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]
(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]
(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]
(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]
(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]
(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]
(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]
(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]
(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]
(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]
(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]
(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]
(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]