SINGAPORE - The Chief Public Defender, who will head the Public Defender's Office (PDO) targeted to be set up by year end, can approve criminal legal aid to Singaporeans and permanent residents who pass the means and merits tests, but can also refuse to give aid.

However, the Law Minister can override any decision not to grant aid, such as when individuals who fail the means test are unable to afford lawyers due to medical illnesses or caregiving obligations.

But those who abuse the system by making false statements about their means can face a maximum fine of $5,000 or a maximum jail term of six months.

These are the key elements of a Bill introduced on Monday (July 4) which, if passed by Parliament, paves the way for the PDO to administer criminal legal aid as a department under the Ministry of Law (MinLaw).

In April, Law Minister K. Shanmugam announced the move to set up the fully government-funded PDO to provide legal aid to the needy who are facing criminal charges but cannot afford to hire lawyers.

The scheme will cover up to the 35th percentile of resident households. This is equivalent to a monthly per capita household income of up to $1,500.

Mr Shanmugam had said in his ministerial statement that this was to enhance access to justice for vulnerable individuals in Singapore.

The move marked a significant shift in the Government's stance on criminal legal aid.

It followed a fundamental shift in 2015, when the Government started funding the Criminal Legal Aid Scheme, which was founded by the Law Society in 1985.

On Monday, MinLaw introduced the Public Defenders Bill to provide for the appointment of a Chief Public Defender and public defenders; the scope of criminal legal aid coverage, the processes relating to the granting of aid; and a penalty framework.

The ministry said the Chief Public Defender will be authorised to appoint public officers and other individuals to carry out duties as public defenders.

The Bill also provides for the PDO to provide criminal legal aid to eligible Singaporeans and permanent residents charged with non-capital offences.

Regulatory offences such as traffic summonses and minor statutory board charges, as well as 10 specific Acts, are excluded.

The 10 Acts relate to gambling and betting, organised and syndicated crimes, and terrorism.

MinLaw said the Chief Public Defender may approve an application for criminal legal aid if the applicant satisfies both the means and merits tests.

Where the applicant does not satisfy the means test, the Bill allows the minister to authorise the Chief Public Defender to grant aid if he is of the opinion that it is just and proper that aid be granted.

This flexibility allows extenuating factors such as an applicant's medical illnesses and caregiving obligations to be considered when granting aid, said MinLaw.

It added that the minister's power to override the Chief Public Defender's decision to refuse to give aid is no different from the approach for government-funded civil legal aid administered by the Legal Aid Bureau.

For the merits test, aid can be granted where the applicant requires legal representation to plead guilty or there are reasonable grounds for defence.

The merits test is conducted by the Chief Public Defender, or for certain offences, by a board comprising the Chief Public Defender and at least two private practice lawyers.

The Bill also gives the Chief Public Defender the discretion to refuse to grant aid where it is not appropriate to do so, such as in cases with established sentencing frameworks.

The minister also has the discretion to override such a decision if he is of the opinion that it is in the interests of justice to do so, said MinLaw.

The Chief Public Defender will also have the power to require an applicant to co-pay the costs of legal aid and the discretion to reduce, waive or refund any such payment.