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.
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. (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. (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. (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 (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. (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified by the designated medical practitioner;[Act 19 of 2025 wef 05/12/2025] [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. (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] —(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. (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. (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. (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 (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. (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified by the designated medical practitioner;[Act 19 of 2025 wef 05/12/2025] [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. (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]
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, find accordingly.[Act 5 of 2024 wef 14/02/2025] (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.[Act 5 of 2024 wef 14/02/2025] (2A) Where the court —(a) is satisfied under subsection (1); or (b) finds under subsection (2), that the accused is incapable of making his or her defence, the inquiry or trial or other proceeding must be stayed after the court makes an order under section 249(2) or reports the case to the Minister under section 249(8), as the case may be. [Act 5 of 2024 wef 14/02/2025] (2B) Where the court —(a) finds under subsection (1); or (b) is satisfied under subsection (2), that the accused is capable of making his or her defence, the court must proceed with the inquiry or trial or other proceeding. [Act 5 of 2024 wef 14/02/2025] (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 court is satisfied under subsection (1), or finds under subsection (2), that the accused is incapable of making his or her defence —(a) the court may decide that it is not necessary for the accused to be present in court during proceedings under this section; and (b) the court may order —(i) that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody; or (ii) that the accused be released subject to any conditions that the court sees fit, pending an order under section 249(2) or a report under section 249(8), as the case may be. [Act 5 of 2024 wef 14/02/2025] (6) To avoid doubt, where a case is transmitted to the General Division of the High Court under section 249(9A), only the General Division of the High Court may exercise the discretion under subsection (5)(a) or make any order under subsection (5)(b).[Act 5 of 2024 wef 14/02/2025] —(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, find accordingly.[Act 5 of 2024 wef 14/02/2025] (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.[Act 5 of 2024 wef 14/02/2025] (2A) Where the court —(a) is satisfied under subsection (1); or (b) finds under subsection (2), that the accused is incapable of making his or her defence, the inquiry or trial or other proceeding must be stayed after the court makes an order under section 249(2) or reports the case to the Minister under section 249(8), as the case may be. [Act 5 of 2024 wef 14/02/2025] (2B) Where the court —(a) finds under subsection (1); or (b) is satisfied under subsection (2), that the accused is capable of making his or her defence, the court must proceed with the inquiry or trial or other proceeding. [Act 5 of 2024 wef 14/02/2025] (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 court is satisfied under subsection (1), or finds under subsection (2), that the accused is incapable of making his or her defence —(a) the court may decide that it is not necessary for the accused to be present in court during proceedings under this section; and (b) the court may order —(i) that the accused be remanded in a psychiatric institution, a prison or any other suitable place of safe custody; or (ii) that the accused be released subject to any conditions that the court sees fit, pending an order under section 249(2) or a report under section 249(8), as the case may be. [Act 5 of 2024 wef 14/02/2025] (6) To avoid doubt, where a case is transmitted to the General Division of the High Court under section 249(9A), only the General Division of the High Court may exercise the discretion under subsection (5)(a) or make any order under subsection (5)(b).[Act 5 of 2024 wef 14/02/2025]
Release, pending investigation or trial, of person incapable of making defence
249.—(1) This section applies where the court is satisfied under section 248(1), or finds under section 248(2), that an accused is incapable of making the accused’s defence by reason of unsoundness of mind or any physical or mental condition.[Act 5 of 2024 wef 14/02/2025] (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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. (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) except where paragraph (b) applies, 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);[Act 5 of 2024 wef 14/02/2025] (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). (9A) Where in relation to any offence that an accused is charged with, a District Court or Magistrate’s Court is satisfied under section 248(1), or finds under section 248(2), that the accused is incapable of making his or her defence, and the Public Prosecutor is of the opinion that the notional imprisonment period must or ought to be determined by the General Division of the High Court —(a) the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try every offence the accused is charged with; (b) upon receipt of the fiat mentioned in paragraph (a) together with the charge, the District Court or Magistrate’s Court (as the case may be) must cause the charge to be read and explained to the accused and thereafter transmit the case to the General Division of the High Court; and (c) the General Division of the High Court may deal with the case so transmitted in accordance with the procedures set out in this Division.