Singapore legislation

Section 5

of Legal Aid and Advice Act 1995

Section 5

Scope and general conditions of legal aid in civil actions

Amended by50/201850/201850/20186/20136/2013

(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).

Amended by50/2018

(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.

Amended by50/2018

(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.

Amended by50/2018

(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.

Amended by6/2013

(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.

Amended by6/2013

(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.