PART 13 GENERAL PROVISIONS RELATING TO
PROCEEDINGS IN COURTS |
| Division 1 — General provisions |
| Right of accused person to be defended |
| 236. Every accused person before any court may of right be defended by an advocate. |
| Change of judge during trial |
237.—(1) Subject to subsection (3), if a judge, having heard and recorded the whole or part of the evidence in a trial, is unable to complete the case, it may be continued by another judge who has and who exercises such jurisdiction.(2) The judge who continues the case may, in the interest of justice and without material prejudice to the parties to the proceedings —| (a) | act on the evidence recorded by his or her predecessor or recorded partly by his or her predecessor and partly by himself or herself; or | | (b) | start the trial again by summoning the witnesses. |
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(3) When there is a change of judge, any party to the proceedings may apply for any or all of the witnesses to be summoned and heard again and the judge must allow the application unless —| (a) | the witness is dead or cannot be found or is incapable of giving evidence or is kept out of the way by the party making the application, or the witness cannot be brought to court without unreasonable delay or expense; or | | (b) | the court believes that the application is frivolous, vexatious or is made for the purpose of delay. |
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| (4) The appellate court may set aside any conviction made on evidence not wholly heard by the trial court which continued the case and it may order a new trial, if it believes that the accused’s defence on the merits has been materially prejudiced by the proceedings. |
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| Power to postpone or adjourn proceedings |
238.—(1) The court may postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable.| (2) Subject to subsection (3), if the accused is not on bail, the court may by a warrant remand the accused in custody as it thinks fit. |
| (3) If it appears likely that further evidence may be obtained by a remand, the court may so remand the accused in custody for the purpose of any investigation by a law enforcement agency but not for more than 8 days at a time. |
| (4) If the accused is on bail, the court may extend the bail. |
| (5) The court must record in writing the reasons for the postponement or adjournment of the proceedings. |
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| Oral hearing not needed generally |
238A.—(1) Subject to subsection (2), a court may decide any matter without hearing oral arguments, other than a matter prescribed by the Criminal Procedure Rules.| (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an offence) to be conducted without an oral hearing. |
| (3) Subject to subsection (4), a court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties, using such means of communication as directed by the court. |
| (4) The court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. |
| (5) To avoid doubt, this section does not affect the power of a court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022] |
| (6) Despite section 298, but subject to subsections (7) and (8), where under subsection (1) a court decides any matter without hearing oral arguments, the court is not required to deliver judgment in open court. [Act 5 of 2024 wef 31/05/2024] |
(7) Where, under subsection (1), a trial court decides a matter without hearing oral arguments —| (a) | the trial court must deliver judgment and pass sentence in open court if the trial court finds an accused guilty and imposes a sentence other than a sentence of a fine only; | | (b) | the trial court must pass sentence in open court if the trial court, having imposed a sentence of a fine only after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence other than a sentence of a fine only; or | | (c) | the trial court must pass sentence in open court if the trial court, having imposed a sentence (other than a sentence of a fine only) after finding the accused guilty, rectifies any error in the exercise of its sentencing powers by imposing a sentence that is or includes a different type of sentence, other than a sentence of a fine only. [Act 5 of 2024 wef 31/05/2024] |
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(8) Where, under subsection (1), a court (called in this subsection a relevant court) decides any matter without hearing oral arguments in any criminal appeal, case stated, criminal revision, criminal reference or criminal motion, the relevant court must deliver judgment and pass sentence in open court if —| (a) | the relevant court reverses the acquittal of an accused and imposes a sentence other than a sentence of a fine only; | | (b) | where a sentence of a fine only had been imposed on the accused, the relevant court varies the sentence by imposing a sentence other than a sentence of a fine only; or | | (c) | where a sentence (other than a sentence of a fine only) had been imposed on the accused, the relevant court varies the sentence by imposing a different type of sentence (other than a sentence of a fine only), whether in addition to or in substitution of the sentence earlier imposed. [Act 5 of 2024 wef 31/05/2024] |
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| (9) In subsection (7), “trial court” includes a court that records a guilty plea. [Act 5 of 2024 wef 31/05/2024] |
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| Summary dismissal of applications |
238B.—(1) Any application may, without being set down for hearing, be summarily dismissed by a written order of the court, certifying that the court, having perused the application and any accompanying material, is satisfied that the application has been brought without any sufficient ground.(2) Before summarily dismissing an application, the court —| (a) | must consider the applicant’s written submissions (if any); and | | (b) | may, but is not required to, consider the respondent’s written submissions (if any). |
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| (3) Where the court comprises more than one Judge, the decision of the court to dismiss the application summarily under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the court. |
| (4) Notice of the dismissal must be served on the applicant. |
(5) If, within 14 days after the service on the applicant of a notice of the dismissal of an application by the General Division of the High Court in the exercise of its appellate or revisionary jurisdiction or the Court of Appeal under subsection (1), the applicant gives to the Registrar of the Supreme Court —| (a) | notice of an application for permission to amend the application so as to raise a question of law; and | | (b) | a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, |
| the Chief Justice (in the case where the application is made to the Court of Appeal) or any Judge sitting in the General Division of the High Court (in the case where the application is made to the General Division of the High Court) may grant permission to the applicant to amend the application accordingly and restore the application for hearing. |
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(6) In this section —“application” means any application under this Code and includes a criminal motion and an application under section 400 or 404, but does not include —| (a) | an appeal, an application for permission under section 394H(1), a review application or an application under section 397(1); or | | (b) | an application under section 417(1) for an order for review of detention; |
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| “review application” has the meaning given by section 394F(1). [Act 25 of 2021 wef 01/04/2022] |
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| Division 2 — Transfer of cases |
| Power of General Division of High Court to transfer cases |
239.—(1) Where in respect of any case it appears to the General Division of the High Court that —| (a) | a fair and impartial trial cannot be had in any State Court; | | (b) | some question of law of unusual difficulty is likely to arise; or | | (c) | a transfer of the case is expedient for the ends of justice or is required by this Code or any other written law, |
| the General Division of the High Court may order — |
| (d) | that the case be transferred from a State Court to any other State Court of equal or superior jurisdiction; or | | (e) | that the case be transferred to and tried before the General Division of the High Court. [5/2014; 40/2019] |
| (2) An application for the transfer of a case may be made only after a court has fixed the case for trial in accordance with the pre‑trial procedures in the State Courts in Part 9, and the order may be granted at any time thereafter before the conclusion of the trial. [5/2014] |