[Act 5 of 2024 wef 14/02/2025] (9B) Where a case is transmitted to the General Division of the High Court under subsection (9A) —(a) the General Division of the High Court —(i) is not bound by any earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2) that the accused is incapable of making his or her defence; (ii) may either adopt any earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2) that the accused is incapable of making his or her defence, or may make a fresh determination under section 248(1) or (2); and (iii) may receive any further evidence that it considers necessary to determine whether the accused is in fact incapable of making his or her defence; (b) the General Division of the High Court must —(i) if it makes a fresh determination under section 248(1) or (2), or adopts the earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2), that the accused is incapable of making his or her defence, comply with subsections (8) and (9) instead of the District Court or Magistrate’s Court that has made the earlier determination; and (ii) if it makes a fresh determination under section 248(1) or (2) that the accused is capable of making his or her defence, proceed with the inquiry or trial or other proceeding; (c) the criminal case disclosure procedures under Division 5 of Part 10 must be stayed until —(i) the time the General Division of the High Court finds under section 248(1), or is satisfied under section 248(2), that the accused is capable of making his or her defence; or (ii) the time the accused is certified under section 254(1) to be capable of making his or her defence, as the case may be; (d) any order under section 248(5)(b) made by the District Court or Magistrate’s Court before the case is transmitted continues to have effect pending an order under section 249(2), or a report under section 249(8), by the General Division of the High Court dealing with the case so transmitted; and (e) if the General Division of the High Court makes an order under section 248(5)(b) when the case is so transmitted, any earlier order under section 248(5)(b) made by the District Court or Magistrate’s Court before the case is transmitted is deemed to be revoked.[Act 5 of 2024 wef 14/02/2025] (9C) To avoid doubt, a case may be transmitted to the General Division of the High Court under subsection (9A) even though the accused does not understand the reading and explanation of the charge.[Act 5 of 2024 wef 14/02/2025] (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; (aa) must be made by the General Division of the High Court if any offence that the accused is charged with is only triable in the General Division of the High Court;[Act 5 of 2024 wef 14/02/2025] (ab) must not exceed the period of a sentence of imprisonment that the court may impose under section 303 or 306(4) if the court had convicted and sentenced the accused for every offence that the accused is charged with;[Act 5 of 2024 wef 14/02/2025] (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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. (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] —(1) This section applies where the court is satisfied under section 248(1), or finds under section 248(2), that an accused is incapable of making the accused’s defence by reason of unsoundness of mind or any physical or mental condition.[Act 5 of 2024 wef 14/02/2025] (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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. (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) except where paragraph (b) applies, 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);[Act 5 of 2024 wef 14/02/2025] (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). (9A) Where in relation to any offence that an accused is charged with, a District Court or Magistrate’s Court is satisfied under section 248(1), or finds under section 248(2), that the accused is incapable of making his or her defence, and the Public Prosecutor is of the opinion that the notional imprisonment period must or ought to be determined by the General Division of the High Court —(a) the Public Prosecutor must, by fiat in writing signed by the Public Prosecutor, designate the General Division of the High Court to try every offence the accused is charged with; (b) upon receipt of the fiat mentioned in paragraph (a) together with the charge, the District Court or Magistrate’s Court (as the case may be) must cause the charge to be read and explained to the accused and thereafter transmit the case to the General Division of the High Court; and (c) the General Division of the High Court may deal with the case so transmitted in accordance with the procedures set out in this Division.[Act 5 of 2024 wef 14/02/2025] (9B) Where a case is transmitted to the General Division of the High Court under subsection (9A) —(a) the General Division of the High Court —(i) is not bound by any earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2) that the accused is incapable of making his or her defence; (ii) may either adopt any earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2) that the accused is incapable of making his or her defence, or may make a fresh determination under section 248(1) or (2); and (iii) may receive any further evidence that it considers necessary to determine whether the accused is in fact incapable of making his or her defence; (b) the General Division of the High Court must —(i) if it makes a fresh determination under section 248(1) or (2), or adopts the earlier determination of the District Court or Magistrate’s Court under section 248(1) or (2), that the accused is incapable of making his or her defence, comply with subsections (8) and (9) instead of the District Court or Magistrate’s Court that has made the earlier determination; and (ii) if it makes a fresh determination under section 248(1) or (2) that the accused is capable of making his or her defence, proceed with the inquiry or trial or other proceeding; (c) the criminal case disclosure procedures under Division 5 of Part 10 must be stayed until —(i) the time the General Division of the High Court finds under section 248(1), or is satisfied under section 248(2), that the accused is capable of making his or her defence; or (ii) the time the accused is certified under section 254(1) to be capable of making his or her defence, as the case may be; (d) any order under section 248(5)(b) made by the District Court or Magistrate’s Court before the case is transmitted continues to have effect pending an order under section 249(2), or a report under section 249(8), by the General Division of the High Court dealing with the case so transmitted; and (e) if the General Division of the High Court makes an order under section 248(5)(b) when the case is so transmitted, any earlier order under section 248(5)(b) made by the District Court or Magistrate’s Court before the case is transmitted is deemed to be revoked.[Act 5 of 2024 wef 14/02/2025] (9C) To avoid doubt, a case may be transmitted to the General Division of the High Court under subsection (9A) even though the accused does not understand the reading and explanation of the charge.[Act 5 of 2024 wef 14/02/2025] (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; (aa) must be made by the General Division of the High Court if any offence that the accused is charged with is only triable in the General Division of the High Court;[Act 5 of 2024 wef 14/02/2025] (ab) must not exceed the period of a sentence of imprisonment that the court may impose under section 303 or 306(4) if the court had convicted and sentenced the accused for every offence that the accused is charged with;[Act 5 of 2024 wef 14/02/2025] (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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. (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]
