http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_getdata.pl?actno=1955-REVED-68&date=20060915&method=part&doctitle=&segid=888206403-004019#888206404-004397http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_getdata.pl?actno=1872-REVED-224&date=20060915&method=part&doctitle=&segid=888373002-001939#888373002-001939CRIMINAL PROCEDURE CODE
(CHAPTER 68 )
PART VIII
SPECIAL PROCEEDINGS
DIVISION CHAPTER XXXI
PERSONS OF UNSOUND MIND
Interpretation.307. For the purposes of this Chapter, “medical superintendent” means the medical officer in charge of a mental hospital and includes any assistant medical superintendent.
Procedure when accused is suspected to be of unsound mind.308. —(1) When a Judge or District Judge holding a trial or a Magistrate holding or about to hold an inquiry or trial has reason to suspect that the accused is of unsound mind and consequently incapable of making his defence, the Judge, District Judge or Magistrate, as the case may be, shall in the first instance investigate the fact of such unsoundness.
(2) Such investigation may be held in the absence of the accused person if the court is satisfied that owing to the state of the accusedÂ’s mind it would be in the interests of the safety of the accused or of other persons or in the interests of public decency that he should be absent, and the court may receive as evidence a certificate in writing signed by a medical officer to the effect that the accused person is in his opinion of unsound mind or is a proper person to be detained for observation in a mental hospital, or the court may, if it sees fit, take oral evidence from a medical officer on the state of mind of the accused person.
(3) If the Judge, District Judge or Magistrate, as the case may be, is not satisfied that that person is capable of making his defence, the court shall postpone the inquiry or trial and shall remand that person for a period not exceeding one month to be detained for observation in a mental hospital.
(4) The medical superintendent shall keep that person under observation during the period of his remand and before the expiry of that period shall either in person or in writing certify to the court his opinion as to the state of mind of that person, and if he is unable within that period to form any definite conclusion, shall so certify to the court and shall ask for a further remand. Such further remand may extend to a period of two months.
(5) Any court before which a person suspected to be of unsound mind is accused of any offence may, on the application of the Public Prosecutor, made at any stage of the proceedings before the trial, order that that person be sent to a mental hospital for observation. The medical superintendent may, notwithstanding any other provision of law, detain any such accused person for such period, not exceeding one month, as may be necessary to enable him to form an opinion as to the state of mind of that person, and shall forward a copy of his opinion, in writing, to the Public Prosecutor.
Certificate of medical superintendent.309. —(1) If the medical superintendent certifies that the accused person is of sound mind and capable of making his defence, the court shall, unless satisfied to the contrary, proceed with the inquiry or trial, as the case may be.
(2) If the medical superintendent certifies that that person is of unsound mind and incapable of making his defence, the Judge, District Judge or Magistrate shall unless satisfied to the contrary, find accordingly, and thereupon the inquiry or trial, as the case may be, shall be postponed but if the Judge, District Judge or Magistrate is satisfied that the accused person is of sound mind and capable of making his defence the court shall proceed with the inquiry or trial, as the case may be.
(3) The trial of the issue as to whether or not the accused person is of unsound mind and incapable of making his defence shall, if the finding is that he is of sound mind and capable of making his defence, be deemed to be part of his trial before the court.
(4) The certificate of the medical superintendent shall be receivable as evidence under this section.
(5) If the accused person is certified to be of unsound mind and incapable of making his defence it shall not be necessary for him to be present in court during proceedings under this section and he may be detained in a mental hospital pending an order under section 310.
Release of person of unsound mind pending investigation or trial.310. —(1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the court, if the offence charged is bailable, may, in its discretion, release him on sufficient security being given that he will be properly taken care of and will be prevented from doing injury to himself or to any other person, and for his appearance when required before the court or such officer as the court appoints in that behalf.
(2) If the offence charged is not bailable or if sufficient security is not given, the court shall report the case to the Minister who may, in his discretion, order the accused to be confined in a mental hospital or other suitable place of safe custody and the court shall give effect to the order.
(3) Pending the order of the Minister the accused may be remanded for detention in a prison, mental hospital or other suitable place of safe custody.
Resumption of inquiry or trial.311. Whenever an inquiry or trial is postponed under section 308 or 309 the court may at any time reopen the inquiry or commence the trial de novo and require the accused to appear or be brought before the court.
Resumption of proceedings under section 308.312. When the accused has been released under section 310 the court may at any time require the accused to appear or be brought before it and may again proceed under section 308.