| (3) The application for the transfer of a case is to be by way of a motion and Division 5 of Part 20 applies, except that where the applicant is the Public Prosecutor, the motion need not be supported by affidavit. |
| (4) When an accused makes an application under this section for the transfer of a case, the General Division of the High Court may, if it thinks fit, order the accused to execute a bond with or without sureties requiring the accused, if convicted, to pay the costs of the prosecution. [40/2019] |
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| Transfer of cases by other courts |
240.—(1) In any trial before a Magistrate’s Court in which it appears at any stage of the proceedings that from any cause the case is one which the Magistrate’s Court is not competent to try or one which in the opinion of that Court ought to be tried by a District Court or by the General Division of the High Court, or if before or during the trial an application is made by the Public Prosecutor, the Magistrate’s Court must stay proceedings and —| (a) | transfer the case to a District Court; or | | (b) | forward the case to the Public Prosecutor, to enable the transmission procedures under Division 5 of Part 10 to be held. [19/2018; 40/2019] |
(2) In any trial before a District Court in which it appears at any stage of the proceedings that from any cause the case is one that the District Court is not competent to try or one that in the opinion of the District Court ought to be tried by the General Division of the High Court, or if before or during the trial an application is made by the Public Prosecutor, the District Court must —| (a) | stay proceedings; and | | (b) | forward the case to the Public Prosecutor, to enable the transmission procedures under Division 5 of Part 10 to be held. [19/2018; 40/2019] |
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| (2A) Where the case is forwarded to the Public Prosecutor under subsection (1)(b) or (2)(b), Division 5 of Part 10 applies in relation to the case. [19/2018] |
| (3) The Magistrate’s Court and the District Court must record its order on the proceedings made under subsections (1) and (2), respectively. |
| (4) The powers conferred by subsections (1) and (2), other than the power of a Magistrate’s Court to transfer a case to a District Court, must not be exercised except upon the application of the Public Prosecutor or with the consent of the Public Prosecutor. |
| (5) If in a trial before a Magistrate’s Court or District Court the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried, and no further step has been taken in the proceedings, that Court may, if it thinks fit, stay the proceedings and transfer the case to another Magistrate’s Court or District Court (as the case may be) and must record its order on the proceedings. |
(6) If, in any trial before a Magistrate’s Court or District Court —| (a) | the accused is charged with an offence under the Protection from Harassment Act 2014; | | (b) | the accused, when charged, has refused to plead or has not pleaded or has claimed to be tried; and | | (c) | no further step has been taken in the proceedings relating to the offence under the Protection from Harassment Act 2014, |
| the Magistrate’s Court or District Court (as the case may be) must stay the proceedings and transfer the case, relating to that offence, to a Protection from Harassment Court (unless there is sufficient reason not to do so), and must record its order on the proceedings. |
| Explanation.—In determining whether there is sufficient reason not to stay the proceedings and transfer the case under section 240(6), the Magistrate’s Court or District Court may consider the following: |
| | (a) | whether the accused is also charged with any offence under section 6 of the Protection from Harassment Act 2014 or any offence that is not an offence under that Act; |
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| | (b) | where the accused is charged with one or more other offences mentioned in paragraph (a), whether the maximum penalty for any of those offences is higher than the maximum penalty for any offence under the Protection from Harassment Act 2014 (other than under section 6 of that Act) that the accused is charged with; |
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| | (c) | whether any step has been taken against the accused, or a co‑accused, in any proceedings pending before a Magistrate’s Court or a District Court; |
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| | (d) | whether the pending proceedings mentioned in paragraph (c) relate to offences that arise from a series of acts that are so connected to the offence under the Protection from Harassment Act 2014 that the accused is charged with, as to form a single transaction; |
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| | (e) | whether the pending proceedings mentioned in paragraph (c) relate to offences that are of the same or a similar character as the offence under the Protection from Harassment Act 2014 that the accused is charged with; |
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| | (f) | whether no civil proceedings under the Protection from Harassment Act 2014, for a contravention involving the same underlying conduct have been, or are likely to be, brought before the Protection from Harassment Court. |
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[17/2019] |
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| Division 3 — Compounding of offences |
241.—(1) An offence specified in the third column of the Fourth Schedule may be compounded at any time by the person specified in the fourth column of that Schedule or, if that person is suffering from a legal or mental disability, by any person competent to act on the firstmentioned person’s behalf.| (2) Despite subsection (1), where investigations have commenced for an offence specified in the third column of the Fourth Schedule, or when the accused has been charged in court for the offence, the offence may only be compounded with the consent of the Public Prosecutor on such conditions as the Public Prosecutor may impose. |
| (3) Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner. |
| (4) Where investigations have commenced for an offence which is subsequently compounded under subsection (2), no further proceedings are to be taken against the person reasonably suspected of having committed the offence. |
| (5) Where after the accused has been charged in court, the offence is compounded under subsection (2), the court must order a discharge amounting to an acquittal in respect of the accused. |
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| Public Prosecutor may compound offences |
242.—(1) The Public Prosecutor may, on such terms and conditions as the Public Prosecutor may determine, at any time compound any offence or class of offences as may be prescribed by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding —| (a) | one half of the amount of the maximum fine that is prescribed for the offence; or | | (b) | $5,000, |
| (2) Where any offence is compoundable under this section, the abetment of or a conspiracy to commit the offence, or an attempt to commit the offence when the attempt is itself an offence, may be compounded in like manner. |
| (3) Where investigations have commenced for an offence which is subsequently compounded under subsection (1), no further proceedings are to be taken against the person reasonably suspected of having committed the offence. |
| (4) Where after the accused has been charged in court, the offence is compounded under subsection (1), such composition has the effect of an acquittal in respect of the accused. |
| (5) The Public Prosecutor may authorise in writing one or more Deputy Public Prosecutors to exercise the power of composition conferred on the Public Prosecutor under this section. |
| (6) The Minister must designate the person who may collect any sum of money paid under this section for the composition of offences. |
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| Compounding of offences under other written laws |
243.—(1) Where any Act (other than the Penal Code 1871) contains an express provision for the composition of offences thereunder, the person authorised under that provision to compound such offences must exercise the power of composition subject to any general or special directions of the Public Prosecutor.| (2) Where any Act (other than the Penal Code 1871) does not contain any provision for the composition of offences thereunder, any offence under that Act or any subsidiary legislation made under that Act may be compounded under this section if the offence is prescribed under that Act as a compoundable offence. |
