Data on Work Permit Holders Charged with Crimes and Applying for Criminal Legal Aid
Ministry of LawSpeakers
Summary
This question concerns MP Louis Ng Kok Kwang’s request for statistics on Work Permit holders charged with crimes and their success in applying for the Criminal Legal Aid Scheme (CLAS). Minister for Law K Shanmugam stated that CLAS is managed by Pro Bono SG and tracks data for foreigners generally rather than by specific permit categories. He explained that the Government covers 75% of CLAS' general operating costs, with legal aid for foreigners funded by private donations and subject to means and merits tests. The primary reasons for unsuccessful applications include failing means tests, offences not being covered by CLAS, or the inability to contact applicants to complete testing. Foreigners ineligible for CLAS may still access help through the Community Justice Centre and various legal clinics operated by community, religious, and voluntary welfare organisations.
Transcript
5 Mr Louis Ng Kok Kwang asked the Minister for Law in each year for the past five years (a) how many Work Permit holders have been charged with crimes; (b) how many have applied for the Criminal Legal Aid Scheme (CLAS); (c) how many have been offered aid under CLAS; and (d) what are the top three reasons that CLAS applications by Work Permit holders have been unsuccessful.
Mr K Shanmugam: The number of Work Permit holders (WPHs) charged with crimes for the past five years can be found in Table 1. These figures cover offences charged by the Singapore Police Force (SPF) and the Immigration and Checkpoints Authority (ICA) which are under various legislation, such as the Penal Code, National Registration Act, Passport Act and Immigration Act.
The Member’s questions on the Criminal Legal Aid Scheme (CLAS) should be properly directed to Pro Bono SG (PBSG), which administers CLAS. PBSG is a company limited by guarantee, with the Law Society as their sole member. The Government funds 75% of CLAS’ general operating costs, which goes towards staff salaries and overheads. The rest of the costs incurred, including to defend foreigners who need criminal legal aid, are supported by private donations. Foreigners who seek legal aid under CLAS must pass their means1 and merits tests.
CLAS does not track foreigner applications by the type of permit held. Based on what PBSG has told us, the number of foreigners who have applied to and been offered aid under CLAS, for the past five years, can be found in Table 2.
According to PBSG, the top three reasons for CLAS applications by foreigners being unsuccessful are: (a) the applicant failed the means test criteria; (b) the offence was not covered under CLAS; and (c) CLAS was unable to contact the applicant/the applicant’s family members to complete means/merits testing.
Foreign applicants who do not qualify for legal aid may also seek help from the Community Justice Centre and other legal clinics run by various community, religious and voluntary welfare organisations.