Why are there new rules on psychiatric expert evidence in criminal court cases?

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.

- Selina Lum Senior Law Correspondent

It comes amid a rise in the use of psychiatric expert evidence in criminal cases.

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.

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.

Q What is the role of psychiatric expert evidence in criminal proceedings?

A Greater awareness of mental health issues has contributed to a rise in the use of psychiatric evidence over the years, experts said.

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.

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.

It may also be used as a mitigating factor in sentencing, or to seek a mandatory treatment order (MTO) in certain cases, he added.

Offenders given an MTO have to undergo treatment to address their conditions in lieu of time behind bars.