Page:Public Defenders Act 2022.pdf/24

24 :(a) referring the applicant’s application to a solicitor, or assigning a solicitor to act for the aided accused person; or
 * (b) performing any of the Chief Public Defender’s functions imposed by or under this Act in respect of any other matter arising from the referral or assignment mentioned in paragraph (a).

(3) 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 an individual whose application is referred by the Chief Public Defender under section 12(5) to a body or organisation providing pro bono legal services, by reason only of the Chief Public Defender referring the individual’s application to that body or organisation.

(4) Despite subsection (1), the privileges mentioned in that subsection do not arise in relation to any information given to the Chief Public Defender concerning the means and other circumstances of the applicant in connection with an application for criminal defence aid.

(5) To avoid doubt, except where provided by subsection (4) or section 4(5), the Chief Public Defender must ensure that nothing is done by the Chief Public Defender which interferes with the privileges and rights which arise from the relationship of solicitor and client mentioned in subsection (1)(a)(ii) or (b)(ii).

(6) Except where otherwise provided by or under this Act, the rights conferred by this Act on an individual receiving criminal defence aid are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of a court is normally exercised.

False or misleading statement, etc.

23. If an individual who applies for or receives criminal defence aid—
 * (a) knowingly makes any false or misleading statement or representation in the application for criminal defence aid;