) is filed in respect of any proceedings, the following apply unless the court (before which those proceedings are pending) orders otherwise:| (a) | all steps in those proceedings are stayed for a period of 14 days after the date on which the notification is filed; | | (b) | during that period, the time fixed by or under any written law, for doing any act or taking any step in those proceedings, does not run. [50/2018] |
|
(3) Despite subsection (2), the filing of the notification under subsection (1) does not prevent any of the following:| (a) | the making of an interlocutory order for an injunction, or for the appointment of a receiver, a manager or a receiver and manager; | | (b) | the making of an order to prevent the lapse of a caveat against dealings with land; | | (c) | the making of any other order which, in the opinion of the court, is necessary to prevent an irremediable injustice; | | (d) | the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect an order mentioned in paragraph (a), (b) or (c), unless the court orders otherwise. [50/2018] |
|
| (4) The period mentioned in subsection (2)(a) may be reduced or extended by an order of the court. [50/2018] |
|
18.—(1) Where —| (a) | a Grant of Aid has been filed in any court, and the proceedings to which the Grant of Aid relates have been heard in that court; and | | (b) | the aided person desires to prosecute any appeal from the proceedings, |
| the aided person must make a fresh application for legal aid to the Director in respect of that matter within the prescribed time, and the conditions for the issue of the Grant of Aid set out in section 8 are to apply. |
[6/2013; 50/2018] (2) Despite subsection (1), the Director may consider a fresh application for legal aid that is made outside the prescribed time mentioned in that subsection, if —| (a) | the aided person filed a notice of appeal in respect of the proceedings mentioned in that subsection before making that application; or | | (b) | the Director is of the opinion that there are extenuating circumstances for not making that application by that prescribed time. [50/2018] |
|
| (3) Subsection (1) does not apply to an appeal in respect of any interlocutory matter in any proceedings to which a Grant of Aid relates. [6/2013; 50/2018] |
|
| Rules regulating practice and procedure of court |
19. Where it is necessary or convenient to do so for carrying out or giving effect to this Act or any regulations made under this Act —| (a) | the Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make under section 80 of that Act rules regulating the practice and procedure of any of the following courts in which proceedings may be taken by an aided person:| (i) | the Court of Appeal; | | (ii) | the General and Appellate Divisions of the High Court (other than the Family Division of the High Court); | | (iii) | any District Court; | | (iv) | any Magistrate’s Court; and |
| | (b) | the Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make under section 46 of that Act rules regulating the practice and procedure of any of the following courts in which proceedings may be taken by an aided person:| (i) | the Family Division of the High Court; | | (ii) | any Family Court; | | (iii) | any Youth Court. [27/2014; 40/2019] |
|
|
|
