Singapore legislation
Regulation 14
Regulation 14
Conducting the defence in criminal proceedings
Subregulation 1
The following principles guide the interpretation of this rule.Principles(a)A legal practitioner who represents an accused person in any criminal proceedings is under a fundamental duty to assist in the administration of justice.(b)A legal practitioner who represents an accused person in any criminal proceedings must present the accused person’s case and behave in a manner which is consistent with the aims of these Rules, and must comply with the constitutional, evidential and procedural rules which operate in a criminal trial.
Subregulation 2
A legal practitioner who represents an accused person in any criminal proceedings must pursue every reasonable defence, and raise every favourable factor, on behalf of the accused person in accordance with law.
Subregulation 3
A legal practitioner who represents an accused person —
must not provide any surety or bail for the accused person;
must not express the legal practitioner’s personal opinion as to whether the accused person is guilty, or allow the legal practitioner’s personal opinion as to whether the accused person is guilty to affect the legal practitioner’s professional assessment of the facts or the law, the legal practitioner’s conduct of the criminal proceedings, or the legal practitioner’s duty to the accused person or the court;
must not be absent from a trial or hearing without reasonable grounds;
must, if absent from a trial or hearing —
communicate the grounds for the legal practitioner’s absence to the accused person before the trial or hearing; and
make reasonable efforts to arrange for another legal practitioner to take over the conduct of the trial or hearing; and
must continue to reasonably assist the accused person after the accused person is convicted and sentenced.
Subregulation 4
Where a legal practitioner represents an accused person, and the accused person confesses to any offence to the legal practitioner, the legal practitioner —
may continue to represent the accused person; but(b)must not adduce any evidence or make any submission which is inconsistent with the confession by the accused person.
Subregulation 5
A legal practitioner —
must advise an accused person he or she represents on —
whether to plead guilty, or to claim trial, to a charge; and
whether to give evidence or to remain silent in the accused person’s defence; and
must abide by the decision of the accused person.
Subregulation 6
If an accused person absconds, the legal practitioner representing the accused person may —
apply to be discharged from acting in the matter; or
conduct the defence on the basis of instructions received as if the accused person was present but elected to remain silent.
Subregulation 7
If an accused person has pleaded guilty or has been convicted after trial, the legal practitioner representing the accused person, when presenting a plea in mitigation, must not make any allegation which is scandalous or is intended or calculated to vilify, insult or annoy any person.
Subregulation 8
If an accused person has any previous conviction or antecedent, the legal practitioner representing the accused person is not required to disclose such antecedent, but must not adduce any evidence or make any submission which is inconsistent with the previous conviction or antecedent of the accused person.