Legal Aid and Advice Act

“aided person” means a person who has been granted a certificate that he is entitled to legal aid under Part III and, where such a person is an infant, includes his guardian;

“Director” means the Director of Legal Aid appointed under section 3 and includes Deputy Directors and Assistant Directors of Legal Aid;

“guardian”, in relation to an infant, includes without prejudice to the generality of the expression, such person as the Director considers might properly be appointed to be the next friend or guardian ad litem of the infant;

“judge” means a judge of the Supreme Court and includes in respect of proceedings in a District Court, a District Judge, and in respect of proceedings under the Women’s Charter [Cap. 353], a Magistrate;

“solicitor” means an advocate and solicitor admitted to practise in Singapore.

The Minister may appoint a person to be the Director of Legal Aid and may appoint one or more Deputy Directors of Legal Aid and such number of Assistant Directors of Legal Aid as to him seems fit.

No person shall be appointed to be or to act temporarily as the Director or a Deputy Director of Legal Aid or an Assistant Director of Legal Aid unless he is a qualified person as defined in section 2 of the Legal Profession Act [Cap. 161], or is a solicitor practising in Singapore.

Notwithstanding any provision of any written law to the-contrary, the Director and every Deputy Director of Legal Aid and every Assistant Director of Legal Aid shall, for the purposes of this Act, have the right to appear and plead in all courts of justice in Singapore according to the law in force in such courts.

The Director, Deputy Directors of Legal Aid and Assistant Directors of Legal Aid shall be public servants within the meaning of the Penal Code [Cap. 224].

The Director shall prepare and maintain panels of solicitors willing to investigate, report and give an opinion upon applications for the grant of legal aid, to act for persons receiving legal aid and to give legal advice under the provisions of this Act, and there may be separate panels for different purposes and for different courts.

Any solicitor shall be entitled to have his name on the panels or any of them unless there is good reason for excluding him arising out of his conduct when acting or assigned to act for persons receiving legal aid or his professional conduct generally.

Where a solicitor is aggrieved by any decision excluding him (whether permanently or temporarily) from the panels or any of them, he may appeal against the decision to a judge of the Supreme Court and the judge (whose decision shall be final) may confirm or quash the decision appealed against or may substitute such decision as he thinks fit.

Subject to section 20(2) any solicitor may at any time request the Director to remove his name from the panels or any of them and the Director shall comply with such request.

Subject to any regulations made under this Act, the Director shall pay to a solicitor investigating and reporting or giving an opinion upon applications for the grant of legal aid or acting for persons receiving legal aid or giving legal advice under the provisions of this Act such fees as may be agreed between the Director and the solicitor.

The like privileges and rights as those which arise from the relationship of client and solicitor acting in his professional employment shall arise from the following relationships:

Notwithstanding anything in subsection (1), the privileges therein referred to shall not arise in relation to any information tendered to the Director concerning the property or income of the applicant for a legal aid certificate under this Act.

Save as provided by this Act or by regulations made thereunder, the rights conferred by this Act on a person receiving legal aid or legal advice under Part II, III or IV, as the case may be, shall not affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised.

The Minister may make regulations not inconsistent with this Act prescribing all matters (other than the rules regulating the practice and procedure of any court referred to in section 24) which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Without prejudice to the generality of subsection (1), the regulations may —

The regulations may apply generally to all legal matters, whether relating to proceedings in court or otherwise, or may apply to any specified class of matters or proceedings or to all matters or proceedings other than matters or proceedings of a specified class.

The regulations may impose a penalty not exceeding $1,000 for any breach of the regulations.

All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of 3 months from the date when the regulations are so presented annulling the regulations or any part thereof as from a specified date, the regulations or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new regulations.

Any person committed for trial under the provisions of the Criminal Procedure Code [Cap. 68] may, at any time within 14 days after committal, apply in writing in the prescribed form to a judge of the Supreme Court for legal aid for his defence.

Any person charged in a District Court may apply in writing in the prescribed form to a District Judge for legal aid for his defence.

Every application under this section shall be accompanied by a statutory declaration verifying the facts stated in the application.

Any person convicted of and sentenced for an offence by the High Court who desires to appeal to the appellate court against the conviction or sentence may make application to the judge by whom he was sentenced for legal aid for the preparation and conduct of the appeal.

