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.
(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.
(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]
(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).
(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.
(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.
(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;
(d)the court must give effect to the Minister’s order under paragraph (b) or (c)(i) or (ii).
(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.
(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]
(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).
(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.
(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]
(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).
(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.
(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.
(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;
(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]
(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]
(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]