Singapore legislation
Regulation 9
Regulation 9
Amendment of and prescribed circumstances for variation of Grant of Aid
Subregulation 1
The Chief Public Defender may amend a Grant of Aid if it appears to the Chief Public Defender that there has been any mistake or error in the Grant of Aid.
Subregulation 2
The Chief Public Defender may vary a Grant of Aid issued to an aided accused person in connection with any proceedings (called in this regulation the original proceedings) —
subject to paragraph (3), if it appears to the Chief Public Defender that it is appropriate in the circumstances within the meaning of section 12(1)(d) of the Act that the Grant of Aid be extended to any other proceedings (called in this regulation the new proceedings), whether or not the new proceedings may be taken together with the original proceedings before the court;
subject to paragraph (4), if it appears to the Chief Public Defender that arising from any change in circumstances, there are no longer merits to the continuation of criminal defence aid for some of the original proceedings for which the Grant of Aid was issued; or
if an aided accused person desires to change the solicitor who is acting for the aided accused person, or the solicitor assigned by the Chief Public Defender to act for the aided accused person has obtained the permission of the Chief Public Defender to discharge himself or herself from acting for the aided accused person.
Subregulation 3
Before the Chief Public Defender varies the Grant of Aid under paragraph (2)(a), the Chief Public Defender must consider whether —
there are merits to the new proceedings because —
in the case of new proceedings that 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 satisfied; or
in the case of new proceedings that 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 satisfied; and
in the case of new proceedings that are in respect of an excluded offence — the requirements of section 12(8) of the Act are satisfied.
Subregulation 4
Before the Chief Public Defender varies the Grant of Aid under paragraph (2)(b), the Chief Public Defender must consider whether —
in the case of original proceedings that 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 was applicable to the aided accused person’s application, are no longer satisfied; or
in the case of original proceedings that 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 was applicable to the aided accused person’s application, are no longer satisfied.