Any person convicted of and sentenced for an offence by a District Court who desires to appeal to the High Court against the conviction or sentence may make application to the judge by whom he was convicted or sentenced for legal aid for the preparation and conduct of the appeal.

Where the Public Prosecutor has lodged notice of appeal against any judgment, sentence or order pronounced by a District Court, the respondent may make application to the judge by whom the judgment, sentence or order was pronounced for legal aid for resisting the appeal.

Any person making an application for legal aid under this section may be required to furnish a statutory declaration verifying any facts stated in the application.

Where application is made to a judge under section 5 or 6, the judge may refer the application to the Director of Social Welfare for a report on the means of the applicant.

If the judge is of opinion on the facts brought before him including any report by the Director of Social Welfare that the person making the application is without adequate means to obtain legal aid and that it is desirable in the interests of justice that such legal aid should be supplied, he shall certify this to the Director, who may thereupon cause arrangements to be made for the defence of that person and payment of the expenses of all material witnesses or for the preparation and conduct of the appeal or for resisting the appeal, as the case may be.

Any doubt whether an applicant’s means are sufficient to enable him to obtain legal aid or whether it is desirable in the interests of justice that he should have free legal aid shall be resolved in favour of the applicant.

For the purposes of this section, “Director of Social Welfare” means the person for the time being performing the duties of the Director of Social Welfare and includes such other officers as the Minister may, by notification in the Gazette, declare to be vested with the powers of the Director of Social Welfare for the purposes of this section.

Unless the regulations made under section 28 otherwise provide, the proceedings in connection with which legal aid may be given are any proceedings of a description mentioned in Part I of the Schedule, except proceedings mentioned in Part II of the Schedule.

The proceedings in connection with which legal aid may be given may be varied by regulations made under section 28 and the regulations may describe the proceedings to be included or excluded by reference to the court or tribunal, to the issues involved, to the capacity in which the person requiring legal aid is concerned, or otherwise.

Regulations made for the purpose of this section shall not provide for giving legal aid in connection with any proceedings before any court or tribunal before which persons have no right and are not normally allowed to be heard by a solicitor.

Any person who whether in his own right or in a representative capacity desires to be granted legal aid under this Part shall make application in that behalf to the Director; and every such application shall be in the prescribed form and accompanied by a statutory declaration verifying the facts stated in the application.

Where the person who desires to be granted legal aid under this Act is an infant the application under this section shall be made on behalf of the infant by his guardian.

Where any application is made on behalf of an infant under subsection (2) then —

In subsection (3) “near relative” means —

Before approving an application for legal aid, the Director shall refer the application to a board (referred to in this section as the board) consisting of the Director and not less than two solicitors whose names are on the appropriate panel maintained pursuant to section 4.

The Director may grant to the applicant a certificate (referred to in this Act as a legal aid certificate) that the applicant is entitled under the provisions of this Act to legal aid in connection with any proceedings where —

Notwithstanding section 11, the Director may grant to an applicant a legal aid certificate in connection with any proceedings where —

Any person to whom a legal aid certificate is granted under subsection (1) may be required to pay to the Director a contribution in respect of the sums payable on his account.

For the purposes of sections 11 and 12 —

“disposable capital” means the property of which the applicant is possessed or to which he is entitled exclusive of —

“disposable income” means the income of the applicant together with the income (if any) of the spouse of the applicant, during the period of 12 months next preceding the making of the application, after deducting therefrom —

For the purposes of sections 11(2)(b) and 12(1)(b), the Director may, in any case where an applicant is living separate and apart from his or her spouse, as the case may be, and where it appears to him in his absolute discretion to be reasonable to do so to relieve hardship, disregard the income of the spouse.

Notwithstanding sections 11 and 12, the Director may refuse legal aid if it appears to him unreasonable that the applicant should receive it in the particular circumstances of the case.

The contribution payable to the Director by any person to whom a legal aid certificate is granted under section 12 in respect of any proceedings may include —

Any such person may be required to make any contribution in one sum or by instalments.

If the total contribution made by a person in respect of any proceedings is more than the net liability of the Director on his account, the excess shall be repaid to him.

