Singapore legislation
Section 13B
Section 13B
Mandatory treatment order where protection order made
(1)
Where a court makes a protection order under section 12(2), the court may, on the application of the victim or on its own initiative, make a mandatory treatment order requiring the respondent to undergo psychiatric treatment for a period not exceeding 36 months.
(2)
A mandatory treatment order may also require the respondent to reside in a psychiatric institution during the whole or a specified part of the period that the respondent is required to undergo psychiatric treatment.
(3)
Before making a mandatory treatment order against a respondent, the court must —
have reasonable grounds to believe that —
the respondent is likely to be suffering from a psychiatric condition; and
that psychiatric condition is likely to be a contributing factor for the respondent’s contravention that formed the basis for making the protection order against the respondent; and
call for a formal assessment report in respect of the respondent by an appointed psychiatrist.
(4)
In making a determination under subsection (3)(a), the court —
may call for a preliminary assessment report by a specified psychiatrist; and
must consider any matter prescribed by regulations made under section 20.
(5)
There is no appeal against any decision of the court under this section to call for or not to call for a preliminary assessment report.
(6)
For the purpose of obtaining a preliminary assessment report from a specified psychiatrist in respect of a respondent, the court may order the respondent to attend before the specified psychiatrist at such times and places as the specified psychiatrist may require.
(7)
For the purpose of obtaining a formal assessment report from an appointed psychiatrist in respect of a respondent, the court may order the respondent to —
reside in a psychiatric institution for observation for one or more periods (each not exceeding 3 weeks) as the court thinks fit; or
attend before the appointed psychiatrist at a psychiatric institution at such times as the appointed psychiatrist may require.
(8)
A court must not make a mandatory treatment order in respect of a respondent unless the formal assessment report in respect of the respondent certifies that —
the respondent is suffering from a psychiatric condition that is susceptible to treatment;
the respondent is suitable for the treatment; and
the psychiatric condition is a contributing factor for the respondent’s contravention that formed the basis for making the protection order against the respondent.
(9)
A court must not make a mandatory treatment order in respect of a respondent if the formal assessment report in respect of the respondent certifies that the appointed psychiatrist is not satisfied as to any of the matters mentioned in subsection (8)(a), (b) or (c).
(10)
In assessing whether a respondent is a person suitable for treatment for the respondent’s psychiatric condition, the appointed psychiatrist may take into account the following factors:
whether the respondent is likely to attend the treatment sessions at such time and place as the appointed psychiatrist may require;
the physical and mental state of the respondent;
the respondent’s financial standing and ability to pay all or any part of the costs of the treatment that it is reasonable for the respondent to pay.
(11)
Where a court calls for a formal assessment report in respect of a respondent, the respondent may submit any report by another psychiatrist, engaged by the respondent, to the appointed psychiatrist not later than —
the end of a period of 3 weeks after the date the court calls for the formal assessment report; or
such later time as the court may allow.
(12)
Before making a formal assessment report, the appointed psychiatrist must take into consideration any report submitted by the respondent under subsection (11).
(13)
Any report by the appointed psychiatrist is to be taken to be final and conclusive as to the matters mentioned in subsection (8)(a), (b) and (c).
(14)
The court must extend to the respondent or the respondent’s advocate a copy of every preliminary assessment report and formal assessment report made in respect of the respondent.
(15)
A court may include the requirement in subsection (2) in a mandatory treatment order only on the recommendation of the appointed psychiatrist.
(16)
A court may impose such conditions as the court thinks fit when making a mandatory treatment order.
(17)
Before making a mandatory treatment order, the court must explain to the respondent in ordinary language —
the purpose and effect of the order, and in particular the obligations of the respondent as specified in subsection (21);
the consequences which may follow if the respondent fails to comply with any of those obligations, or any conditions of the order; and
that the court has the power, under subsection (18), to vary or revoke the order on the application of the appointed psychiatrist.
(18)
The court may, on the application of the appointed psychiatrist and whether or not the respondent has failed to comply with subsection (21) —
vary a mandatory treatment order (including reducing or extending the period that the respondent has to undergo psychiatric treatment) or the conditions of the order in such manner as the court thinks just and expedient in the circumstances; or
after taking into account the extent to which the respondent has complied with the order, revoke the order.
(19)
The court may vary or revoke a mandatory treatment order under subsection (18) if such variation or revocation is justified in view of —
any change of the circumstances after the order was made; or
the progress the respondent has made in the treatment.
(20)
Where, under subsection (18)(a), a court extends the period that the respondent has to undergo psychiatric treatment under a mandatory treatment order, the period of psychiatric treatment must not exceed 36 months from the date the order is first in force.
(21)
A respondent in respect of whom a mandatory treatment order is in force must —
attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require;
comply with all other conditions in connection with the respondent’s treatment as the appointed psychiatrist may require; and
comply with all other conditions or requirements of the order.
(22)
The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order.
(23)
To avoid doubt, failure to comply with subsection (21) or disobedience with or breach of an order under subsection (6) or (7), if intentional, is a contempt of court.
(24)
In this section —
Definition
“appointed psychiatrist” means a psychiatrist appointed by the Director of Medical Services for the purposes of this section;
Definition
“specified psychiatrist” means a psychiatrist specified by the court calling for a preliminary assessment report under subsection (4)(a).
(25)
To avoid doubt, this section does not apply to any criminal proceedings or affect the application of section 339 of the Criminal Procedure Code 2010 in criminal proceedings.