Legal Profession (Admission) Rules 2024

No. S 597

Legal Profession Act 1966

Legal Profession
(Admission) Rules 2024

In exercise of the powers conferred by section 10(1) and (2) of the Legal Profession Act 1966, the Board of Directors of the Singapore Institute of Legal Education, after consulting the Minister for Law and the Council of the Law Society of Singapore, makes the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1.  These Rules are the Legal Profession (Admission) Rules 2024 and come into operation on 17 July 2024.

Definitions

2.  In these Rules —

“Board of Directors” means the Board of Directors of the Institute;

“Board of Examiners” means the Board of Examiners appointed under rule 6;

“candidate” means a person whose application under rule 7(2) or 11(2) has been approved or is pending approval;

“Chairperson” means the Chairperson of the Institute;

“Code of Conduct” means the Code of Conduct issued, and amended, by the Part B Director under rule 12;

“Dean” means the Dean of the Institute appointed under section 6(1) of the Act;

“Disciplinary Committee” means a Disciplinary Committee appointed by the Chairperson under rule 20(1);

“Institute’s website” means the Internet website of the Institute at https://www.sile.edu.sg;

“misconduct” means any act, omission, conduct or neglect that is in contravention of the Code of Conduct and includes any act or conduct mentioned in rule 17(2);

“Part B Course” means the preparatory course, leading to the Part B Examinations, which is conducted by —

(a) the Institute; or

(b) the Institute and any other person appointed by the Board of Directors;

“Part B Director” means the Director of the Part B Course appointed by the Board of Directors, and includes any Deputy Director of the Part B Course appointed by the Board of Directors;

“Part B Examinations” means Part B of the Singapore Bar Examinations conducted by —

(a) the Institute; or

(b) the Institute and any other person appointed by the Board of Directors;

“qualifying relevant legal officer” has the meaning given by rule 30(1)(b)(ii);

“session”, in relation to the Part B Examinations, means a period, as determined by the Part B Director and published on the Institute’s website, when the Part B Examinations are conducted;

“supervising solicitor” means a solicitor who is responsible for the supervision of a practice trainee while the latter is serving his or her practice training period under a practice training contract;

“supervisor in a qualifying entity” means an employee of a qualifying entity who is responsible for the supervision of a practice trainee while the latter is serving his or her practice training period under a practice training contract with the qualifying entity.

PART 2

PRESCRIBED COURSES AND EXAMINATIONS

Course prescribed for purposes of section 11B(1)( c ) of Act

3.  For the purposes of section 11B(1)(c) of the Act, a qualified person must have attended and satisfactorily completed the Part B Course.

Administration of Part B Course

4.—(1)  The Part B Course is to be held at the times and in the manner determined by the Dean.

(2)  The Dean may appoint any person that he or she considers necessary to assist in the administration and conduct of the Part B Course.

Examinations prescribed for purposes of section 11B(1)( d ) of Act

5.  The examinations prescribed for the purposes of section 11B(1)(d) of the Act are the Part B Examinations.

Board of Examiners

6.—(1)  The Chairperson may appoint any number of members of the Board of Directors to constitute a Board of Examiners for the Part B Examinations.

(2)  The Board of Examiners may —

(a) appoint any person that it considers necessary to assist in the administration and conduct of the Part B Examinations;

(b) determine the standards applicable to the Part B Examinations;

(c) regulate the conduct of the Part B Examinations;

(d) determine the times and the manner in which the Part B Examinations are to be conducted; and

(e) do anything or make any decision on matters relating to the conduct of the Part B Examinations or the results of persons sitting for the Part B Examinations.

Application to sit for Part B Examinations

7.—(1)  A person is not eligible to sit for the Part B Examinations in a particular session unless —

(a) the person has been registered as a qualified person;

(b) the person is not disqualified under a disciplinary measure in rule 14 or 15 from sitting for the Part B Examinations in that session; and

(c) the person’s application to sit for the Part B Examinations in that session is approved by the Part B Director.

