http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_getdata.pl?actno=1955-REVED-68&date=20060915&method=part&doctitle=&segid=888206403-004019#888206404-004397
http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_getdata.pl?actno=1872-REVED-224&date=20060915&method=part&doctitle=&segid=888373002-001939#888373002-001939
CRIMINAL 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
accuseds 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 Magistrates 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
Presidents 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.
