SINGAPORE – Individuals receiving criminal legal aid are no longer allowed to enter casinos and jackpot rooms here, or access their Singapore Pools betting account while they receive representation.

The new rule, which came into force on April 1, affects accused persons receiving defence aid from both the Public Defender’s Office (PDO) and under the Criminal Legal Aid Scheme (Clas), said the PDO on its website. Clas is run by Pro Bono SG, a charity.

These individuals will be allowed to access gambling venues only within two weeks after they no longer receive legal aid, or when their case is concluded in court, in a move welcomed by criminal lawyers.

A spokesman for the Ministry of Law (MinLaw) said the exclusion is meant to “safeguard the financial situation of aid recipients, in view of their financially vulnerable circumstances”.

“All existing recipients of criminal defence aid are affected by this exclusion. However, only a small number have records of visiting the casinos, jackpot machine rooms, or have an online gambling account with Singapore Pools,” added the spokesman.

The PDO, a department under MinLaw, was launched in December 2022 and covers Singapore citizens and permanent residents up to the 35th income percentile. Clients must also pass a merits test to assess whether they will benefit from representation or have reasonable grounds to defend or appeal against their case.

Public defenders do not cover certain types of offences, including those related to gambling, organised and syndicate crime, and terrorism.

Pro bono lawyers are also available from Clas which, unlike the PDO, also represents foreigners and covers offences including illegal moneylending. The Government has been funding 75 per cent of Clas since 2015.

Lawyers whom ST spoke to said the move was timely to prevent potential abuse of the system. They noted that the recent launch of the PDO means more taxpayers’ money is being channelled to providing legal aid.

Invictus Law founder Josephus Tan said: “It doesn’t really align if the client cannot afford legal representation but can afford to buy Toto.”

Singapore Pools told ST in a 2023 interview that half its business now comes through online. This includes the bulk of sports betting.

As with any other system, criminal legal aid is susceptible to abuse and the move is a step in the right direction in ensuring accountability of public monies, Mr Tan added.

“After all, the public might wonder why the state is using taxpayers’ money to fund a person charged with a crime and cannot afford legal representation, but yet has money to gamble,” he said.

Criminal lawyer Ramesh Tiwary concurred: “If other people in society are making sacrifices, for example, the lawyer, the taxpayers, or someone else who could have benefited from legal aid, then the recipients shouldn’t be seen as taking advantage of it.”

Asked why the exclusion order took effect only on April 1, the MinLaw spokesman said this is after the PDO was operationalised, and the necessary legislative amendments were put in place.

The Government has also been using a similar approach for existing recipients of government social assistance or subsidies and civil legal aid since 2013, he noted.

Lawyers said the gambling exclusion is unlikely to have been prompted by any abuses so far, but as a safeguard, given increased public spending on legal aid.

At the launch of the PDO in 2022, Deputy Prime Minister and Finance Minister Lawrence Wong said access to justice is essential to a fair and effective legal system, and having public defenders will widen such access for those facing criminal charges who previously could not afford legal counsel.

He added that Singapore has learnt from other jurisdictions’ experience in providing government-funded legal aid, and believes it is possible to do so in a practical and fiscally sustainable manner.

IRB Law’s Ashvin Hariharan noted that the new rule could also put legal aid recipients on a surer financial footing.

He said: “If those who are not very well-off are accused of a crime and need to receive legal aid, stopping them from gambling might help to prevent any more deterioration, especially if they already have committed other offences.”