Except so far as regulations otherwise provide, any sums remaining unpaid on account of a person’s contribution in respect of any proceedings and, if the total contribution is less than the net liability of the Director on his account, a sum equal to the deficiency shall be a first charge on any property (wherever situate) which is recovered or preserved for that person in the proceedings.

The reference in subsection (4) to property recovered or preserved for any person shall include his rights under any settlement or compromise arrived at to avoid or bring to an end the proceedings and any sums recovered by virtue of an order for costs made in his favour in the proceedings (not being sums payable to the Director under section 19 or 21).

The charge created by subsection (4) on any damages or costs shall not prevent a court allowing them to be set off against other damages or costs in any case where a solicitor’s lien for costs would not prevent it.

References in this section to the net liability of the Director on any person’s account in relation to any proceedings refer to the aggregate amount of the sums paid or payable by the Director on his account and, where the person has been represented in the proceedings by the Director, such sums as would in the opinion of the Director have been payable on that person’s account had he been represented by a solicitor assigned to him in respect of those proceedings, and not recouped by sums which are recovered by virtue of an order or agreement for costs made in his favour with respect to those proceedings.

The Director may, at any time, and whether or not application has been made for the purpose, cancel any legal aid certificate issued under section 11 or 12, and subject to subsection (2), the person to whom the certificate was granted shall, as from the date of the cancellation, cease to be an aided person.

Where the legal aid certificate so cancelled has been filed in the registry of any court, the Director shall file in court a notification of the cancellation, and, as from the date of filing of such notification, the person to whom the legal aid certificate was granted shall cease to be an aided person.

Upon the filing in court of such notification, then, unless otherwise ordered by a judge of the court in which the litigation is pending, all proceedings in the litigation shall, by virtue of this subsection, be stayed for a period of 14 days and, subject as aforesaid, during such period, time fixed by or under any Act or by or under any Rules of Court, regulations or otherwise for the doing of any act or the taking of any step in the proceedings shall not run.

The time during which proceedings are stayed by virtue of subsection (3) may be reduced or extended by order of a judge of the court in which the litigation is pending.

The Director shall take such steps as seem to him reasonable or necessary to inform the person to whom a legal aid certificate has been granted of the cancellation of any such certificate.

Where a legal aid certificate is granted pursuant to section 11 or 12, the Director may act for the aided person or may assign a solicitor to be selected by the aided person, if he so desires, or otherwise by the Director from the appropriate panel maintained pursuant to section 4 so to act, and in such case shall endorse on the legal aid certificate the name of the solicitor so assigned:Provided that in any case where a solicitor is assigned to act after such certificate is filed in court, or in any case where a new assignment is made in lieu of a solicitor assigned previously, the Director shall not be required to endorse on the certificate the name of the solicitor so assigned, or newly assigned, as the case may be, but may, instead, give notice of such assignment or new assignment by letter to the proper officer of the court in which proceedings are pending.

Before taking any other step in the proceedings, the Director or the solicitor so assigned shall file the legal aid certificate in the registry of the court in which the proceedings are pending or are to be taken and no court fee shall be charged in respect of the filing of the certificate.

Where any legal aid certificate is so filed, the aided person —

Subject to sections 14 and 18, 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, shall take or agree to take or seek from an aided person any fee, profit or reward (pecuniary or otherwise) in respect thereof.

The Director may require any applicant for legal aid under this Part or any person to whom a legal aid certificate has been granted under section 11 to deposit with him 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 legal aid certificate relates.

Any amounts so deposited shall be used only for the payment of such out-of-pocket expenses and any part of any such amount not so expended shall be refunded.

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 his 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 he may consider necessary.

Any advance so made shall be used only for payment of such out-of-pocket expenses and any part of such amount not so expended shall be refunded to the Director.

Where it appears to a court or judge that a legal aid certificate granted under section 11 or 12 has been obtained by fraud or misrepresentation, the court or judge may order the aided person to pay the costs of the Director or of the solicitor who acted for him or the costs of the other party, or the costs of both the Director or the solicitor and the other party.

In subsection (1), a reference to an “aided person” shall include, in any case where the legal aid certificate has been cancelled before the making of the order, the person who immediately before the cancellation was the aided person.