(3) For the purposes of subsection (2), the power conferred on any Minister, statutory authority or other person to make subsidiary legislation under any Act to which that subsection applies includes the power —| (a) | to prescribe the offences under that Act or any subsidiary legislation made under that Act that may be compounded under this section; | | (b) | to designate the person who may compound such offences; and | | (c) | to specify the maximum sum for which any such offence may be compoundable, except that the maximum sum so specified must not exceed —| (i) | one half of the amount of the maximum fine that is prescribed for the offence; or | | (ii) | $2,000, |
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| (4) The person designated under subsection (3)(b) may, subject to such general or special directions that the Public Prosecutor may give, compound any offence prescribed under subsection (3)(a) by collecting from a person who is reasonably suspected of having committed the offence a sum of money not exceeding the maximum sum that is specified under subsection (3)(c) in respect of that offence. |
| (5) On payment of the sum of money, no further proceedings are to be taken against that person in respect of such offence. |
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| Division 4 — Previous acquittals or convictions |
| Person once convicted or acquitted not to be tried again for offence on same facts |
244.—(1) A person who has been tried by a court of competent jurisdiction for an offence and has been convicted or acquitted of that offence shall not be liable, while the conviction or acquittal remains in force, to be tried again for the same offence nor on the same facts for any other offence for which a different charge might have been made under section 138 or for which the person might have been convicted under section 139 or 140.| (2) A person acquitted or convicted of any offence may afterwards be tried for any distinct offence for which a separate charge might have been made against the person in the former trial under section 134. |
| (3) A person convicted of any offence constituted by any act causing consequences that together with that act amount to a different offence from that of which the person was convicted may afterwards be tried for that different offence if the consequences had not happened or were not known to the court to have happened at the time when the person was convicted. |
(4) A person acquitted or convicted of any offence constituted by certain acts may, despite the acquittal or conviction, be charged later with and tried for any other offence constituted by the same acts which the person may have committed if the court that first tried the person was not competent to try the offence with which the person is subsequently charged.| Explanation — The dismissal of a complaint or the discharge of the accused is not an acquittal for the purposes of this section. |
| | | | | (a) | A is tried on a charge of theft as a servant and acquitted. While the acquittal remains in force, A cannot afterwards be charged on the same facts with theft as a servant or with theft simply or with criminal breach of trust. |
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| | | (b) | A is tried on a charge of murder and acquitted. There is no charge of robbery; but it appears from the facts that A committed robbery at the time when the murder was committed. A may afterwards be charged with and tried for robbery. |
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| | | (c) | A is tried for causing grievous hurt and convicted. Afterwards, the person injured dies of his or her injuries. A may be tried again for culpable homicide. |
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| | | (d) | A is tried and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. |
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| | | (e) | A is charged with and convicted of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts unless the case comes within subsection (3). |
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| Plea of previous acquittal or conviction |
245.—(1) The plea of previous acquittal or conviction may be made orally or in writing and may be in the following form or to the following effect: | | “The accused person says that by virtue of Article 11(2) of the Constitution or section 244 of the Criminal Procedure Code 2010 the accused person is not liable to be tried.”. |
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| (2) This plea may be made with any other plea, but the issue raised by the plea must be tried and disposed of before the issues raised by the other pleas are tried. |
| (3) When an issue is tried on a plea of a previous acquittal or conviction, the record of proceedings of the former trial is admissible as evidence to prove or disprove whether the accused person is being tried again for the same offence or on the same facts for any other offence. |
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| Division 5 — Proceedings relating to persons of unsound mind or otherwise incapable of making defence |
[Act 19 of 2018 wef 15/11/2022] | Interpretation of this Division |
246. In this Division —| “designated medical practitioner”, in relation to any psychiatric institution, has the meaning given by the Mental Health (Care and Treatment) Act 2008; |
| “principal officer”, in relation to any psychiatric institution, has the meaning given by the Mental Health (Care and Treatment) Act 2008; |
| “psychiatric institution” has the meaning given by the Mental Health (Care and Treatment) Act 2008. |
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| Procedure if accused is suspected to be incapable of making defence |
247.—(1) When a court, which is holding or about to hold any inquiry, trial or other proceeding, has reason to suspect that the accused, by reason of unsoundness of mind or any physical or mental condition, is incapable of making the accused’s defence, the court must in the first instance investigate whether the accused is in fact so incapable.| (2) The investigation may be held in the absence of the accused if the court is satisfied that, owing to the accused’s state of mind or physical or mental condition, it would be in the interests of the safety of the accused or of any other person, or in the interests of public decency, that the accused should be absent. |
(3) For the purposes of the investigation, the court may —| (a) | receive as evidence a certificate in writing signed by a medical practitioner stating that, in the opinion of the medical practitioner, the accused —| (i) | is incapable of making the accused’s defence by reason of unsoundness of mind or any physical or mental condition; or | | (ii) | is a proper person to be detained for observation and treatment in a psychiatric institution; or |
| | (b) | if the court sees fit, take oral evidence from a medical practitioner on the accused’s state of mind or physical or mental condition. |
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(4) If the court, on its own motion or on the application of the Public Prosecutor, is not satisfied that the accused is capable of making the accused’s defence, the court must —| (a) | postpone the inquiry, trial or other proceeding; and | | (b) | order that the accused be remanded for observation in a psychiatric institution for a period not exceeding one month. |
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(5) During the period of the accused’s remand (including any extension under subsection (8) of that period), a designated medical practitioner must —| (a) | keep the accused under observation; and | | (b) | provide any necessary treatment. |
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(6) Before the expiry of the period of the accused’s remand (including any extension under subsection (8) of that period) —| (a) | the designated medical practitioner must certify in writing to the court the designated medical practitioner’s opinion on the following matters:| (i) | the accused’s state of mind or physical or mental condition and, consequently, the accused’s ability to make the accused’s defence; | | (ii) | whether there is any risk that the accused, if released, may injure himself or any other person; | | (iii) | if there is any such risk —| (A) | the extent of that risk; | | (B) | the conditions (if any) that may be imposed to minimise that risk; and | | (C) | the extent to which each such condition (if any) will minimise that risk; or |