(2)  An application to sit for the Part B Examinations in a particular session must —

(a) be made to the Part B Director —

(i) in the form and manner required by the Part B Director; and

(ii) within the period specified by the Part B Director; and

(b) be accompanied by —

(i) the fee specified in the Second Schedule; and

(ii) any documents that the Part B Director may require.

(3)  For the purposes of approving an application, the Part B Director may require a person —

(a) to provide, in addition to any documents mentioned in paragraph (2)(b)(ii), any other evidence that the Part B Director considers necessary;

(b) to depose to any facts relevant to the application by a statutory declaration; and

(c) to attend an interview.

Application to review decision of Part B Director

8.—(1)  A person who has applied under rule 7(2) to sit for the Part B Examinations in a particular session and is dissatisfied with a decision of the Part B Director not to approve the application under rule 7(1)(c) may, within 14 days after the date on which the decision is communicated to the person, apply to the Institute for the decision to be reviewed by the Dean.

(2)  An application for the review of a decision of the Part B Director must be made in the manner specified by the Institute and be accompanied by the fee specified in the Second Schedule.

(3)  Upon considering an application by a person under paragraph (1), the Dean may —

(a) approve the person’s application under rule 7(2) to sit for the Part B Examinations in a particular session —

(i) unconditionally; or

(ii) subject to the person’s compliance with any conditions that the Dean may impose; or

(b) affirm the decision of the Part B Director.

(4)  The Dean must notify the person in writing of the Dean’s decision, which is final.

(5)  Where the Dean has approved under paragraph (3)(a)(i) a person’s application under rule 7(2) to sit for the Part B Examinations in a particular session, the Dean may direct that the fee paid by the person under paragraph (2) be refunded to that person.

Results of Part B Examinations

9.—(1)  The Dean must release the results of the Part B Examinations for a particular session as soon as is practicable after that session.

(2)  However, the Dean may choose not to release the results of any person who sat for the Part B Examinations in a particular session if there are pending investigations into any allegation of misconduct committed by that person.

Period of validity of pass result of Part B Examinations

10.  For the purposes of section 11B(2) of the Act, the period of validity of a pass result of the Part B Examinations is 5 years.

Retaking Part B Examinations

11.—(1)  This rule applies to a person who does not pass all examinable modules of the Part B Examinations in a particular session on or after 17 July 2024.

(2)  Subject to paragraph (5), a person who does not pass any one or more examinable modules of the Part B Examinations in a particular session may apply to retake those modules at any subsequent session.

(3)  The application in paragraph (2) must —

(a) be made to the Part B Director —

(i) in the form and manner required by the Part B Director; and

(ii) within the period specified by the Part B Director; and

(b) be accompanied by —

(i) the fee specified in the Second Schedule; and

(ii) any documents that the Part B Director may require.

(4)  A person who passes all the modules that the person has applied to retake under paragraph (2), whether in one or more subsequent sessions, is deemed to have passed the Part B Examinations.

(5)  However, if the person does not obtain a pass for all the modules within 4 consecutive sessions, paragraph (2) ceases to apply, and the person must retake the Part B Course and all the examinable modules of the Part B Examinations for the purposes of section 11B(1)(d) of the Act.

PART 3

CONDUCT AND DISCIPLINE

Code of Conduct

12.—(1)  The Part B Director may, with the approval of the Board of Directors, issue, and from time to time amend, a Code of Conduct for the maintenance and enforcement of discipline among the candidates.

(2)  It is the duty of every candidate to comply with the Code of Conduct.

(3)  The Part B Director must cause the Code of Conduct to be published in a manner that he or she thinks is necessary and appropriate to bring it to the attention of all candidates.

Continuing liability under this Part

13.  Despite a person ceasing to be a candidate upon his or her withdrawal from the Part B Course or from sitting for the Part B Examinations in any session, or upon the conclusion of any session of the Part B Examinations —

(a) that person, for a period of 12 months from the date he or she ceased to be a candidate —

(i) continues to be subject to these Rules in respect of any misconduct that he or she may have committed while he or she was a candidate; and

(ii) is liable to be dealt with in accordance with this Part for the misconduct as if he or she were still a candidate; and

(b) the Institute may withhold the issue of any certificate or document to that person until the matter has been determined and disposed of under this Part.