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(2A),[Act 5 of 2024 wef 14/02/2025] 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] —(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(2A),[Act 5 of 2024 wef 14/02/2025] 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]
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] (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified by the designated medical practitioner;[Act 19 of 2025 wef 05/12/2025] [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] (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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] (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) and make an order under subsection (6)(b) in relation to the subject; or[Act 5 of 2024 wef 14/02/2025] (b) revoke an order under subsection (6)(b) and make an order under subsection (6)(a) or another order under subsection (6)(b) in relation to the subject.[Act 5 of 2024 wef 14/02/2025] [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] —(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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified by the designated medical practitioner;[Act 19 of 2025 wef 05/12/2025] [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] (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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] (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) and make an order under subsection (6)(b) in relation to the subject; or[Act 5 of 2024 wef 14/02/2025] (b) revoke an order under subsection (6)(b) and make an order under subsection (6)(a) or another order under subsection (6)(b) in relation to the subject.[Act 5 of 2024 wef 14/02/2025] [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]
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. (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 and the Minister; or[Act 5 of 2024 wef 14/02/2025] (b) in any other case — report those matters to the Minister.[Act 19 of 2018 wef 15/11/2022] —(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. (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 and the Minister; or[Act 5 of 2024 wef 14/02/2025] (b) in any other case — report those matters to the Minister.[Act 19 of 2018 wef 15/11/2022]
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. (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] —(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. (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]
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. (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). (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. (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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. (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). (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. (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. (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. (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). (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. (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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. (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). (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. (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] —(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. (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). (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. (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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. (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). (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. (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. (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. (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). (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. (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 in respect of which a licence is granted under the Healthcare Services Act 2020, that is specified in the order;[Act 19 of 2025 wef 05/12/2025] [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. (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). (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. (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]
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). (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] —(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). (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]
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. (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. (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] —(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. (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. (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]
Personal attendance of person subject to proceedings under this Division may be dispensed with
256B.—(1) Subject to subsection (2), in any court proceedings under this Division, the court may dispense with the attendance of a person subject to those proceedings if the court is satisfied that it would be in the interests of justice to do so in light of the person’s state of mind or physical or mental condition.(2) Subsection (1) does not apply to any proceedings under this Division in which the person is required to be produced before the court.[Act 5 of 2024 wef 14/02/2025] —(1) Subject to subsection (2), in any court proceedings under this Division, the court may dispense with the attendance of a person subject to those proceedings if the court is satisfied that it would be in the interests of justice to do so in light of the person’s state of mind or physical or mental condition. (2) Subsection (1) does not apply to any proceedings under this Division in which the person is required to be produced before the court.[Act 5 of 2024 wef 14/02/2025]
Court may conduct proceedings through video or television links
256C. Despite any provision of this Code or of any other written law, in any court proceedings under this Division, if the court is satisfied that —(a) it is in the interests of justice; and (b) sufficient administrative and technical facilities and arrangements are made at the place from which a person subject to proceedings under this Division is to give evidence or to appear, the court may order that the person give evidence or appear (other than to give evidence) by means of a live video or live television link from any place in Singapore. [Act 5 of 2024 wef 14/02/2025]
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.