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| | (b) | if the designated medical practitioner is unable within that period to form a conclusion on one or more of the matters mentioned in paragraph (a)(i), (ii) and (iii), the designated medical practitioner must —| (i) | certify in writing to the court the matters mentioned in paragraph (a)(i), (ii) and (iii) on which the designated medical practitioner is unable within that period to form a conclusion; and | | (ii) | request for the accused to be further remanded for observation in a psychiatric institution for a period not exceeding 2 months at any one time. |
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(7) For the purposes of subsection (6)(a)(iii)(B), the conditions that the designated medical practitioner may certify to be conditions that may be imposed to minimise the risk that the accused, if released, may injure himself or any other person, include the following conditions:| (a) | the accused must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 1980* or in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified by the designated medical practitioner; [Act 3 of 2020 wef 26/06/2023] | | (b) | the accused must present himself for any medical treatment that is specified by the designated medical practitioner; | | (c) | the accused must take any medication that is specified by the designated medical practitioner; | | (d) | a person must supervise the accused’s compliance with any conditions that are imposed on the accused to minimise that risk. |
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| (8) The court may, on a request under subsection (6)(b)(ii), extend the period of the accused’s remand for observation in a psychiatric institution. [Act 19 of 2018 wef 15/11/2022] [*Updated to be consistent with the 2020 Revised Edition] |
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| Certificate of designated medical practitioner |
| 248.—(1) If the designated medical practitioner certifies that the accused is capable of making his or her defence, the court must, unless satisfied to the contrary, proceed with the inquiry or trial or other proceeding. [33/2012] [Act 19 of 2018 wef 15/11/2022] | (2) If the designated medical practitioner certifies that the accused is, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence, the court must, unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial or other proceeding must be stayed but if the court is satisfied that the accused is capable of making his or her defence, the court must proceed with the inquiry or trial or other proceeding, as the case may be. [33/2012] [Act 19 of 2018 wef 15/11/2022] |
| (3) The determination of the issue as to whether or not the accused is, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence is, if the finding is that the accused is capable of making his or her defence, deemed to be part of his or her trial before the court. [Act 19 of 2018 wef 15/11/2022] |
| (4) The certificate of the designated medical practitioner is admissible as evidence under this section. [33/2012] |
| (5) If the accused is certified to be, by reason of unsoundness of mind or any physical or mental condition, incapable of making his or her defence, it is not necessary for the accused to be present in court during proceedings under this section, and the court may order that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody pending an order under section 249. [S 759/2022] [Act 19 of 2018 wef 15/11/2022] |
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| Release, pending investigation or trial, of person incapable of making defence |
249.—(1) This section applies where the court finds, under section 248, that an accused is incapable of making the accused’s defence by reason of unsoundness of mind or any physical or mental condition.(2) If every offence that the accused is charged with is bailable, the court may order the release of the accused on the following conditions:| (a) | the accused will be properly taken care of; | | (b) | the accused will be prevented from injuring himself or any other person; | | (c) | the accused will, when required, appear in court or before any officer that the court appoints for that purpose; | | (d) | any other conditions that the court may impose in any particular case. |
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(3) An order under subsection (2) may (but need not) specify —| (a) | for the purposes of subsection (2)(a), a person by whom the accused will be properly taken care of; or | | (b) | for the purposes of subsection (2)(b), a person by whom the accused will be prevented from injuring himself or any other person. |
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(4) For the purposes of subsection (2)(d), the conditions that the court may impose in any particular case, when the court makes an order under subsection (2), include the following conditions:| (a) | the accused must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 1980* or in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order; [Act 3 of 2020 wef 26/06/2023] | | (b) | the accused must present himself for any medical treatment that is specified in the order; | | (c) | the accused must take any medication that is specified in the order; | | (d) | the accused, or any other person or persons specified in the order, or 2 or more of them, must give sufficient security for compliance with the conditions of the order; | | (e) | a person specified in the order must supervise the accused’s compliance with any conditions of the order that are imposed on the accused. [*Updated to be consistent with the 2020 Revised Edition] |
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(5) The court may, on the application of any party —| (a) | vary any condition mentioned in subsection (2)(a), (b) and (c); and | | (b) | vary, revoke or add to any condition mentioned in subsection (2)(d). |
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| (6) The court may, after considering the matters reported under section 253(3) in relation to the accused, revoke an order under subsection (2) for the release of the accused. |
(7) The court may also revoke an order under subsection (2) for the release of the accused if —| (a) | the accused fails, without reasonable excuse, to comply with any condition of the order that is imposed on the accused; or | | (b) | any other person specified in the order fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person. |
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(8) The court must report a case to the Minister if —| (a) | any offence that the accused is charged with is not bailable; | | (b) | every offence that the accused is charged with is bailable, but the court does not order under subsection (2) the release of the accused; or | | (c) | the court revokes under subsection (6) or (7) an order under subsection (2) for the release of the accused. |
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(9) Where the court reports a case to the Minister under subsection (8), the following apply:| (a) | the court must specify in the report the notional period of imprisonment that the accused would have been required to undergo, if the accused was convicted of every offence that the accused is charged with (called in this section the notional imprisonment period); | | (b) | if any offence that the accused is charged with is a capital or life imprisonment offence, the Minister must make an order that the accused be confined in a psychiatric institution, a prison or any other suitable place of safe custody specified in the Minister’s order, for a period that may extend to the term of the accused’s natural life; | | (c) | if no offence that the accused is charged with is a capital or life imprisonment offence, the Minister must make either of the following orders:| (i) | an order that the accused be confined in a psychiatric institution, a prison or any other suitable place of safe custody specified in the Minister’s order, for a period in relation to which the following conditions are satisfied:| (A) | the period of confinement under the Minister’s order must not exceed the notional imprisonment period; | | (B) | the total period of confinement under the Minister’s order, and under every earlier order (if any) made by the Minister under paragraph (b) or sub‑paragraph (i) in respect of any offence that the accused is charged with, does not exceed the notional imprisonment period; |
| | (ii) | an order that the accused be released on the following conditions:| (A) | the accused will be properly taken care of; | | (B) | the accused will be prevented from injuring himself or any other person; | | (C) | the accused will, when required, appear in court or before any officer that the court appoints for that purpose; | | (D) | any other conditions that the Minister may impose in any particular case; |