Minor disciplinary measures

14.  For the purposes of this Part, the following disciplinary measures are minor disciplinary measures:

(a) withholding the issue of any certificate in relation to the Part B Examinations from a candidate, whether absolutely or until —

(i) the candidate has complied with any condition that the decision‑maker may impose; or

(ii) such period of time, as the decision‑maker may determine, has elapsed;

(b) barring a candidate from sitting for the Part B Examinations (or any part of it) in a particular session or from doing any assignment, examination or test of the Part B Course;

(c) withholding the award of a pass in the Part B Examinations (or any part of it) or in any assignment, examination or test of the Part B Course from a candidate;

(d) suspension of a candidate from attending all classes or any particular class of the Part B Course with effect from such date and for such period as the decision‑maker may specify;

(e) withdrawal from a candidate, whether absolutely or partially, and whether permanently or for any period that the decision‑maker may specify, of any benefit, facility or privilege granted by the Institute to candidates;

(f) issuing a written notice to a candidate directing the candidate to comply with any requirements that the decision‑maker may specify;

(g) issuing a censure to a candidate, which may be published in such manner and to such persons as the decision‑maker thinks fit;

(h) issuing a private reprimand to a candidate, which may, at the decision‑maker’s discretion, form part of the candidate’s official record.

Major disciplinary measures

15.  For the purposes of this Part, the following disciplinary measures are major disciplinary measures:

(a) expulsion of a candidate from the Part B Course with effect from such date as the decision‑maker may specify and barring the candidate from sitting for the Part B Examinations;

(b) revocation of any award (including an award of a pass or a distinction in the Part B Examinations), certificate or prize that has already been granted to a candidate;

(c) barring a candidate from enrolling in and attending the Part B Course for such period as the decision‑maker may specify;

(d) barring a candidate from sitting for the Part B Examinations for such period as the decision‑maker may specify.

Letter of warning for misconduct

16.—(1)  If the Part B Director has reason to believe that a candidate has committed any misconduct, the Part B Director must, by written notice, call upon the candidate to offer an explanation or to answer any allegation against him or her, whether in writing or in person before the Part B Director, within a period of 7 days from the date specified in the notice.

(2)  The Part B Director must issue a letter of warning to the candidate if that candidate —

(a) without reasonable cause fails to comply with the notice under paragraph (1);

(b) admits to having committed the misconduct as alleged; or

(c) in the opinion of the Part B Director, fails to offer a reasonable explanation or to satisfactorily answer the allegation against him or her.

Report of misconduct to Dean

17.—(1)  If a candidate is issued with a third letter of warning under rule 16(2), the Part B Director must —

(a) report the matter to the Dean in writing; and

(b) notify the candidate in writing that the report to the Dean has been made.

(2)  Despite paragraph (1), the Part B Director may immediately report the matter to the Dean in writing without having to comply with rule 16(1) or issuing any letter of warning to the candidate concerned under rule 16(2), but must notify the candidate in writing that he or she has made the report to the Dean, if the Part B Director has reason to believe that the candidate has —

(a) cheated in the Part B Examinations or on any assignment, examination or test, or has facilitated the cheating of another candidate in the Part B Examinations or on any assignment, examination or test;

(b) committed any offence on the premises of the Institute, or any premises used for the Part B Course or on which the Part B Examinations are conducted;

(c) in any dealing with the Institute, acted fraudulently or dishonestly;

(d) committed any misconduct again, after having been dealt with before by the Dean under rule 19 or a Disciplinary Committee under rule 22; or

(e) done any other act or conducted himself or herself in any other manner which —

(i) is unbefitting or unbecoming of a person seeking admission as a lawyer (NP) or as an advocate and solicitor, or implies a defect of character making him or her unfit for the legal profession; and

(ii) in the opinion of the Part B Director, is of sufficient gravity to warrant an immediate report to the Dean.

