LAWS OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS

Revised Edition 2002

CHAPTER XXXIII

PUBLIC DEFENDER IN CRIMINAL PROCEEDINGS

No.3 of 2002

An ordinance to provide for the office of Public Defender in criminal proceedings

[28 March 2002]

Citation

1. This ordinance may be cited as the Public Defender in Criminal Proceedings Ordinance.

Interpretation

2. In this ordinance

"Court" means any Magistrate's Court, the Supreme Court or the Court of Appeal in its appellate jurisdiction;

"Public Defender" means the Public Defender in Criminal Proceedings appointed under section 3.

Establishment of office of Public Defender

3.—(1) There is hereby established a public office to be known as the Public Defender in Criminal Proceedings.

(2) The Governor shall, after consultation with the Chief Justice, appoint a suitable person, who has been admitted to practise as a legal practitioner pursuant to the Legal Practitioners Ordinance, to be the Public Defender for such term and upon such conditions as the Governor may think fit.
cap.10

(3) The Public Defender shall have, subject to this ordinance, independent status and authority and may be removed or suspended from such office by the Governor only by reason of incapacity or misconduct and after consultation with the Chief Justice.

(4) The Public Defender shall have the same right of audience and the same right of protection and immunity from suit in civil and criminal causes as are conferred by section 19 of the Judicature (Courts) Ordinance.
cap.2

Powers and functions of Public Defender

4.—(1) The Public Defender shall be entitled to accept instructions from and to appear as counsel for the defendant in a prosecution or other proceeding for any criminal offence in any Court. The Public Defender shall be remunerated therefor in accordance with the Legal Aid (Criminal Proceedings) Ordinance, provided that a certificate for legal aid is granted to the defendant under section 3 whereupon the Public Defender shall be deemed to have been assigned to represent him or her under section 9.
cap.9

(2) The Public Defender shall have an advisory function on behalf of defendants in relation to criminal proceedings, whether potential or in being, concerning the practice and procedure and the administration or organisation of the business of the Courts. Every decision or matter significantly affecting the rights or interests of those defendants shall be referred by the Chief Justice or the Governor, as the case may be, to the Public Defender for advice.

(3) The Public Defender may, in any criminal proceeding in which the defendant is not legally represented, be appointed by the Chief Justice to appear as amicus curiae to argue any question of difficulty or importance or other point touching upon the public interest, in order to assist the Court in determining it. The provisions of subsection (1) as to remuneration shall apply to an appointment under this subsection.

(4) The Public Defender shall have such other powers or functions as the Governor may from time to time, after consultation with the Chief Justice, specify in writing to him or her.

Rules

5. The Governor may make such rules, upon the advice of the Chief Justice. as seem to him or her necessary for the implementation of the provisions of this ordinance