Legal Aid and Advice Regulations

These Regulations may be cited as the Legal Aid and Advice Regulations.

In these Regulations, unless the context otherwise requires —“board” means a board consisting of the Director and not fewer than 2 solicitors on an appropriate panel of solicitors maintained under section 4 of the Act;[Deleted by S 215/2025 wef 01/04/2025][Deleted by S 355/2013 wef 01/07/2013][Deleted by S 692/2019 wef 16/10/2019]“Provisional Grant of Aid” means a Grant of Aid issued on a provisional basis under section 8(2) of the Act;“working day” means any day other than a Saturday, Sunday or public holiday.

“board” means a board consisting of the Director and not fewer than 2 solicitors on an appropriate panel of solicitors maintained under section 4 of the Act;

“Provisional Grant of Aid” means a Grant of Aid issued on a provisional basis under section 8(2) of the Act;

“working day” means any day other than a Saturday, Sunday or public holiday.

[Deleted by S 271/2016 wef 10/06/2016]

[Deleted by S 215/2025 wef 01/04/2025]

For the purposes of section 8(1)(a) of the Act, the prescribed means criteria are set out in the First Schedule.

For the purposes of section 8(1)(b)(i) of the Act, the prescribed classes of proceedings are set out in the Second Schedule.

[Deleted by S 400/2019 wef 31/05/2019]

[Deleted by S 400/2019 wef 31/05/2019]

The Director shall not issue a Grant of Aid to an applicant who is applying for it on behalf of a minor unless the applicant has signed an undertaking to pay to the Director (if called upon to do so) any sum which, by virtue of any provision of the Act or these Regulations, the Director may require an aided person of full age and capacity to pay upon the issue or during the currency or upon cancellation of the Grant of Aid.

Any Grant of Aid referred to in this regulation shall be in the name of the minor and shall also state the name of the person who applied for the Grant on behalf of the minor.

In any matter relating to the issue, amendment or cancellation of a Grant of Aid issued under this regulation, and in any other matter which may arise as between an aided person and the Director, the person by whom the minor has applied for the Grant shall be treated for all purposes (including the receipt of documents) as the agent of the minor.

For the purposes of section 6(6) of the Act, the prescribed time is 6 months.

[Deleted by S 400/2019 wef 31/05/2019]

The Director shall not issue a Grant of Aid to an applicant who is applying for it on behalf of a minor unless the applicant has signed an undertaking to pay to the Director (if called upon to do so) any sum which, by virtue of any provision of the Act or these Regulations, the Director may require an aided person of full age and capacity to pay upon the issue or during the currency or upon cancellation of the Grant of Aid.

Any Grant of Aid referred to in this regulation shall be in the name of the minor and shall also state the name of the person who applied for the Grant on behalf of the minor.

In any matter relating to the issue, amendment or cancellation of a Grant of Aid issued under this regulation, and in any other matter which may arise as between an aided person and the Director, the person by whom the minor has applied for the Grant shall be treated for all purposes (including the receipt of documents) as the agent of the minor.

For the purposes of section 6(6) of the Act, the prescribed time is 6 months.

For the purposes of section 6A(5)(b) of the Act, the other prescribed criteria that a person must meet to be a professional deputy are all of the following: (a)the person is a citizen or permanent resident of Singapore;

the person has attained 21 years of age;

the person is not a bankrupt or discharged bankrupt, and does not have any pending bankruptcy proceedings against him;

the person has not had a judgment entered against him, and does not have a claim made against him, in any specified civil proceeding (whether before, on or after 1 April 2025);

the person has not been convicted (whether before, on or after 1 April 2025) of any specified offence, and does not have any pending criminal proceeding against him in respect of any specified offence;

the person is not related to P, for whom the person intends to make an application for legal aid.

In paragraph (1) —

“P” means a person who lacks capacity as mentioned in section 6A(1)(a) of the Act;

“related”, in relation to P, means related to P by an adoption order, blood or marriage;

“specified civil proceeding”, in relation to a person, means a civil proceeding (whether in Singapore or elsewhere) involving an allegation against the person of deceit, fraud or fraudulent misrepresentation, breach of fiduciary duty or breach of trust;

“specified offence” means —

an offence of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty;

an offence specified in Chapter 8, 14 or 16 of the Penal Code 1871;

an offence specified in the Public Order Act 2009 or in Part 3 of the Miscellaneous Offences (Public Order and Nuisance) Act 1906; or (d)an offence under a law of a foreign territory similar to an offence mentioned in paragraph (a), (b) or (c).

A Grant of Aid may be issued in respect of the whole or a part of —

proceedings in a court of first instance; or

proceedings in an appellate court,but it shall not relate to proceedings (other than interlocutory appeals) both in a court of first instance and in an appellate court.