Inquiry by Dean

18.—(1)  Upon receiving a report from the Part B Director under rule 17(1)(a) or (2), the Dean must —

(a) conduct an inquiry into the matter to determine if any action should be taken in respect of the candidate concerned; and

(b) by written notice, call upon the candidate concerned —

(i) to show cause, in writing and within the time specified in the notice, as to why the Dean should not take any action against him or her under rule 19; or

(ii) to attend before the Dean, at the time and place specified in the notice, to explain why the Dean should not take any action against him or her under rule 19.

(2)  The Dean may also give notice to any other person to provide any information or evidence that the Dean thinks necessary for the purposes of his or her inquiry —

(a) in writing; or

(b) by attending before the Dean at the time and place specified in the notice.

(3)  If the candidate concerned does not attend before the Dean when called upon to do so under paragraph (1), the Dean may proceed with his or her inquiry in the candidate’s absence.

(4)  If, in the course of his or her inquiry, the Dean receives information that the candidate concerned has committed any other misconduct that is not mentioned in the Part B Director’s report under rule 17(1)(a) or (2), the Dean may, after giving notice to the candidate, proceed to inquire into that misconduct even though there is no report.

(5)  A candidate attending before the Dean under paragraph (1)(b)(ii) must not be represented by an advocate and solicitor.

Disciplinary action by Dean following inquiry

19.—(1)  After the Dean has conducted his or her inquiry and given the candidate concerned a reasonable opportunity of being heard, the Dean may —

(a) determine that no action be taken against the candidate;

(b) take any one or more minor disciplinary measures against the candidate; or

(c) submit a report of his or her findings to a Disciplinary Committee appointed under rule 20 and recommend to the Disciplinary Committee that a major disciplinary measure be taken in respect of the candidate.

(2)  If —

(a) the Dean issues, under paragraph (1)(b) read with rule 14(f), a written notice to the candidate directing him or her to comply with the requirements specified in that notice; and

(b) the candidate fails to comply with the notice,

the Dean may deal with the candidate in any other manner provided for in paragraph (1) that the Dean thinks fit.

(3)  A candidate who has been dealt with by the Dean under paragraph (1) is not entitled to any refund of any fee paid by him or her to the Institute under rule 7 or 11.

(4)  The decision of the Dean to take any minor disciplinary measure mentioned in rule 14(d) to (h) against a candidate, or to take no action against a candidate, is final.

(5)  The Dean —

(a) is not bound to act in a formal manner and may determine his or her own procedures;

(b) is not bound by the provisions of the Evidence Act 1893 or by any other law relating to evidence; and

(c) may inform himself or herself on any matter in any manner that he or she thinks fit.

Disciplinary Committee

20.—(1)  The Chairperson may appoint any 3 members of the Board of Directors to constitute a Disciplinary Committee.

(2)  A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Chairperson thinks fit.

(3)  The Chairperson must appoint one of the members of a Disciplinary Committee to preside over it.

(4)  If any member of a Disciplinary Committee is unable to act for any reason in any case, the Chairperson may appoint another member of the Board of Directors to replace him or her for that case.

(5)  The Part B Director is the secretary of every Disciplinary Committee.

(6)  A decision of any Disciplinary Committee must be made by a majority vote of its members.

(7)  A Disciplinary Committee —

(a) is not bound to act in a formal manner and may determine its own procedures;

(b) is not bound by the provisions of the Evidence Act 1893 or by any other law relating to evidence; and

(c) may inform itself on any matter in any manner that it thinks fit.

Review of minor disciplinary measure by Disciplinary Committee

21.—(1)  A candidate who is aggrieved by a decision of the Dean to take any minor disciplinary measure mentioned in rule 14(a), (b) or (c) may, within 14 days after the date on which the decision is communicated to the candidate, apply to the Institute in the manner specified by the Institute for the decision to be reviewed by a Disciplinary Committee.

(2)  Every application under paragraph (1) for a review of a decision of the Dean must be accompanied by the fee specified in the Second Schedule.

