Singapore legislation

Section 22

of Mental Health (Care and Treatment) Act 2008

Section 22

Offences against patients

(1)

Any medical practitioner, nurse, attendant or other person employed by or rendering service in any psychiatric institution or hospital mentioned in section 15(5), who ill-treats any patient shall be guilty of an offence.

(2)

For the purposes of subsection (1), a person ill‑treats a patient if the person —

(a)

subjects the patient to physical or sexual abuse;

(b)

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

(i)

any unnecessary physical pain, suffering or injury;

(ii)

any emotional injury; or

(iii)

any injury to the patient’s health; or

(c)

wilfully or unreasonably neglects the patient in circumstances that are likely to endanger the safety of the patient or to cause the patient —

(i)

any unnecessary physical pain, suffering or injury;

(ii)

any emotional injury; or

(iii)

any injury to the patient’s health.

(3)

For the purpose of subsection (2)(c), a person is deemed to have neglected the patient in circumstances likely to cause the patient unnecessary physical pain, suffering or injury or emotional injury or injury to the patient’s health if the person wilfully or unreasonably neglects to provide adequate food, clothing, medical aid or care for the patient.

(4)

A person may be convicted of an offence under subsection (1) —

(a)

even though any actual suffering or injury, or the likelihood of any suffering or injury, on the part of the patient was obviated by the action of another person; or

(b)

despite the death of the patient.

(5)

Any person who has sexual intercourse with a patient of a psychiatric institution, while in that institution, shall be guilty of an offence.

(6)

Consent is not a defence in any proceedings for an offence under subsection (5) if the accused knew or had reason to suspect that the person in respect of whom the offence was committed was a patient of the psychiatric institution.

(7)

Any person who is guilty of an offence —

(a)

under subsection (1) shall be liable on conviction —

(i)

in the case where death is caused to the patient, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both; or

(ii)

in any other case, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 4 years or to both; or

(b)

under subsection (5) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both.

Read in full context — Mental Health (Care and Treatment) Act 2008 →