A Grant of Aid shall not relate to more than one action, cause or matter, but may include proceedings for the enforcement of any such order or agreement as is referred to in regulation 14(4).

In determining whether any contribution should be paid by an aided person in one sum or by instalments, the Director shall have regard to all the circumstances, including the probable length of time which any Grant of Aid issued as a result of the application will be in force, and the Director may order the contribution to be paid in instalments or the whole or a part of it to be paid before the issue of the Grant.

After an application for a Grant of Aid has been approved, the Director shall notify the applicant of the terms upon which the Grant of Aid will be issued to the applicant.

When an applicant has accepted the terms for the issue of a Grant of Aid and paid the contribution or any part thereof which is required to be paid before the issue of the Grant, the Director shall issue to the applicant a Grant of Aid.

A Grant of Aid may be issued in respect of the whole or a part of —

proceedings in a court of first instance; or

proceedings in an appellate court,but it shall not relate to proceedings (other than interlocutory appeals) both in a court of first instance and in an appellate court.

A Grant of Aid shall not relate to more than one action, cause or matter, but may include proceedings for the enforcement of any such order or agreement as is referred to in regulation 14(4).

In determining whether any contribution should be paid by an aided person in one sum or by instalments, the Director shall have regard to all the circumstances, including the probable length of time which any Grant of Aid issued as a result of the application will be in force, and the Director may order the contribution to be paid in instalments or the whole or a part of it to be paid before the issue of the Grant.

After an application for a Grant of Aid has been approved, the Director shall notify the applicant of the terms upon which the Grant of Aid will be issued to the applicant.

When an applicant has accepted the terms for the issue of a Grant of Aid and paid the contribution or any part thereof which is required to be paid before the issue of the Grant, the Director shall issue to the applicant a Grant of Aid.

The Director may amend a Grant of Aid —

where it appears to him that there has been some error or mistake in the Grant;

when, in relation to a Grant of Aid issued in connection with any proceedings mentioned in the Second Schedule, the Director is of the opinion that it has become desirable either for the Grant —

to be extended to other proceedings, being part of the same action, cause or matter to which the Grant relates, or proceedings for the enforcement of any such order or agreement as is referred to in regulation 14(4); or

not to extend to some of the proceedings in respect of which it was issued; or

when an aided person desires to change the solicitor who is acting for him or the solicitor assigned by the Director to act for the aided person discharges himself from acting for the aided person.

The Director may amend a Grant of Aid issued in connection with any proceedings other than those mentioned in the Second Schedule if, in the opinion of a board, the Grant of Aid should —

be extended to other proceedings, being part of the same action, cause or matter to which the Grant relates, or proceedings for the enforcement of any such order or agreement mentioned in regulation 14(4); or

not be extended to some of the proceedings in respect of which it was issued.

The Director may amend a Grant of Aid —

where it appears to him that there has been some error or mistake in the Grant;

when, in relation to a Grant of Aid issued in connection with any proceedings mentioned in the Second Schedule, the Director is of the opinion that it has become desirable either for the Grant —

to be extended to other proceedings, being part of the same action, cause or matter to which the Grant relates, or proceedings for the enforcement of any such order or agreement as is referred to in regulation 14(4); or

not to extend to some of the proceedings in respect of which it was issued; or

when an aided person desires to change the solicitor who is acting for him or the solicitor assigned by the Director to act for the aided person discharges himself from acting for the aided person.

The Director may amend a Grant of Aid issued in connection with any proceedings other than those mentioned in the Second Schedule if, in the opinion of a board, the Grant of Aid should —

be extended to other proceedings, being part of the same action, cause or matter to which the Grant relates, or proceedings for the enforcement of any such order or agreement mentioned in regulation 14(4); or

not be extended to some of the proceedings in respect of which it was issued.

A Provisional Grant of Aid remains in force for a period not exceeding 3 months, unless the period is extended under paragraph (2).

The Director may, if the Director considers appropriate in any particular case, extend the period mentioned in paragraph (1) by one or more further periods not exceeding 3 months each.

The Provisional Grant of Aid ceases to have effect on the date that the Director issues a Grant of Aid under section 8(1) of the Act to the applicant in respect of the proceedings to which the Provisional Grant of Aid relates.

If the Director refuses an application for legal aid under section 8(1) of the Act, the Director must as soon as practicable cancel the Provisional Grant of Aid that was issued pending the determination of that application.

The Director must as soon as practicable notify all parties concerned if a Provisional Grant of Aid is cancelled or extended.

A Provisional Grant of Aid remains in force for a period not exceeding 3 months, unless the period is extended under paragraph (2).

The Director may, if the Director considers appropriate in any particular case, extend the period mentioned in paragraph (1) by one or more further periods not exceeding 3 months each.