Where it appears to a court or judge that an aided person has acted improperly in bringing or defending any legal proceedings or in the conduct of them, the court or judge may order the aided person to pay the costs of the Director or of the solicitor who acted for him or the costs of the other party, or the costs of both the Director or the solicitor and the other party.

Where an order is made under subsection (1) or (3), the costs shall be taxed as if the party ordered to pay them were not an aided person.

The costs so ordered to be paid shall, unless otherwise directed by the order, include —

Where the costs of the Director or the solicitor who acted for the aided person ordered to be paid under subsection (1) or (3) 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 shall be applied in the first instance in or towards the satisfaction of such fees, charges or sums.

An aided person shall not without the leave of the Director discharge any solicitor assigned to act for him under this Part.

Any solicitor assigned to act for an aided person shall not discontinue his aid without the leave of the Director:Provided that any solicitor may be represented by any other solicitor.

The court in which are taken proceedings to which an aided person is a party shall make, in favour of the aided person, the like order for costs (except against another aided person) as that court would have made in favour of the aided person had he not been an aided person, and in proceedings in which costs follow the event an aided person shall (except against another aided person) be entitled to costs in the like manner as if he were not an aided person, notwithstanding that no amount is or will be payable by the aided person, or that the costs are in excess of the amount which is or will be payable by the aided person.

Where any moneys are recovered by an aided person (whether in proceedings or by virtue of a settlement or compromise) he shall be liable to pay to the Director so much of the moneys so recovered as is recovered in respect of costs.

For the purposes of subsection (2), the moneys recovered in respect of costs shall be 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.

Where any moneys are recovered by a person to whom a legal aid certificate has been granted under section 11 (whether in proceedings or by virtue of a settlement or compromise) he shall, subject to this subsection, be liable to pay, out of moneys so recovered, to the Director the aggregate amount of the sums paid or payable by the Director on his account and, where such person has been represented in the proceedings by the Director, such sums as would in the opinion of the Director have been payable on his account had he been represented by a solicitor assigned to him:Provided that —

Without prejudice to the generality of subsections (1), (2), (3) and (4), “costs” includes —

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 shall be applied, in the first instance, in and towards satisfaction of such fees, charges or sums.

Where litigation has been instituted and any party makes an application for legal aid under this Act, the Director shall, as soon as practicable after the application is made, notify the other party or each of the other parties, and file in the court in which the litigation is pending, a memorandum of such notification and no fee shall be charged in respect of the filing of the memorandum.

Where any memorandum is so filed, then, unless otherwise ordered by a judge of the court in which the litigation is pending, all proceedings in the litigation shall, by virtue of this section, be stayed for a period of 14 days, and during that period (unless otherwise ordered by any such judge) time fixed by or under any Act or by or under any Rules of Court, regulations or otherwise for the doing of any act or the taking of any step in the proceedings shall not run:Provided that —

The time during which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge of the court in which the litigation is pending.

Where a legal aid certificate granted pursuant to section 11 or 12 has been filed in any court, and the proceedings to which the certificate relates have been heard in that court, and the aided person desires to prosecute any appeal or proceedings in the nature of an appeal therefrom, he shall not be entitled to prosecute such appeal or proceedings in the nature of an appeal as an aided person unless he files in the court in which the appeal or proceedings are to be heard a certificate from a solicitor (not being the solicitor who acted for the aided person in the proceedings) nominated by the Director stating that the solicitor has thoroughly examined the appellant’s case and is of the opinion that the appellant has good grounds of appeal, which grounds, together with the reasons therefor, shall be set out in detail in the certificate.

If any aided person prosecutes any such appeal or proceedings in the nature of an appeal without having filed the solicitor’s certificate referred to in subsection (1), he shall be deemed not to be an aided person.

Subject to this Part, legal advice shall be available to persons resident and present in Singapore.

Legal advice shall consist of oral advice on legal questions given by the Director or a solicitor whose name is on the appropriate panel of solicitors maintained pursuant to section 4 and shall include help in preparing an application for legal aid and in supplying information required in determining the disposable capital and disposable income of the applicant but shall not include advice on any law other than the law of Singapore.

Provision may be made by regulations made under this Act for further defining or restricting the questions on which legal advice may be given and for regulating all matters relating to fees, charges and costs in relation to the giving of legal advice.

A person seeking legal advice shall apply to the Director and shall be required —