(3)  Upon reviewing an application by a candidate under paragraph (1), the Disciplinary Committee may —

(a) affirm the decision of the Dean;

(b) set aside the decision of the Dean; or

(c) substitute the decision of the Dean with any minor or major disciplinary measure (or any combination of 2 or more of those measures) against the candidate.

(4)  If —

(a) the Disciplinary Committee substitutes the decision of the Dean, under paragraph (3)(c) read with rule 14(f), with a written notice to the candidate directing the candidate to comply with the requirements specified in that notice; and

(b) the candidate fails to comply with the notice,

the Disciplinary Committee may take any additional minor or major disciplinary measure (or any combination of 2 or more of those measures) against the candidate.

(5)  The Disciplinary Committee must give written notice to the candidate concerned of any decision it has made under paragraph (3) and, if applicable, any disciplinary measure that it has decided to take against the candidate under paragraph (3)(c) or (4).

(6)  The decision of the Disciplinary Committee —

(a) under paragraph (3)(a) or (b); or

(b) to take any minor disciplinary measure under paragraph (3)(c) or (4) against the candidate concerned,

is final.

Disciplinary action by Disciplinary Committee

22.—(1)  Upon receiving and considering the report and recommendation of the Dean under rule 19(1)(c), the Disciplinary Committee may —

(a) determine that no action be taken against the candidate concerned; or

(b) take any minor or major disciplinary measure (or any combination of 2 or more of those measures) against the candidate.

(2)  The Disciplinary Committee must give written notice to the candidate concerned of the decision it has made under paragraph (1) and, if applicable, any disciplinary measure that it has decided to take against the candidate under paragraph (1)(b).

(3)  A candidate who has been dealt with by the Disciplinary Committee under paragraph (1) is not entitled to any refund of any fee paid by him or her to the Institute under rule 7 or 11.

(4)  The decision of the Disciplinary Committee to take any minor disciplinary measure against a candidate, or to take no action against a candidate, is final.

Review of major disciplinary measure by Board of Directors

23.—(1)  A candidate who is aggrieved by a decision of the Disciplinary Committee to take any major disciplinary measure under rule 21(3)(c) or (4) or 22(1)(b) may, within 14 days after the date on which the decision is communicated to the candidate, apply to the Institute in the manner specified by the Institute for the decision to be reviewed by the Board of Directors.

(2)  Every application under paragraph (1) for a review of a decision of the Disciplinary Committee must be accompanied by the fee specified in the Second Schedule.

(3)  Upon reviewing a decision of the Disciplinary Committee under paragraph (1), the Board of Directors may —

(a) affirm the decision of the Disciplinary Committee;

(b) set aside the decision of the Disciplinary Committee; or

(c) substitute the decision of the Disciplinary Committee with any minor or major disciplinary measure (or any combination of 2 or more of those measures) against the candidate.

(4)  The Dean and members of the Disciplinary Committee concerned must neither —

(a) participate in the review by the Board of Directors of the Disciplinary Committee’s decision; nor

(b) vote on the decision of the Board of Directors to be made under paragraph (3).

(5)  The Board of Directors must give written notice to the candidate concerned of the decision it has made under paragraph (3) and, if applicable, any disciplinary measure that it has decided to take against the candidate under paragraph (3)(c).

(6)  The decision of the Board of Directors under paragraph (3) is final.

PART 4

ADMISSION OF LAWYERS (NP)

Procedure before filing of application for admission as lawyer (NP)

24.—(1)  A qualified person who intends to apply for admission as a lawyer (NP) must, before filing an application for admission, and on or before filing an application to attend the Part B Course —

(a) apply, in the form and manner required by the Institute, to register his or her name with the Institute; and

(b) produce to the Institute any document that the Institute may require in relation to the qualification by virtue of which he or she claims to be a qualified person.

(2)  The Institute must enter in a register of qualified persons —

(a) the name of the qualified person; and

(b) the date on which the name is entered in the register.

(3)  The fee payable by a qualified person on his or her registration under this rule is as specified in the Second Schedule.

Application for admission as lawyer (NP)

25.—(1)  This rule applies to an application for admission as a lawyer (NP) under section 11A of the Act made by a qualified person.