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| | (d) | the court must give effect to the Minister’s order under paragraph (b) or (c)(i) or (ii). |
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(10) For the purposes of subsection (9), the notional imprisonment period is to be determined by the court in the following manner:| (a) | the notional imprisonment period is the total period of imprisonment that the court making the determination would have required the accused to undergo, if the accused had been convicted of, and sentenced to imprisonment (including imprisonment in default of payment of a fine) for, every offence that the accused is charged with, having regard to —| (i) | the possible combinations of consecutive sentences and concurrent sentences that might be imposed on the accused if the accused had been convicted of those offences; and | | (ii) | the need for the total period of imprisonment to be just and appropriate, taking into account the totality of the criminal conduct of the accused, after assuming that the accused committed every offence that the accused is charged with; |
| | (b) | the court may, in its discretion, hear any evidence that it is satisfied will assist it in making its determination. |
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(11) The determination of the notional imprisonment period by a court under subsection (10) —| (a) | cannot be appealed against; | | (b) | may, if the court is a State Court, be revised under Division 3 of Part 20*; and | | (c) | does not affect any sentence that a court may impose on the accused, when the accused is convicted of all or any of the offences that the accused is charged with. [*Updated to be consistent with the 2020 Revised Edition] |
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| (12) Pending an order of the Minister under subsection (9)(b) or (c), the court may order that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody. |
(13) The Minister must not order under subsection (9)(c)(ii) that the accused be released unless —| (a) | a designated medical practitioner has certified under section 247(6)(a) the designated medical practitioner’s opinion that there is no risk that the accused, if released, may injure himself or any other person; or | | (b) | after taking into account the extent of any risk that the accused, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the accused on the conditions mentioned in subsection (9)(c)(ii)(A) and (B). |
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(14) An order of the Minister under subsection (9)(c)(ii) may (but need not) specify —| (a) | for the purposes of subsection (9)(c)(ii)(A), a person by whom the accused will be properly taken care of; or | | (b) | for the purposes of subsection (9)(c)(ii)(B), a person by whom the accused will be prevented from injuring himself or any other person. |
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(15) For the purposes of subsection (9)(c)(ii)(D), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (9)(c)(ii), include the following conditions:| (a) | the accused must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 1980* or in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order; [Act 3 of 2020 wef 26/06/2023] | | (b) | the accused must present himself for any medical treatment that is specified in the order; | | (c) | the accused must take any medication that is specified in the order; | | (d) | the accused, or any other person or persons specified in the order, or 2 or more of them, must give sufficient security for compliance with the conditions of the order; | | (e) | a person specified in the order must supervise the accused’s compliance with any conditions of the order that are imposed on the accused; | | (f) | the accused must be delivered to the care and custody of a person specified in the order. [*Updated to be consistent with the 2020 Revised Edition] |
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(16) The Minister may, on the application of any party —| (a) | vary any condition mentioned in subsection (9)(c)(ii)(A), (B) and (C); and | | (b) | vary, revoke or add to any condition mentioned in subsection (9)(c)(ii)(D). |
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(17) The Minister may, after considering the matters reported under section 253(3) in relation to the accused —| (a) | revoke an order under subsection (9)(b) or (c)(i) or (ii) in relation to the accused; and | | (b) | make another order under subsection (9)(b) or (c)(i) or (ii) in relation to the accused. |
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(18) The Minister may also revoke an order under subsection (9)(c)(ii) in relation to the accused, and make another order under subsection (9)(c)(i) or (ii) in relation to the accused, if —| (a) | the accused fails, without reasonable excuse, to comply with any condition of the order that is imposed on the accused; or | | (b) | any other person, specified in that order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person. |
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(19) The following apply upon the withdrawal of every charge against a person who is released pursuant to an order under subsection (2) or (9)(c)(ii), or is confined in a psychiatric institution, a prison, or any other suitable place of safe custody pursuant to an order under subsection (9)(b) or (c)(i):| (a) | the order lapses; | | (b) | if, when the sole or last charge against the person is withdrawn before a court, the person is not before that court —| (i) | in any case where the person is released pursuant to an order under subsection (2) or (9)(c)(ii) — the person must be issued, as soon as practicable, a summons to appear before a court; or | | (ii) | in any case where the person is confined in a psychiatric institution, a prison, or any other suitable place of safe custody pursuant to an order under subsection (9)(b) or (c)(i) —| (A) | the person must be produced, as soon as practicable, before a court; and | | (B) | the period, beginning at the time the order lapses and ending at the time the person is produced before the court mentioned in sub‑paragraph (A), must not exceed 24 hours, exclusive of the time necessary for the journey from the place of confinement to that court; |
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| | (c) | the court before which the sole or last charge against the person is withdrawn or before which the person appears pursuant to a summons issued under paragraph (b)(i) or is produced under paragraph (b)(ii) (as the case may be) may —| (i) | after due inquiry, send the person to a designated medical practitioner at a psychiatric institution for treatment; or | | (ii) | direct that the person be released; |
| | (d) | where paragraph (c)(i) applies, the person may be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act 2008*. [*Updated to be consistent with the 2020 Revised Edition] |
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(20) The following apply to an accused who is confined in a psychiatric institution, a prison, or any other suitable place of safe custody pursuant to an order of the Minister under subsection (9)(b) or (c)(i), when the period of confinement under the order expires:| (a) | the accused must be produced, as soon as practicable, before a court; | | (b) | the period, beginning at the time the period of confinement under the order expires and ending at the time the accused is produced before the court, must not exceed 24 hours, exclusive of the time necessary for the journey from the place of confinement to the court; | | (c) | the court may —| (i) | after due inquiry, send the accused to a designated medical practitioner at a psychiatric institution for treatment; | | (ii) | remand the accused in custody in accordance with section 238; or | | (iii) | release the accused on bail, on personal bond, or on bail and on personal bond, under section 92 or 93; |
| | (d) | where paragraph (c)(i) applies, the accused may be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act 2008*. [*Updated to be consistent with the 2020 Revised Edition] |
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(21) In this section, “capital or life imprisonment offence” means an offence that —| (a) | is punishable with death or imprisonment for life; and | | (b) | is not —| (i) | also punishable with an alternative punishment other than death or imprisonment for life; and | | (ii) | to be tried before a District Court or a Magistrate’s Court. [Act 19 of 2018 wef 15/11/2022] |
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| Resumption of proceedings |
250.—(1) When any inquiry, trial or other proceeding —| (a) | is postponed under section 247(4) for the accused to be remanded for observation in a psychiatric institution; or | | (b) | is stayed under section 248(2), |
