It may appear ironic to some that the government, the very institution that works to prosecute someone accused of capital offence, is sometimes the one that provides legal aid to defend these actions.

But perhaps an even greater irony is that the government’s Counsel to the Legal Assistance Scheme for Capital Offences (‘LASCO’) and Legal Aid Bureau provides legal aid for civil cases such as matrimonial disputes, but not criminal cases other than those amounting to capital offences.

Their argument is that it would be paradoxical to both charge and defend the accused. Thus the Criminal Legal Aid Scheme (CLAS), run by the Law Society, is a better independent institution to plug the gap.

First launched on 2 September 1985, CLAS legal aid was only available in theft cases.

Today, CLAS covers offences under 15 different statutes and has a pool of more than 300 lawyers. Complementing the work of the Association of Criminal Lawyers of Singapore, CLAS handles criminal matters and offers representation to accused persons who cannot afford legal representation.

The number of CLAS volunteer lawyers has grown from 302 last year to 334 in 2008.

But the success of the scheme may also be its downfall.

The lack of funding and manpower results in strict means testing. Currently, single applicants must not earn more than $1,000 a month while married applicants cannot earn more than $1,300 combined income or $1,460 if they have dependants. There is no further safety net if they do not qualify for CLAS even if they cannot afford a lawyer independently and these accused persons are left to fend for themselves.

Given that the state does not provide criminal legal aid, unlike other jurisdictions like the United States of America, it is submitted that the government should offer more funding to these offices to expand their capabilities and loosen the means testing criteria.

Furthermore, as noted by Ms. Petrina Wee, a final year law student at National University of Singapore and a former CLAS student volunteer, “There seems to be a shortage of volunteer lawyers working under this scheme so not every successful applicant will receive timely legal aid.”

“This isn’t anything inherently “wrong” because volunteer work is something that cannot be forced, but hopefully the new focus on pro bono work will encourage more lawyers to come forward to help these applicants receive a fair trial,” she added.

The NUS Pro Bono Group offers year-long and semester-long internship opportunities to CLAS and the Legal Aid Bureau respectively. Applications open at the start of each academic year.