(2)  An application for admission under this rule must be made to the court by originating application and accompanied by any form that the Registrar may require.

(3)  The date fixed for the hearing of the application must be at least 60 days after the date on which the application is filed.

(4)  The applicant must, not earlier than 30 days after the date on which the application is filed, and not later than 21 days before the date fixed for the hearing of the application, file an affidavit exhibiting the following documents:

(a) a certificate issued by the Institute stating that the applicant —

(i) is a qualified person;

(ii) has attended and satisfactorily completed the Part B Course, or has been exempted from the Part B Course by the Minister under section 11C(5) of the Act; and

(iii) has passed the Part B Examinations, or has been exempted from the Part B Examinations by the Minister under section 11C(5) of the Act;

(b) 2 recent certificates as to the good character of the applicant which satisfy the requirements under paragraph (5).

(5)  For the purposes of paragraph (4)(b) —

(a) the 2 certificates as to the good character of the applicant must be given by 2 responsible persons, each of whom —

(i) is not immediately related to the applicant; and

(ii) has known the applicant for at least 2 years, and has had opportunities to judge the applicant’s character; and

(b) at least one of the 2 persons giving the certificates as to the good character of the applicant must be a resident of Singapore.

(6)  Despite paragraphs (4)(b) and (5), the court may accept in place of either or both of the certificates mentioned in paragraph (4)(b), or require in addition to those certificates, any other evidence of good character that the court thinks fit.

(7)  The following must be served on the Attorney-General, the Society and the Institute within 3 days after the date on which they are filed:

(a) a copy each of the application and the form mentioned in paragraph (2);

(b) a copy of the affidavit mentioned in paragraph (4).

(8)  The Attorney‑General, the Society or the Institute need not be represented at the hearing of any application for admission under this rule unless any of them intends to object to that application.

(9)  [Deleted by S 240/2025 wef 17/01/2025]

Objections to application for admission as lawyer (NP), in general

26.—(1)  Subject to rule 27(1), any person who intends to object to any application for admission as a lawyer (NP) made under rule 25 must file in the court and serve on the Attorney‑General, the Society, the Institute and the applicant a notice of objection under this rule not later than 30 days after the date on which the application is filed.

(2)  Every notice of objection under this rule must contain the full name, occupation and address of the person who intends to object, a brief statement of the grounds of objection and an address for service.

Objections to application for admission as lawyer (NP) by Attorney‑General, Society or Institute

27.—(1)  If the Attorney‑General, the Society or the Institute intends to object to any application for admission as a lawyer (NP) made under rule 25, the Attorney‑General, the Society or the Institute (as the case may be) must file in the court and serve on the applicant, not less than 5 days before the date fixed for the hearing of the application, a notice of objection containing a brief statement of the grounds of objection.

(2)  If the Attorney‑General, the Society or the Institute does not intend to object to any application for admission as a lawyer (NP) made under rule 25, the Attorney‑General, the Society or the Institute (as the case may be) must serve or cause to be served on the applicant, not less than 5 days before the date fixed for the hearing of the application, a letter stating that as at the date of the letter, the Attorney‑General, the Society or the Institute (as the case may be) has no objection to the application.

(3)  The Attorney‑General, the Society or the Institute may, for the purposes of determining whether to object to any application for admission made under rule 25 —

(a) require the applicant to provide, at the applicant’s own expense, any additional information or document that the Attorney‑General, the Society or the Institute (as the case may be) may specify; and

(b) apply for that application to be adjourned.

Declaration of person admitted as lawyer (NP)

28.  Every person admitted as a lawyer (NP) must make a declaration in the form set out in the First Schedule, which may be modified (if necessary) to conform to the religious beliefs of the person so admitted.

 

Made on 16 July 2024.

ANG CHENG HOCK

Chairperson,
Singapore Institute of Legal Education.

[SILE/2024/4/ADM; AG/LEGIS/SL/161/2020/11]

(To be presented to Parliament under section 185 of the Legal Profession Act 1966).