When accused appears to have been of unsound mind.313. When the accused appears to be of sound mind at the time of any inquiry before a MagistrateÂ’s Court and the Court is satisfied from the evidence given before it that there is reason to believe that the accused committed an act which if he had been of sound mind would have been an offence and that he was at the time when the act was committed by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law, the Court shall proceed with the case and, if the accused ought otherwise to be committed to the High Court, send him for trial.
Judgment of acquittal on ground of mental disorder.314. Whenever any person is acquitted upon the ground that at the time at which he is alleged to have committed an offence he was by reason of unsoundness of mind incapable of knowing the nature of the act alleged as constituting the offence or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.
Safe custody of person acquitted.315. —(1) Whenever the finding states that the accused person committed the act alleged, the court before which the trial has been held shall, if that act would but for incapacity found have constituted an offence, order that person to be kept in safe custody in such place and manner as the court thinks fit and shall report the case for the orders of the Minister.
(2) The Minister may order that person to be confined in a mental hospital, prison or other suitable place of safe custody during the PresidentÂ’s pleasure.
Visiting of prisoners of unsound mind.316. When any person is confined under section 310 or 315 the medical officer of the prison, if that person is confined in a prison, or the visitors of the mental hospital, or any two of them, if he is confined in a mental hospital, may visit him in order to ascertain his state of mind, and he shall be visited once at least in every 6 months by that medical officer or by two of those visitors, and the medical officer or visitors shall make a special report to the Minister as to the state of mind of that person.
Procedure when person of unsound mind reported able to make defence.317. When any person is, under section 310, confined —
(a) in a prison and is certified by the medical officer thereof to be capable of making his defence; or
(b) in a mental hospital and is similarly certified by the medical superintendent and any two visitors thereof,
that person shall be taken before the court at such time as the court appoints, and the court shall proceed with the trial or inquiry, as the case may be, and the aforesaid certificate shall be receivable as evidence.
Procedure when person of unsound mind reported fit for discharge.318. If the medical officer of a prison or the medical superintendent and two visitors of a mental hospital in which a person is confined under section 310 or 315 certify that that person in his or their judgment may be discharged without danger of his doing injury to himself or to any other person, the Minister may thereupon order him to be discharged or to be detained in custody or in prison or to be transferred to a mental hospital if he has not been already sent to a mental hospital, and, in case he orders him to be transferred to a mental hospital, may appoint a commission consisting of a Magistrate and two medical officers to make formal inquiry into the state of mind of that person, taking such evidence as is necessary, and to report to the Minister, who may order his discharge or detention as he thinks fit.
Delivery of person of unsound mind to care of relative.319. —(1) Whenever any relative or friend of any person confined under section 310 or 315 desires that that person be delivered over to his care and custody, the Minister, upon the application of that relative or friend and on his giving security to the satisfaction of the Minister that the person delivered will be properly taken care of and will be prevented from doing injury to himself or to any other person, may, in his discretion, order that person to be delivered to that relative or friend:
Provided that if the person is confined under section 310, the Minister may further require the relative or friend to give security to the satisfaction of the Minister that if at any time it appears to the Minister that that person is capable of making his defence, that relative or friend will produce that person for trial.
(2) Whenever such person is so delivered it shall be upon condition that he shall be produced for the inspection of such officer and at such times as the Minister directs.
(3) Sections 316 and 318 shall mutatis mutandis apply to persons delivered under this section.
on murder cases, as long as it can be proven the murderer did so while in a state of unsound mind, his offence may be alleviated from murder to culpable homicide, which means he escapes death and Section 304 applies to him/her.
PENAL CODE
(CHAPTER 224)
CHAPTER XVI
OFFENCES AFFECTING THE HUMAN BODY
Murder.
300. Except in the cases hereinafter excepted culpable homicide is murder —
(a) if the act by which the death is caused is done with the intention of causing death;
(b) if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused;
(c) if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or
(d) if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, or such injury as aforesaid.
Exception 7 Culpable homicide is not murder if the offender was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in causing the death or being a party to causing the death.
Punishment for murder.302. Whoever commits murder shall be punished with death.
Punishment for culpable homicide not amounting to murder.304*. Whoever commits culpable homicide not amounting to murder shall be punished —
(a) with imprisonment for life, or imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning, if the act by which death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or
(b) with imprisonment for a term which may extend to 10 years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
* There is no section 303.
