Singapore legislation
Regulation 11
Regulation 11
Procedure for revocation
Subregulation 1
The Selection Committee may start proceedings to consider whether to revoke the appointment of a psychiatrist as a member of the Panel (called in this Part revocation proceedings) based on a complaint made to it or on its own motion.
Subregulation 2
A complaint must —
be made to the Selection Committee in writing;
be in the form and manner that the Selection Committee requires;
be supported by any statutory declaration that the Selection Committee requires, except that no statutory declaration is required if the complaint is made by a public officer; and
set out the grounds for the complaint and the facts supporting such grounds, and be accompanied by any supporting documents.
Subregulation 3
After considering the complaint received in paragraph (2), the Selection Committee may —
start revocation proceedings; or
dismiss the complaint.
Subregulation 4
The Selection Committee must notify the complainant of its decision under paragraph (3).
Subregulation 5
To start revocation proceedings (whether after considering the complaint received in paragraph (2) or on its own motion), the Selection Committee must —
notify the psychiatrist in writing that the Selection Committee is considering whether to revoke the appointment of the psychiatrist as a member of the Panel, and the potential grounds for the revocation;
give the psychiatrist one month after the date the written notice mentioned in sub‑paragraph (a) is sent to send written representations to the Selection Committee; and
notify the Public Prosecutor and the Law Society in writing that the Selection Committee is considering whether to revoke the appointment of the psychiatrist as a member of the Panel.
Subregulation 6
The Selection Committee may extend the period mentioned in paragraph (5)(b), if the psychiatrist applies to the Selection Committee in writing for an extension of time to send in the written representations.
Subregulation 7
The Selection Committee must consider any written representations, if they are sent by the psychiatrist within the period mentioned in paragraph (5)(b) or within any extended period granted under paragraph (6), as the case may be.
Subregulation 8
If the Selection Committee considers it necessary for the purpose of the complaint, the Selection Committee may request —
the complainant to provide any additional information or documents;
any other person to provide any information, document or opinion; and
the psychiatrist (or the psychiatrist’s advocate) or any other person to appear before the Selection Committee.
Subregulation 9
The Selection Committee may —
summarily dispose of the revocation proceedings without requesting the appearance of the psychiatrist (or the psychiatrist’s advocate) or any other person before the Selection Committee; and
adopt any procedure in the revocation proceedings as the justice of the case requires, unless the procedure is inconsistent with this rule.
Subregulation 10
The Selection Committee may revoke the appointment of a psychiatrist as a member of the Panel if the Selection Committee is satisfied that —
the psychiatrist no longer satisfies any of the requirements for appointment in rule 10(1);
the psychiatrist has displayed, or is likely to display, a clear lack of objectivity or competence as an expert witness;
the psychiatrist had failed to comply with rule 8(5); or
any information in the psychiatrist’s application for the appointment or renewal of appointment was false or misleading in a material particular.
Subregulation 11
In deciding whether to revoke the appointment of a psychiatrist as a member of the Panel under paragraph (10), the Selection Committee must have regard, and give such weight as the Selection Committee considers appropriate, to all the factors mentioned in rule 10(4).
Subregulation 12
If the Selection Committee decides to revoke the appointment of a psychiatrist as a member of the Panel, the Selection Committee must —
notify the Public Prosecutor and the Law Society in writing of its decision;
notify the psychiatrist in writing of its decision and the reasons for its decision; and
specify, in the written notice mentioned in sub‑paragraph (b), the date of the decision.
Subregulation 13
A revocation of the appointment of a psychiatrist as a member of the Panel does not take effect until —
the expiration of 28 days after the date of the decision to revoke the psychiatrist’s appointment as a member of the Panel;
where the psychiatrist has filed an appeal under rule 12(1), the earlier of the following dates:
the date the revocation is affirmed by the Chief Justice or the appeal is withdrawn;
the date the psychiatrist’s appointment expires; or
where the psychiatrist has made an application for an extension of time to file an appeal under rule 12(4), the latest of the following:
the expiration of the period mentioned in sub‑paragraph (a);
the date the Chief Justice decides not to allow the extension of time;
the expiration of any extended period allowed by the Chief Justice for the psychiatrist to file the appeal;
where the psychiatrist files the appeal within the extended period mentioned in sub‑paragraph (iii), the earlier of the following dates:
the date the revocation is affirmed by the Chief Justice or the appeal is withdrawn;
the date the psychiatrist’s appointment expires.