The Provisional Grant of Aid ceases to have effect on the date that the Director issues a Grant of Aid under section 8(1) of the Act to the applicant in respect of the proceedings to which the Provisional Grant of Aid relates.

If the Director refuses an application for legal aid under section 8(1) of the Act, the Director must as soon as practicable cancel the Provisional Grant of Aid that was issued pending the determination of that application.

The Director must as soon as practicable notify all parties concerned if a Provisional Grant of Aid is cancelled or extended.

The Director may cancel a Grant of Aid —

at any time at the request of the person to whom it is issued;

where an aided person has been required to make —

a contribution under section 22A(1) of the Act;

a deposit in respect of out-of-pocket expenses under section 13(1) of the Act; or

a repayment of any amount expended or advanced by the Director to meet out-of-pocket expenses under section 13(6) of the Act,and any payment in respect thereof is more than 30 days in arrears;

if the Director is satisfied that the proceedings to which the Grant relates have been disposed of;

if the Director has reasonable grounds to suspect that the aided person has committed, is committing, or is attempting to commit, an offence under section 21 of the Act;

if, as a result of a further determination, the Director is satisfied that —

the aided person does not satisfy the means criteria set out in the First Schedule; or (ii)where the aided person is a professional deputy in relation to P (as defined in regulation 4A(2)) — P does not satisfy the means criteria set out in the First Schedule for the purposes of section 6A(2)(b) (read with section 8(1)(a)) of the Act;

if the Director is satisfied that the aided person has died;

if the Director is satisfied that the aided person has had a bankruptcy order made against the aided person, whether in Singapore or elsewhere;

where the Grant of Aid was issued to an aided person who is a professional deputy in relation to P (as defined in regulation 4A(2)) — if the Director is satisfied that the aided person no longer meets the criteria set out in section 6A(5)(a) of the Act or regulation 4A(1) to continue to be a professional deputy in relation to P; or

if the Director is satisfied that the aided person has breached any of the terms upon which a Grant of Aid was issued to him.

Subject to paragraph (2), the Director may cancel a Grant of Aid if —

a board is satisfied that the aided person —

has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense that should not be borne by the Grant of Aid issued to the aided person; or

has required unreasonably that the proceedings be continued; or

as a result of any information coming to the knowledge of members of a board, the board considers that —

the aided person no longer has reasonable grounds for taking, defending or being a party to the proceedings; or

it is unreasonable in the particular circumstances for the aided person to continue to receive legal aid.

A Grant of Aid shall not be cancelled under paragraph (1)(d), (e), (h) or (i) or (1A) until the aided person has been given an opportunity to show cause why the Grant should not be cancelled.

At any time during the hearing of any proceedings to which an aided person is a party, the court may, upon application by or on behalf of any other party to the proceedings or by the Director, consider whether the aided person —

has wilfully failed to comply with any regulation as to the information to be furnished by him; or

in furnishing any such information has knowingly made a false statement or false representation.

On any application under paragraph (3), the court may make an order cancelling the Grant of Aid from such date as may be appropriate and the court’s decision shall be final except that no order shall be made under this paragraph until the aided person has been given an opportunity to show cause why the Grant should not be cancelled.

When the Director cancels a Grant of Aid, he shall as soon as practicable issue a notice of cancellation to the aided person.

Where the Grant of Aid so cancelled has been filed in the registry of any court, the Director shall as soon as practicable file a notification with that registry.

Where the court makes an order cancelling a Grant of Aid, the officer of the court shall as soon as practicable inform the Director.

The Director may cancel a Grant of Aid —

at any time at the request of the person to whom it is issued;

where an aided person has been required to make —

a contribution under section 22A(1) of the Act;

a deposit in respect of out-of-pocket expenses under section 13(1) of the Act; or

a repayment of any amount expended or advanced by the Director to meet out-of-pocket expenses under section 13(6) of the Act,and any payment in respect thereof is more than 30 days in arrears;

if the Director is satisfied that the proceedings to which the Grant relates have been disposed of;

if the Director has reasonable grounds to suspect that the aided person has committed, is committing, or is attempting to commit, an offence under section 21 of the Act;

if, as a result of a further determination, the Director is satisfied that —

the aided person does not satisfy the means criteria set out in the First Schedule; or (ii)where the aided person is a professional deputy in relation to P (as defined in regulation 4A(2)) — P does not satisfy the means criteria set out in the First Schedule for the purposes of section 6A(2)(b) (read with section 8(1)(a)) of the Act;

if the Director is satisfied that the aided person has died;

if the Director is satisfied that the aided person has had a bankruptcy order made against the aided person, whether in Singapore or elsewhere;

where the Grant of Aid was issued to an aided person who is a professional deputy in relation to P (as defined in regulation 4A(2)) — if the Director is satisfied that the aided person no longer meets the criteria set out in section 6A(5)(a) of the Act or regulation 4A(1) to continue to be a professional deputy in relation to P; or

if the Director is satisfied that the aided person has breached any of the terms upon which a Grant of Aid was issued to him.

