LEGAL AID AND ADVICE ORDINANCE, 1956 (Legal Assistance in criminal matters)

Mr David Marshall asked the Minister for Health and Law whether Government has any plans for implementation of the provisions of the Legal Aid and Advice Ordinance, 1956, for legal assistance in criminal matters.

Mr K. M. Byrne: Mr Speaker, Sir, the answer is no. It is not considered that the time is opportune for the implementation of the provisions of the Legal Aid and Advice Ordinance, 1956, for legal assistance in criminal matters. The need at the moment is for the raising of the standard of prosecution in criminal cases. No request has been received from the Singapore Bar Committee for the implementation of the provisions of the Ordinance for legal assistance in criminal cases.

Mr David Marshall: Does the Minister really consider it necessary that the Bar Committee, the economics of whose individual members would be affected by the implementation, would seek implementation of those provisions? Is he going to wait till the Bar Committee asks for the implementation of the provisions of Part II which were passed six years ago?

Mr Byrne: Mr Speaker, Sir, this is not really a case of our waiting for a request from the Singapore Bar Committee. I know that a prosperous lawyer with a lucrative practice like the Member for Anson is not interested in the workings of the Legal Aid Bureau. But there are other counsel who are prepared to accept briefs from the Legal Aid Bureau. So I think it is unfair to insinuate that the reason why the Bar Committee has made no request for the implementation of the extension of the Ordinance to criminal cases is that it has vested interest in not making this application.

Mr David Marshall: I am asking the Minister: will he indicate the reason why provisions which were passed six years ago are not considered appropriate for implementation today?

Mr Byrne: Mr Speaker, Sir, I was prepared for this question.

Under the provisions of the Ordinance regarding legal aid assistance in criminal cases which are not in force, a Judge is obliged to grant free legal aid if he is satisfied that the applicant is without adequate means and that it is in the interests of justice that he should be assisted. It is also provided that any doubts with regard to these matters must be resolved in favour of the applicant. The system also provides for legal assistance in bringing appeals against convictions, and in resisting appeals brought by the Public Prosecutor.

Excluding the State Advocate-General and the Solicitor-General, there are 10 Crown Counsel fully employed in the State Advocate-General's Chambers in criminal work, and 5 legal officers in the Legal Aid Department to deal with purely civil matters. If the State were to provide for what amounts to free legal aid in nearly all criminal cases by virtue of that presumption which I have referred to, Mr Speaker, Sir, the size of the Legal Aid Department would have to be expanded considerably, and the State would he obliged, in effect, to undertake the defence of all those whom it prosecutes. A substantial amount of the work in the Lower Criminal Courts is concerned with private prosecutions for offences against the Penal Code and the Minor Offences Ordinance for which no assistance is provided by the State. If legal aid were to be extended to criminal cases, these cases could also be brought and defended at public expense. At present free legal assistance is granted to all persons accused of capital offences. The duty of Government should be to improve the standard of prosecution before introducing legal aid in criminal cases. There is provision in the Estimates for the recruitment of an experienced officer to undertake the prosecution of more important criminal cases so that we can have a prosecutor to match the Member for Anson. But up to date we have not been able to get a suitable person to fill this appointment.

Mr David Marshall: If it please you, Mr Speaker, Sir, I am indebted for your indulgence. I would like to ask the Minister whether he would not consider, in the light of the number of graduates now being turned out by the Faculty of Law of the University of Singapore, whether this is in fact an appropriate time to consider the implementation of provisions which would, it is true, require the enlargement of both the State Advocate-General's Chambers and the free Legal Aid Department.

Mr Byrne: Mr Speaker, Sir, this will take time. These graduates are very junior. They have to be trained in the work. I think when the time is opportune - it may not be within this Session - we will be able to do something in that direction.