New Public Defender’s Office allows more low-income people to have access to legal help

Former deputy public prosecutor Wong Kok Weng was named the Chief Public Defender at the launch of the Public Defender’s Office on Thursday. ST PHOTO: KELVIN CHNG

SINGAPORE - More low-income Singaporeans and permanent residents (PRs) accused of non-capital offences will get access to government-funded defence counsel, following the launch of the Public Defender’s Office (PDO) on Thursday.

The PDO, a department under the Ministry of Law (MinLaw), will cover those up to the 35th income percentile, up from the 25th percentile covered by the Criminal Legal Aid Scheme run by Pro Bono SG.

Former deputy public prosecutor (DPP) Wong Kok Weng was named the Chief Public Defender at the launch held at the State Courts on Thursday.

“With the setting up of the PDO, the doors of access to justice have been further widened. More persons facing criminal charges who cannot afford legal counsel can now have access to legal help and representation in court through public defenders,” said Mr Wong.

“Access to justice is essential to a fair and effective legal system... To ensure that the law is applied fairly and equally in Singapore, one key enabler is for all Singaporeans to have access to legal help and representation in court.”

As Chief Public Defender, Mr Wong will assign public defenders to represent accused individuals who need them. He will also approve criminal legal aid for Singaporeans and PRs who pass the means and merits tests. He can also refuse to give aid, but the Law Minister can override such a decision.

Mr Wong was a DPP in the crime division of the Attorney-General’s Chambers (AGC) from 2000 to 2022 and was a senior director there. Prior to that, he was a legal counsel at the Ministry of Defence from 1991 to 2000, and a magistrate at the then Subordinate Courts from 1988 to 1991.

He also chaired a committee in 2013 that looked into providing support during criminal investigations for accused individuals who had mental disorders or intellectual disabilities. This led to the launch of the Appropriate Adult Scheme in 2015. The scheme allows trained volunteers, known as “appropriate adults”, to accompany those with mental disorders during interviews with the authorities.

There are now 11 public defenders in the PDO, including fresh graduates and those in mid-career, and two more are set to join the office in the coming weeks. Mr Wong said they will work with Pro Bono SG to deliver criminal legal aid and also work with senior members of the Bar.

MinLaw said cases that are assessed to be urgent, such as remand cases where the applicant’s likely sentence would be less than the remand period, or cases involving minors under 21 years old, will be represented by a public defender. Other eligible cases will be shared between the PDO and Pro Bono SG.

The PDO was launched by Deputy Prime Minister and Finance Minister Lawrence Wong, who noted that funding was one of the concerns of the Ministry of Finance, having seen how governments in other jurisdictions with fully funded government legal aid experienced high costs and had to make drastic cuts.

He said: “Having learnt from experiences elsewhere, we believe it is possible to structure government-funded legal aid in Singapore in a practical and fiscally sustainable manner.

“To be clear, what we are doing will still require more funding from the Government. But I am happy to support the additional resources, including money and manpower, as I believe it will be money well spent for an important, fair and just cause.”

DPM Wong noted that beyond providing legal advice and representation, the PDO will also strengthen social support for vulnerable Singaporeans by working with social service offices in the Ministry of Social and Family Development and other community organisations.

“All of this will ensure that the Government can provide a wider net of support to help applicants and their families through difficult times,” said DPM Wong, who also acknowledged that several of the public defenders were taking pay cuts to join the PDO.

(From left) Senior Parliamentary Secretary for Law Rahayu Mahzam, Chief Justice Sundaresh Menon, DPM Lawrence Wong, Minister for Law K. Shanmugam, Second Minister for Law Edwin Tong and Attorney-General Lucien Wong at the launch of the Public Defender’s Office on Dec 1, 2022. ST PHOTO: KELVIN CHNG

The launch was attended by Chief Justice Sundaresh Menon, Minister for Law and Home Affairs K. Shanmugam, Minister for Culture, Community and Youth and Second Minister for Law Edwin Tong, Senior Parliamentary Secretary for Law Rahayu Mahzam, Attorney-General Lucien Wong and other members of the legal fraternity.

Asked what would be the measure of success for the PDO, Mr Shanmugam said it would be the office’s ability to help accused people by giving honest advice and, where the defender takes a differing view from the prosecutor, take it up in court and challenge the facts.

“I am sure AGC will take those views seriously too, so I think it makes for a better justice system. It is a very significant step,” he said.

Singaporeans and PRs can apply for criminal defence aid online at the PDO’s website at https://pdo.mlaw.gov.sg/

They can also apply in person at MinLaw’s Services Centre or the State Courts’ Help Centre. Applicants in remand or prison can apply through the Singapore Prison Service.

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