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SINGAPORE \u2013 From Dec 31, psychiatrists must be admitted to a panel before they can testify as an expert in criminal proceedings, as part of new criminal procedure rules relating to expert evidence.<\/p>\n
It comes amid a rise in the use of psychiatric expert evidence in criminal cases.<\/p>\n
In a media statement, the Ministry of Law said that as expert evidence from psychiatrists plays a critical role in the criminal process, it is crucial to ensure that the standards of objectivity and competence expected of expert witnesses are met consistently. <\/p>\n
A selection committee comprising a Supreme Court Judge, a district judge and an officer from the Ministry of Health would decide on the appointment of psychiatrists to the panel. <\/p>\n
A:<\/b> Greater awareness of mental health issues has contributed to a rise in the use of psychiatric evidence over the years, experts said.<\/p>\n
Psychiatric evidence assists the court in determining if an accused person was suffering from a psychiatric condition at the time of the offence, and if so, whether the condition has a causal or contributory link to the offence.<\/p>\n
Mr Mark Yeo, a director at Fortress Law Corporation, said psychiatric evidence may be used during a trial to show that the accused did not have the requisite intention to commit the offence.<\/p>\n
It may also be used as a mitigating factor in sentencing, or to seek a mandatory treatment order (MTO) in certain cases, he added. <\/p>\n
Offenders given an MTO\u00a0have to undergo treatment to address their conditions in lieu of\u00a0time\u00a0behind bars.<\/p>\n
Dr Jacob Rajesh, a senior consultant psychiatrist at Promises Healthcare, said cases of murder may be reduced to culpable homicide if there is a substantial contributory link between the mental disorder and the offence. <\/p>\n
A:<\/b> The Ministry of Law said the panel was established to better safeguard the objectivity and quality of psychiatric expert evidence in the criminal courts.<\/p>\n
Dr Jacob said an expert witness is expected to be objective and independent. The duty of the expert is to the court and not to the person who has paid for the report, he added.<\/p>\n
He said: \u201cPsychiatrists are expected to explain the basis of the diagnosis, explain their opinions about the causal or contributory link and other relevant psychiatric factors… the court will decide on whose evidence is preferred.\u201d<\/p>\n
Mr Yeo noted that such evidence relies on a psychiatrist\u2019s clinical judgment, and it was normal for psychiatrists to differ in their professional opinions.<\/p>\n
\u201cHowever, there have been instances in the past when a psychiatrist essentially abdicates his duty to the court and simply parrots what his client wishes him to say,\u201d said Mr Yeo.<\/p>\n
In one case in 2014, a woman charged with arranging a marriage of convenience sought to rely on a medical report which opined\u00a0that she had depression.<\/p>\n
Chief Justice Sundaresh Menon, who heard her appeal, said the medical report was not only \u201cpatently lacking in objectivity\u201d, it was also \u201cplainly erroneous\u201d in stating that the offender had been used in a marriage scam. <\/p>\n
A:<\/b> Applicants have to meet two eligibility criteria. <\/p>\n
The person must either<\/p>\n
Be registered as a psychiatrist in Singapore, or<\/p>\n<\/li>\n
Has completed three years of psychiatry residency training in Singapore and is receiving formal training and ongoing supervision by a registered psychiatrist, or <\/p>\n<\/li>\n
Be a foreign-registered psychiatrist with a certificate of good standing issued by the foreign licensing authority. <\/p>\n<\/li>\n<\/ul>\n<\/div>\n
The selection committee must also be satisfied that \u201cthere are no reasonable grounds to believe that the applicant has displayed, or is likely to display, a clear lack of objectivity or competence as an expert witness\u201d. <\/p>\n
There is an avenue of appeal for those whose applications are rejected. <\/p>\n
There will also be a transitional phase where psychiatrists can still give expert evidence in criminal cases in specific scenarios, such as where the psychiatrist\u2019s treatment or assessment of the accused had started before Dec 31, 2025.<\/p>\n