| the court may at any time begin the inquiry, trial or other proceeding afresh, and require the accused to appear or be brought before the court. |
| (2) If the court has ordered the release of the accused under section 249(2), the court may require the accused to appear or be brought before the court, and may again proceed under section 247. [Act 19 of 2018 wef 15/11/2022] |
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| Acquittal on ground of unsound mind |
| 251. If an accused is acquitted by operation of section 84 of the Penal Code 1871, the finding must state specifically whether he or she committed the act or not. [15/2019] |
| Safe custody of person acquitted |
| 252.—(1) Whenever the finding states that the accused committed the act alleged, the court before which the trial has been held must, if that act would but for the incapacity found have constituted an offence, order that the person concerned (called in this section the subject) be kept in safe custody in a psychiatric institution, a prison or any other suitable place of safe custody, and report the case to the Minister. [S 759/2022] [Act 19 of 2018 wef 15/11/2022] (2) During the period that the subject is kept in safe custody under subsection (1), a designated medical practitioner must —| (a) | keep the subject under observation; and | | (b) | provide any necessary treatment. [Act 19 of 2018 wef 15/11/2022] |
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(3) Within one month after the date on which the period mentioned in subsection (2) begins, the designated medical practitioner must certify in writing to the Minister the designated medical practitioner’s opinion on the following matters:| (a) | whether there is any risk that the subject, if released, may injure himself or any other person; | | (b) | if there is any such risk —| (i) | the extent of that risk; | | (ii) | the conditions (if any) that may be imposed to minimise that risk; and | | (iii) | the extent to which each such condition (if any) will minimise that risk. [Act 19 of 2018 wef 15/11/2022] |
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(4) For the purposes of subsection (3)(b)(ii), the conditions that the designated medical practitioner may certify to be conditions that may be imposed to minimise the risk that the subject, if released, may injure himself or any other person, include the following conditions:| (a) | the subject must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 1980* or in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified by the designated medical practitioner; [Act 3 of 2020 wef 26/06/2023] | | (b) | the subject must present himself for any medical treatment that is specified by the designated medical practitioner; | | (c) | the subject must take any medication that is specified by the designated medical practitioner; | | (d) | a person must supervise the subject’s compliance with any conditions that are imposed on the subject to minimise that risk. [Act 19 of 2018 wef 15/11/2022] [*Updated to be consistent with the 2020 Revised Edition] |
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| (5) The Minister must consider the certification under subsection (3) before deciding which order to make under subsection (6). [Act 19 of 2018 wef 15/11/2022] |
(6) The Minister may make any of the following orders:| (a) | an order that the subject be confined in a psychiatric institution, a prison or any other suitable place of safe custody specified in the Minister’s order, for a period not exceeding 12 months; | | (b) | an order that the subject be released on the following conditions:| (i) | the subject will be properly taken care of; | | (ii) | the subject will be prevented from injuring himself or any other person; | | (iii) | the subject will, when required, appear in court or before any officer that the court appoints for that purpose; | | (iv) | any other conditions that the Minister may impose in any particular case; |
| | (c) | an order that the subject be released unconditionally. [Act 19 of 2018 wef 15/11/2022] |
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(7) Where the subject is confined under an order made by the Minister under subsection (6)(a) or by the court under paragraph (b), the total period of confinement of the subject under every such order does not exceed the notional imprisonment period under subsection (8), and the Minister cannot, or does not wish to, order the discharge of the subject under section 256 —| (a) | the Minister must, before the expiry of the period of confinement of the subject, apply to the court for an order for the further confinement of the subject —| (i) | for care and treatment; or | | (ii) | to minimise the risk that the subject may injure himself or any other person; and |
| | (b) | the court may, on an application under paragraph (a), with or without further inquiry at the court’s discretion, order the further confinement of the subject for a period in relation to which the following conditions are satisfied:| (i) | the period of the further confinement of the subject must not exceed 12 months; | | (ii) | the total period of confinement of the subject under every order made by the Minister under subsection (6)(a) or by the court under this paragraph does not exceed the notional imprisonment period. [Act 19 of 2018 wef 15/11/2022] |
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(8) For the purposes of subsection (7), the notional imprisonment period —| (a) | is the maximum term of imprisonment that may be awarded for the offence mentioned in subsection (1) (or, if there are 2 or more such offences, the most serious of those offences); or | | (b) | where the offence mentioned in subsection (1) (or, if there are 2 or more such offences, the most serious of those offences) is punishable with death, or with imprisonment for life — is the term of the subject’s natural life. [Act 19 of 2018 wef 15/11/2022] |
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(9) The following apply when the period of confinement of the subject under the sole or last order made by the Minister under subsection (6)(a) or by the court under subsection (7)(b) expires (for example, after the court decides not to make an order under subsection (7)(b) for the further confinement of the subject):| (a) | the subject must be produced, as soon as practicable, before a court; | | (b) | the period, beginning at the time the period of confinement under the order expires and ending at the time the subject is produced before the court, must not exceed 24 hours, exclusive of the time necessary for the journey from the place of confinement to the court; | | (c) | the court may —| (i) | after due inquiry, send the subject to a designated medical practitioner at a psychiatric institution for treatment; or | | (ii) | direct that the subject be released; |
| | (d) | where paragraph (c)(i) applies, the subject may be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act 2008*. [Act 19 of 2018 wef 15/11/2022] [*Updated to be consistent with the 2020 Revised Edition] |
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(10) The Minister —| (a) | must not order the release of the subject under subsection (6)(b) unless —| (i) | a designated medical practitioner has certified under subsection (3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person; or | | (ii) | after taking into account the extent of any risk that the subject, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the subject on the conditions mentioned in subsection (6)(b)(i) to (iv); and |
| | (b) | must not order the release of the subject under subsection (6)(c) unless a designated medical practitioner has certified under subsection (3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person. [Act 19 of 2018 wef 15/11/2022] |
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(11) An order of the Minister under subsection (6)(b) may (but need not) specify —| (a) | for the purposes of subsection (6)(b)(i), a person by whom the subject will be properly taken care of; or | | (b) | for the purposes of subsection (6)(b)(ii), a person by whom the subject will be prevented from injuring himself or any other person. [Act 19 of 2018 wef 15/11/2022] |
