Public Defenders Act 2022 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 23]

Friday, September 2

[2022

The following Act was passed by Parliament on 1 August 2022 and assented to by the President on 19 August 2022:—

Public Defenders Act 2022

(No. 23 of 2022)

I assent.

HALIMAH YACOB,

President.

19 August 2022.

Date of Commencement: 1 December 2022 Parts 1, 2, 3, sections 22 to 27 and the Schedule

Date of Commencement: 16 January 2023 Section 28

An Act to provide for the appointment of a Chief Public Defender and public defenders in connection with the provision of legal representation to accused persons of limited means in certain criminal proceedings and for connected purposes, and to make related amendments to certain other Acts.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART 1

PRELIMINARY

Short title and commencement

1. This Act is the Public Defenders Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“aided accused person” means an individual who is issued a Grant of Aid;

“assigned solicitor” means a solicitor from an appropriate panel of solicitors established under section 4 who is assigned any matter mentioned in section 4(1)(a) or (b) by the Chief Public Defender;

“Chief Public Defender” means the Chief Public Defender appointed under section 3(1);

“court” means any court of competent jurisdiction in Singapore before which any proceedings are heard;

“criminal appeal” means any appeal under Part 20 of the Criminal Procedure Code 2010;

“criminal application” means —

(a)	any application for review of an earlier decision, a case to be stated, a criminal reference or a criminal revision of a case under Division 1B, 2, 3 or 4 of Part 20 of the Criminal Procedure Code 2010, and includes any case stated or revision of a case on a court’s own motion or any criminal reference by the Public Prosecutor mentioned in that Part; or
(b)	any criminal motion under Division 5 of Part 20 of the Criminal Procedure Code 2010;

“criminal defence aid” means criminal defence aid granted under this Act;

“excluded offence” has the meaning given by section 8(2);

“Grant of Aid” means a document issued under section 12 or 20 stating that criminal defence aid is granted to an individual (whether on a provisional basis or otherwise);

“minor” means an individual who is below 21 years of age;

“permanent resident” means any individual who is not subject to any restrictions as to his or her period of residence in Singapore imposed under any written law relating to immigration for the time being in force in Singapore;

“proceedings” means any proceedings mentioned in section 8(1) or 12(8) in respect of which a Grant of Aid may be or is issued;

“public defender” means a public officer or any other individual appointed under section 3(6);

“solicitor” means an advocate and solicitor of the Supreme Court.

(2) For the purposes of this Act, a guardian of a minor is —

(a)

a parent (whether biological or adoptive) of the minor;

(b)

an individual who, not being a parent of the minor, is lawfully appointed by deed or will or by an order of a competent court to be the guardian of the minor; or

(c)

any other individual whom the Chief Public Defender has reasonable grounds to believe —

(i)	has for the time being the charge, custody, or care and control, of the minor; or
(ii)	is for the time being making financial provision for the support of the minor.

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