Page:Public Defenders Act 2022.pdf/23

Rh (2) The Chief Public Defender or a public defender is not personally liable for any costs awarded against him or her. PART 4 MISCELLANEOUS Privileges and rights attaching to certain relationships

22.—(1) The same privileges and rights that arise from the relationship of solicitor and client, when a solicitor acts in the solicitor’s professional capacity and in the course of the solicitor’s professional employment, arise from the following relationships:
 * (a) in relation to an application for criminal defence aid—
 * (i) the relationship between the applicant for criminal defence aid, and the Chief Public Defender and every public defender to whom the application is referred; or
 * (ii) the relationship between the applicant for criminal defence aid and an assigned solicitor to whom the Chief Public Defender refers the application;
 * (b) in relation to a Grant of Aid—
 * (i) the relationship between an aided accused person, and the Chief Public Defender and every public defender who acts for the aided accused person in any proceedings to which the Grant of Aid relates; or
 * (ii) the relationship between an aided accused person and an assigned solicitor who acts for the aided accused person in any proceedings to which the Grant of Aid relates.

(2) To avoid doubt, the same privileges and rights mentioned in subsection (1) and the relationship of solicitor and client do not arise between the Chief Public Defender, and the applicant or aided accused person mentioned in subsection (1)(a)(ii) or (b)(ii) (as the case may be), by reason only of the Chief Public Defender—