Subject to paragraph (2), the Director may cancel a Grant of Aid if —

a board is satisfied that the aided person —

has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense that should not be borne by the Grant of Aid issued to the aided person; or

has required unreasonably that the proceedings be continued; or

as a result of any information coming to the knowledge of members of a board, the board considers that —

the aided person no longer has reasonable grounds for taking, defending or being a party to the proceedings; or

it is unreasonable in the particular circumstances for the aided person to continue to receive legal aid.

A Grant of Aid shall not be cancelled under paragraph (1)(d), (e), (h) or (i) or (1A) until the aided person has been given an opportunity to show cause why the Grant should not be cancelled.

At any time during the hearing of any proceedings to which an aided person is a party, the court may, upon application by or on behalf of any other party to the proceedings or by the Director, consider whether the aided person —

has wilfully failed to comply with any regulation as to the information to be furnished by him; or

in furnishing any such information has knowingly made a false statement or false representation.

On any application under paragraph (3), the court may make an order cancelling the Grant of Aid from such date as may be appropriate and the court’s decision shall be final except that no order shall be made under this paragraph until the aided person has been given an opportunity to show cause why the Grant should not be cancelled.

When the Director cancels a Grant of Aid, he shall as soon as practicable issue a notice of cancellation to the aided person.

Where the Grant of Aid so cancelled has been filed in the registry of any court, the Director shall as soon as practicable file a notification with that registry.

Where the court makes an order cancelling a Grant of Aid, the officer of the court shall as soon as practicable inform the Director.

Subject to this regulation, a person whose Grant of Aid is cancelled shall, from the date that the Grant is cancelled, cease to be an aided person in the proceedings to which the Grant relates.

Upon receipt by him of a notice of cancellation of a Grant of Aid by the Director or the court, the retainer of any solicitor, if any, acting for the aided person to proceedings to which the Grant relates shall as soon as practicable determine.

Upon determination of proceedings under this regulation —

the costs of the proceedings, to which the Grant relates, incurred by or on behalf of the person to whom it was issued, shall, as soon as practicable thereafter, be assessed by the court and, if applicable, assessed in accordance with regulation 15; and

the Director shall remain liable for the payment of any costs so assessed.

Where a Grant of Aid has been cancelled, section 22A of the Act shall apply to any property recovered or preserved as a result of the person, whose Grant has been cancelled, continuing to be a party to the proceedings to which the cancelled Grant relates.

Where a Grant of Aid has been cancelled, the person to whom the Grant was issued shall remain liable for the payment of his maximum contribution, if any, as determined by the Director up to the amount paid or payable by the Director under paragraph (3)(b), and where he continues to take, defend or be a party to the proceedings to which the Grant relates —

section 16 of the Act, which relates to sums recovered by virtue of a settlement or compromise relating to costs made in favour of an aided person, shall apply in so far as the costs were incurred while he was an aided person; and

section 14 of the Act, which relates to an aided person’s liability by virtue of an order for costs made against him, shall apply in so far as the costs were incurred while he was an aided person.

Subject to this regulation, a person whose Grant of Aid is cancelled shall, from the date that the Grant is cancelled, cease to be an aided person in the proceedings to which the Grant relates.

Upon receipt by him of a notice of cancellation of a Grant of Aid by the Director or the court, the retainer of any solicitor, if any, acting for the aided person to proceedings to which the Grant relates shall as soon as practicable determine.

Upon determination of proceedings under this regulation —

the costs of the proceedings, to which the Grant relates, incurred by or on behalf of the person to whom it was issued, shall, as soon as practicable thereafter, be assessed by the court and, if applicable, assessed in accordance with regulation 15; and

the Director shall remain liable for the payment of any costs so assessed.

Where a Grant of Aid has been cancelled, section 22A of the Act shall apply to any property recovered or preserved as a result of the person, whose Grant has been cancelled, continuing to be a party to the proceedings to which the cancelled Grant relates.

Where a Grant of Aid has been cancelled, the person to whom the Grant was issued shall remain liable for the payment of his maximum contribution, if any, as determined by the Director up to the amount paid or payable by the Director under paragraph (3)(b), and where he continues to take, defend or be a party to the proceedings to which the Grant relates —

section 16 of the Act, which relates to sums recovered by virtue of a settlement or compromise relating to costs made in favour of an aided person, shall apply in so far as the costs were incurred while he was an aided person; and

section 14 of the Act, which relates to an aided person’s liability by virtue of an order for costs made against him, shall apply in so far as the costs were incurred while he was an aided person.