As mental health worsens and becomes an increasingly discussed topic in Singapore, many have grown concerned that a new law would help perpetuate negative stereotypes of mental illness.
On Tuesday, 2 April 2024, a law was passed in Parliament that the police will have more power to apprehend individuals with mental disorders if they pose a safety risk to themselves or the people around them.
Initially, police officers can only apprehend a person with mental health conditions believed to be dangerous to themselves or others when danger is “reasonably suspected” and “imminent”.
Under the amended Mental Health (Care and Treatment) Act, police officers will be able to apprehend a person with a mental disorder if they have a “reasonable belief” that they may endanger themselves or others.
Police officers will also be able to search and restrain subjects who are apprehended, which is similar to what they do when arresting criminal suspects.
However, the amendment of this act has led to both Members of Parliament (MPs) and mental health experts raising concerns that it could lead to the stigma of mental illness being worsened in Singapore, and also lead to more wrongful arrests.
Addressing Misunderstandings
An apprehension does not mean an arrest or a lock-up, however, as the High Court has made that distinction under the Criminal Procedure Code in a previous ruling.
Under the Act, apprehended individuals would be brought to seek help or medical treatment at a designated psychiatric institution.
The Ministry of Home Affairs (MHA) and legal experts believe that the changes to the Mental Health (Care and Treatment) Act (MHCTA) aim to clarify what actions police officers can take in situations involving individuals with mental disorders.
Second Minister for Home Affairs Josephine Teo said in her speech to Parliament, “This does not mean that the person will be needlessly roughed up. On the contrary, having assessed that the person may be suffering from mental health conditions, police officers are minded to carry out search and seizure with due care and respect.”
Nominated Member of Parliament Syed Harun Alhabsyi pointed out that apprehension by police officers might be necessary to save a life, in worst case scenarios.
Dr Syed emphasized that in situations where someone is on the verge of suicide and feels overwhelming despair, the police and other Home Team officers are often their “last hope for rescue.”
Stressing the importance of time, he stated that if there are reasonable grounds to suspect a potential threat to oneself or others, apprehension may be necessary to prevent loss of life.
He further emphasized the importance of ensuring prompt access to psychiatric evaluation and assessment for the individual following apprehension by the authorities.
Some MPs raised concerns about how police officers would distinguish if the threat of physical harm stems from a mental disorder.
Mental health professionals also worry that officers may wrongly identify individuals with mental health conditions during apprehension due to the varied ways these conditions manifest.
To these, Mrs Teo clarified that it is not the role of police to assess or diagnose mental health conditions. Rather, their duty is to address potential harm and uphold public safety.
To address concerns about potential abuse of power, Mrs Teo highlighted safeguards such as equipping ground response officers with body-worn cameras.
These cameras ensure accountability and transparency as officers’ actions are recorded and can be easily reviewed when needed.
When addressing inquiries regarding whether police should collaborate with mental health professionals or community first responders during incidents involving individuals with mental health conditions, Mrs Teo noted that for this arrangement to be effective, there must be an ample number of such professionals available at all times.
Additionally, they need to be able to promptly respond alongside police to incidents nationwide, which would be “difficult to accomplish”.
“The practical approach is for the police, after dealing with the danger, to refer such persons to mental health professionals for treatment,” she added.
Mrs Teo also said that the government is committed to advancing mental health.
Emphasizing the government’s efforts to reduce the stigma surrounding mental health issues, she stated that the aim is to encourage people to seek help without hesitation.
Regarding police involvement, she clarified that it is not the police’s intention to further burden individuals with mental health conditions and their families.
Mrs Teo reiterated that police intervention is only sought to prevent harm. She further explained that in situations necessitating police intervention, they will adjust their actions accordingly and hand over to medical professionals as soon as possible.