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(12) For the purposes of subsection (6)(b)(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (6)(b), include the following conditions:| (a) | the subject must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 1980* or in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order; [Act 3 of 2020 wef 26/06/2023] | | (b) | the subject must present himself for any medical treatment that is specified in the order; | | (c) | the subject must take any medication that is specified in the order; | | (d) | the subject, or any other person or persons specified in the order, or 2 or more of them, must give sufficient security for compliance with the conditions of the order; | | (e) | a person specified in the order must supervise the subject’s compliance with any conditions of the order that are imposed on the subject; | | (f) | the subject must be delivered to the care and custody of a person specified in the order. [Act 19 of 2018 wef 15/11/2022] [*Updated to be consistent with the 2020 Revised Edition] |
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(13) The Minister may, on the application of any party —| (a) | vary any condition mentioned in subsection (6)(b)(i), (ii) and (iii); and | | (b) | vary, revoke or add to any condition mentioned in subsection (6)(b)(iv). [Act 19 of 2018 wef 15/11/2022] |
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(14) The Minister may, after considering the matters reported under section 253(3) in relation to the subject —| (a) | revoke an order under subsection (6)(a) or (b) in relation to the subject; and | | (b) | make another order under subsection (6)(a) or (b) in relation to the subject. [Act 19 of 2018 wef 15/11/2022] |
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(15) The Minister may also revoke an order under subsection (6)(b), and make another order under subsection (6)(a) or (b) in relation to the subject, if —| (a) | the subject fails, without reasonable excuse, to comply with any condition of the order that is imposed on the subject; or | | (b) | any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person. [Act 19 of 2018 wef 15/11/2022] |
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| Visiting of person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition |
253.—(1) This section applies to a person who is confined pursuant to an order under section 249(9)(b) or (c)(i) or 252(6)(a) or (7)(b) in a psychiatric institution, a prison or any other suitable place of safe custody, or who is released pursuant to an order under section 249(2) or (9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b) on any condition.(2) At least once every 6 months, 2 of the visitors of a psychiatric institution must visit the person to ascertain the following matters:| (a) | the person’s state of mind or physical or mental condition; | | (b) | whether there is any risk that the person may injure himself or any other person, if the person is or continues to be released; and | | (c) | if there is any such risk —| (i) | the extent of that risk; | | (ii) | the conditions (if any) that may be imposed to minimise that risk; and | | (iii) | the extent to which each such condition (if any) will minimise that risk. |
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(3) The visitors mentioned in subsection (2) must, after ascertaining the matters mentioned in that subsection —| (a) | in any case where the person was released pursuant to an order of the court under section 249(2) — report those matters to the court; or | | (b) | in any other case — report those matters to the Minister. [Act 19 of 2018 wef 15/11/2022] |
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| Procedure when person confined under section 249 or released under section 249 or 255(1) is reported able to make defence |
| 254.—(1) If a person, who is confined pursuant to an order under section 249(9)(b) or (c)(i) or released pursuant to an order under section 249(2) or (9)(c)(ii) or 255(1)(b), is certified by the principal officer and 2 of the visitors of the psychiatric institution to be capable of making his or her defence, the court must proceed with the inquiry or trial or other proceeding (as the case may be) and the certificate is admissible as evidence. [33/2012] [Act 19 of 2018 wef 15/11/2022] (2) Where after the trial is proceeded with against the person mentioned in subsection (1) —| (a) | the person is acquitted at the end of the trial; or | | (b) | the charge against the person is withdrawn at any time after the commencement of the trial, |
| the court may, after due inquiry, send the person to a designated medical practitioner at a psychiatric institution for treatment and the person may thereafter be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act 2008. |
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(3) An order made by the court under section 249(2) or by the Minister under section 249(9)(b) or (c)(i) or (ii) or 255(1)(b) —| (a) | remains in force while the trial is proceeded with against a person mentioned in subsection (1); and | | (b) | lapses only after —| (i) | the person is convicted of an offence, or is acquitted, at the end of the trial; or | | (ii) | the charge against the person is withdrawn at any time after the commencement of the trial. [Act 19 of 2018 wef 15/11/2022] |
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| Delivery of person confined under section 249 or 252 to care of relative or friend |
255.—(1) If a relative or friend of an accused confined pursuant to an order under section 249(9)(b) or (c)(i) wishes the accused to be delivered to the care and custody of the relative or friend —| (a) | the relative or friend may apply for this; and | | (b) | the Minister may make an order that the accused be released on the following conditions:| (i) | the accused will be properly taken care of; | | (ii) | the accused will be prevented from injuring himself or any other person; | | (iii) | the accused will, when required, appear in court or before any officer that the court appoints for that purpose; | | (iv) | any other conditions that the Minister may impose in any particular case. |
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(2) The Minister must not order under subsection (1)(b) that the accused be released unless —| (a) | a designated medical practitioner has certified under section 247(6)(a) the designated medical practitioner’s opinion that there is no risk that the accused, if released, may injure himself or any other person; or | | (b) | after taking into account the extent of any risk that the accused, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the accused on the conditions mentioned in subsection (1)(b)(i) to (iv). |
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(3) An order of the Minister under subsection (1)(b) may (but need not) specify —| (a) | for the purposes of subsection (1)(b)(i), a person by whom the accused will be properly taken care of; or | | (b) | for the purposes of subsection (1)(b)(ii), a person by whom the accused will be prevented from injuring himself or any other person. |
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(4) For the purposes of subsection (1)(b)(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (1)(b), include the following conditions:| (a) | the accused must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 1980* or in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order; [Act 3 of 2020 wef 26/06/2023] | | (b) | the accused must present himself for any medical treatment that is specified in the order; | | (c) | the accused must take any medication that is specified in the order; | | (d) | the accused, or the relative or friend, or both of them, must give sufficient security for compliance with the conditions of the order; | | (e) | a person specified in the order must supervise the accused’s compliance with any conditions of the order that are imposed on the accused. [*Updated to be consistent with the 2020 Revised Edition] |
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(5) The Minister may, on the application of any party —| (a) | vary any condition mentioned in subsection (1)(b)(i), (ii) and (iii); and | | (b) | vary, revoke or add to any condition mentioned in subsection (1)(b)(iv). |
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(6) The Minister may, after considering the matters reported under section 253(3) in relation to the accused —| (a) | revoke an order under subsection (1)(b) in relation to the accused; and | | (b) | make another order under subsection (1)(b), or an order under section 249(9)(b) or (c)(i) or (ii), in relation to the accused. |
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(7) The Minister may also revoke an order under subsection (1)(b) in relation to the accused, and make another order under subsection (1)(b), or an order under section 249(9)(b) or (c)(i) or (ii), in relation to the accused, if —| (a) | the accused fails, without reasonable excuse, to comply with any condition of the order that is imposed on the accused; or | | (b) | any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person. |
