Singapore legislation

Regulation 11

of Public Defenders Regulations 2022

Regulation 11

Prescribed circumstances for cancellation of Grant of Aid

Subregulation 1

The Chief Public Defender may cancel a Grant of Aid —

(a)

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

(b)

where an individual has been required to make a contribution under section 17 of the Act and any payment in respect of the contribution is more than 30 days in arrears;

(c)

if the Chief Public Defender is satisfied that the proceedings to which the Grant of Aid relates have been disposed of; or

(d)

if the Chief Public Defender is satisfied that the individual to whom it is issued has died.

Subregulation 2

Subject to paragraphs (3), (4) and (5), the Chief Public Defender may cancel a Grant of Aid issued to an aided accused person if —

(a)

the Chief Public Defender has reasonable grounds to suspect that the aided accused person has committed, is committing, or is attempting to commit, an offence under section 23 of the Act;

(b)

as a result of a further determination, the Chief Public Defender is satisfied that the applicable prescribed means criteria set out in the First Schedule are not satisfied;

(c)

the Chief Public Defender is satisfied that the aided accused person has breached any of the terms upon which a Grant of Aid was issued to the aided accused person;

(d)

the Chief Public Defender is satisfied that the aided accused person —

(i)

has required the proceedings to which the Grant of Aid relates to be conducted unreasonably so as to incur an unjustifiable expense;

(ii)

has required his or her defence to be conducted in an extravagant or unnecessary manner;

(iii)

has required the proceedings to which the Grant of Aid relates to be commenced, continued or conducted in a manner that amounts to an abuse of the process of a court; or

(iv)

has otherwise required unreasonably that the proceedings to which the Grant of Aid relates be continued; or

(e)

as a result of information coming to the knowledge of the Chief Public Defender after the Grant of Aid was issued or varied, the Chief Public Defender is satisfied there are no longer merits to the continuation of criminal defence aid for all of the proceedings to which the Grant of Aid relates.

Subregulation 3

If the proceedings to which the Grant of Aid relates are in respect of one or more offences that are not in any class of offences set out in the Second Schedule, before the Chief Public Defender cancels the Grant of Aid under paragraph (2)(d), the Chief Public Defender must consider whether the board is of the opinion that any of the grounds for cancellation under paragraph (2)(d) are satisfied.

Subregulation 4

Before the Chief Public Defender cancels the Grant of Aid under paragraph (2)(e), the Chief Public Defender must consider whether —

(a)

if the proceedings to which the Grant of Aid relates are only in respect of one or more offences that are in any class of offences set out in the Second Schedule — the requirements of section 12(1)(c)(i)(A), (B) or (C) of the Act, whichever is applicable, are no longer satisfied in respect of all the proceedings; or

(b)

if the proceedings to which the Grant of Aid relates are in respect of one or more offences that are not in any class of offences set out in the Second Schedule — the board is of the opinion that the requirements of section 12(1)(c)(i)(A), (B) or (C) of the Act, whichever is applicable, are no longer satisfied in respect of all the proceedings.

Subregulation 5

A Grant of Aid must not be cancelled under paragraph (2) unless the aided accused person is given an opportunity to show cause why the Grant of Aid should not be cancelled.