Page:Public Defenders Act 2022.pdf/6

6 PART 2 APPOINTMENT OF CHIEF PUBLIC DEFENDER, SOLICITORS, ETC. Appointment of Chief Public Defender, etc.

3.—(1) The Minister must appoint a Chief Public Defender who is responsible for carrying out this Act and for the administration of the Public Defender’s Office.

(2) In addition, the Minister may appoint any number of Deputy Chief Public Defenders and Assistant Chief Public Defenders that the Minister considers necessary to assist the Chief Public Defender.

(3) An individual must not be appointed to be or to act temporarily as the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender unless the individual is—
 * (a) a qualified person as defined in section 2(1) of the Legal Profession Act 1966; or
 * (b) a solicitor.

(4) A Deputy Chief Public Defender and an Assistant Chief Public Defender have all the powers and may perform all the functions of the Chief Public Defender, except the powers exercisable under subsection (6).

(5) Except in subsection (6), or unless the context otherwise requires, any reference in this Act to the Chief Public Defender includes a reference to a Deputy Chief Public Defender or an Assistant Chief Public Defender.

(6) The Chief Public Defender may—
 * (a) appoint any number of public officers and other individuals that the Chief Public Defender considers necessary and whom the Chief Public Defender considers are duly qualified and experienced, as public defenders for the purpose of assisting the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender, in carrying out any of their functions under this Act; and