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(8) If a relative or friend of a person confined pursuant to an order under section 252(6)(a) or (7)(b) (called in this section the subject) wishes the subject to be delivered to the care and custody of the relative or friend —| (a) | the relative or friend may apply for this; and | | (b) | the Minister may make an order that the subject be released on the following conditions:| (i) | the subject will be properly taken care of; | | (ii) | the subject will be prevented from injuring himself or any other person; | | (iii) | the subject will, when required, be produced for inspection by the principal officer of a psychiatric institution, at a time directed by the Minister; | | (iv) | any other conditions that the Minister may impose in any particular case. |
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(9) The Minister must not order under subsection (8)(b) that the subject be released unless —| (a) | a designated medical practitioner has certified under section 252(3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person; or | | (b) | after taking into account the extent of any risk that the subject, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the subject on the conditions mentioned in subsection (8)(b)(i) to (iv). |
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(10) An order of the Minister under subsection (8)(b) may (but need not) specify —| (a) | for the purposes of subsection (8)(b)(i), a person by whom the subject will be properly taken care of; or | | (b) | for the purposes of subsection (8)(b)(ii), a person by whom the subject will be prevented from injuring himself or any other person. |
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(11) For the purposes of subsection (8)(b)(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (8)(b), include the following conditions:| (a) | the subject must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act 1980* or in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order; [Act 3 of 2020 wef 26/06/2023] | | (b) | the subject must present himself for any medical treatment that is specified in the order; | | (c) | the subject must take any medication that is specified in the order; | | (d) | the subject, or the relative or friend, or both of them, must give sufficient security for compliance with the conditions of the order; | | (e) | a person specified in the order must supervise the subject’s compliance with any conditions of the order that are imposed on the subject. [*Updated to be consistent with the 2020 Revised Edition] |
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(12) The Minister may, on the application of any party —| (a) | vary any condition mentioned in subsection (8)(b)(i), (ii) and (iii); and | | (b) | vary, revoke or add to any condition mentioned in subsection (8)(b)(iv). |
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(13) The Minister may, after considering the matters reported under section 253(3) in relation to the subject —| (a) | revoke an order under subsection (8)(b) in relation to the subject; and | | (b) | make another order under subsection (8)(b), or an order under section 252(6)(a) or (b), in relation to the subject. |
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(14) The Minister may also revoke an order under subsection (8)(b) in relation to the subject, and make another order under subsection (8)(b), or an order under section 252(6)(a) or (b), in relation to the subject, if —| (a) | the subject fails, without reasonable excuse, to comply with any condition of the order that is imposed on the subject; or | | (b) | any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person. [Act 19 of 2018 wef 15/11/2022] |
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| Procedure when person confined under section 249 or 252, or released under section 249, 252 or 255 on any condition, certified fit for discharge or release |
256.—(1) If the principal officer and 2 visitors of a psychiatric institution certify that, in their judgment, a person who is confined pursuant to an order under section 249(9)(b) or (c)(i) or 252(6)(a) or (7)(b) in the psychiatric institution, a prison or any other suitable place of safe custody, or who is released pursuant to an order under section 249(2) or (9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b) on any condition, may be discharged without danger of injuring himself or any other person, the Minister may —| (a) | order the person to be discharged; or | | (b) | make another order under section 249(9)(b) or (c)(i) or 252(6)(a) (as the case may be). |
(2) If the principal officer and 2 visitors of a psychiatric institution certify that, in their judgment, a person who is confined pursuant to an order under section 249(9)(b) or (c)(i) or 252(6)(a) or (7)(b) in the psychiatric institution, a prison or any other suitable place of safe custody may be released on any condition (being a condition that may be imposed to minimise any risk that the person, if released, may injure himself or any other person), the Minister may —| (a) | make an order under section 249(9)(c)(ii) or 252(6)(b) for the release of the person; or | | (b) | make another order under section 249(9)(b) or (c)(i) or 252(6)(a) (as the case may be). |
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(3) If, pursuant to subsection (1)(b) or (2)(b) or paragraph (b)(ii), the Minister makes an order under section 249(9)(b) or (c)(i) or 252(6)(a) for the person to be confined in a psychiatric institution, a prison or any other suitable place of safe custody —| (a) | the Minister may appoint a commission consisting of a Magistrate and 2 medical officers —| (i) | to make formal inquiry into the person’s state of mind, taking such evidence as is necessary; and | | (ii) | to report to the Minister; and |
| | (b) | the Minister may, after receiving the report, as the Minister thinks fit —| (i) | order the person to be discharged; or | | (ii) | make another order under section 249(9)(b) or (c)(i) or 252(6)(a) (as the case may be). [Act 19 of 2018 wef 15/11/2022] |
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| Failure by person released to comply with condition of release order, etc. |
256A.—(1) This section applies to any person who has been released pursuant to an order under section 249(2) or (9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b).(2) Any police officer may, without a warrant, arrest a person mentioned in subsection (1) who is reasonably suspected —| (a) | to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person; and | | (b) | to be dangerous to himself or any other person by reason of mental disorder. |
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| (3) The Minister, or a visitor of a psychiatric institution, may apply to a court for a warrant of arrest to be issued against a person mentioned in subsection (1) who is reasonably suspected to have failed to comply with any condition, of the order pursuant to which the person is released, that is imposed on the person. |
| (4) Sections 67 and 68 do not apply to a person arrested under subsection (2). |
| (5) Where a person is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the person must, as soon as practicable, be produced before a Magistrate’s Court. |
| (6) A police officer must not detain in custody a person who has been arrested under subsection (2) for a longer period than under all the circumstances of the case is reasonable. |
| (7) The period mentioned in subsection (6) must not exceed 24 hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. |
(8) Where a person who has been released pursuant to an order under section 249(2) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3) —| (a) | if the Magistrate’s Court finds that the person has failed, without reasonable excuse, to comply with any condition of the order that is imposed on the person, the Magistrate’s Court must act in accordance with section 249(7) and (8); and | | (b) | unless the Magistrate’s Court makes a finding mentioned in paragraph (a) — the Magistrate’s Court must release the person. |
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(9) Where a person who has been released pursuant to an order under section 249(9)(c)(ii), 252(6)(b) or 255(1)(b) or (8)(b) is arrested under subsection (2) or pursuant to a warrant of arrest issued on an application under subsection (3), the Magistrate’s Court must —| (a) | order that the person be remanded in a psychiatric institution, a prison or any other suitable place of safe custody pending the making of another order by the Minister under section 249(9)(b) or (c)(i) or (ii), 252(6)(a) or (b) or 255(1)(b) or (8)(b) (as the case may be); and | | (b) | report the case to the Minister. [Act 19 of 2018 wef 15/11/2022] |
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