Singapore legislation

Section 42

of Mental Capacity Act 2008

Section 42

Ill-treatment

Amended by15/2019

(1)

Subsection (2) applies if a person (“D”) —

(a)

has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity;

(b)

is the donee of a lasting power of attorney created by P; or

(c)

is a deputy appointed by the court for P,and P is 16 years of age or above.

(2)

D shall be guilty of an offence if D ill-treats or causes, procures or knowingly permits P to be ill-treated by any other person.

(3)

For the purposes of this section, D ill-treats P if D —

(a)

subjects P to physical or sexual abuse;

(b)

wilfully or unreasonably does, or causes P to do, any act which endangers or is likely to endanger the safety of P or which causes or is likely to cause P —

(i)

any unnecessary physical pain, suffering or injury;

(ii)

any emotional injury; or

(iii)

any injury to P’s health or development; or

(c)

wilfully or unreasonably neglects, abandons or exposes P with full intention of abandoning P or in circumstances that are likely to endanger the safety of P or to cause P —

(i)

any unnecessary physical pain, suffering or injury;

(ii)

any emotional injury; or

(iii)

any injury to P’s health or development.

(4)

For the purpose of subsection (3)(c), D is deemed to have neglected P in circumstances likely to cause P unnecessary physical pain, suffering or injury or emotional injury or injury to P’s health or development if D wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for P.

(5)

D may be convicted of an offence under this section notwithstanding —

(a)

that any actual suffering or injury on the part of P or the likelihood of any suffering or injury on the part of P was obviated by the action of another person; or

(b)

the death of P.

(6)

Subject to subsection (7), any person who is guilty of an offence under this section shall be liable on conviction —

(a)

in the case where death is caused to P, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 14 years or to both; and

(b)

in any other case, to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 8 years or to both.

Amended by15/2019

(7)

The court may, in lieu of or in addition to any punishment specified in subsection (6), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring the person to undergo such counselling, psychotherapy or other programme as may be specified therein.

(8)

If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of the bond, the person shall —

(a)

if the bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or

(b)

if the bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both.

(9)

In this section, “court” means any court of competent jurisdiction.

Read in full context — Mental Capacity Act 2008 →