A mandatory treatment order (MTO) in Singapore offers eligible offenders with treatable mental conditions an opportunity to receive treatment instead of serving a prison sentence. The primary goal of an MTO is rehabilitation, ensuring that offenders receive the necessary medical care while remaining within the community.
If you’re wondering whether you qualify for an MTO or how the process works, this article will help clarify what a mandatory treatment order is, its eligibility criteria, and how you can apply for one.
What Is A Mandatory Treatment Order (MTO) In Singapore?
A mandatory treatment order in Singapore is a sentencing option provided by the Court for offenders diagnosed with a treatable mental condition that contributed to their criminal behaviour. Instead of imprisonment, the offender is placed under psychiatric treatment for a specified period.
The focus of an MTO is to address the underlying mental health issues to prevent re-offending, making it a rehabilitative rather than punitive measure.
Typically, the treatment takes place at the Institute of Mental Health (IMH), where offenders receive psychiatric care tailored to their condition. An MTO can be up to 36 months, during which the offender must comply with all treatment requirements. Non-compliance can result in the revocation of the MTO and the imposition of a custodial sentence.
Who Is Eligible For A Mandatory Treatment Order?
Not every offender qualifies for an MTO. The Court considers several key factors before granting this order:
Medical Assessment
The offender must be assessed by a psychiatrist who will determine if they have a treatable mental condition that contributed to the offence. The psychiatrist will submit a report to the Court, which is crucial in decision-making.
Nature Of The Offence
An MTO is generally considered for less serious offences. Crimes involving violence or serious harm to others are less likely to result in an MTO, as imprisonment may be deemed more appropriate.
Offender’s Background
The offender’s criminal history, behaviour, and willingness to undergo treatment are also evaluated. First-time offenders or those with minimal criminal records are more likely to be considered for an MTO.
Likelihood Of Successful Treatment
The Court will consider whether the offender will likely benefit from psychiatric treatment. If there is a high chance of rehabilitation through medical care, an MTO is more likely to be granted.
How Does The Process Work?
The Court takes several steps to assess whether an MTO is appropriate, carefully balancing the interests of justice with the need for rehabilitation.
Referral For Psychiatric Assessment
The first step in the process is a referral for a psychiatric evaluation. The Court directs the offender to consult a qualified psychiatrist, usually from the Institute of Mental Health (IMH). This evaluation is crucial because it provides an objective medical basis for determining whether the offender’s mental condition played a role in the commission of the offence.
The psychiatrist assesses:
- The offender’s mental condition – Whether they suffer from a diagnosable, treatable mental health issue.
- The link between the mental condition and the offence – Whether the offender’s condition directly influenced their actions or decision-making at the time of the crime.
- Suitability for treatment – Whether the offender is likely to benefit from psychiatric care and rehabilitation through an MTO.
The psychiatrist then prepares a detailed report for the Court. This report outlines the offender’s diagnosis, recommended treatment plan, and an assessment of their potential for rehabilitation. The Court heavily relies on this report to decide on the next steps.
Court’s Decision
After receiving the psychiatric report, the Court reviews all the evidence, including:
- The severity and nature of the offence
- The offender’s background, criminal history, and behaviour
- The psychiatrist’s findings and recommendations
If the Court is satisfied that the offender’s mental condition contributed to the offence and that treatment is a viable alternative to punishment, it may grant the MTO. Upon approval, the offender is formally placed under the mandatory treatment order, which can last up to 36 months. During this period, the offender must adhere strictly to the prescribed treatment plan.
The Court’s decision to grant an MTO demonstrates a shift towards rehabilitation, focusing on addressing the root cause of the offence rather than purely imposing punitive measures.
Monitoring And Compliance
Once the offender begins the treatment, compliance becomes a key factor in ensuring the success of the MTO. Monitoring is carried out by the psychiatrist and designated officers, who keep track of the offender’s progress throughout the treatment period. This involves:
- Regular check-ins – The offender must attend scheduled sessions with their psychiatrist and other treatment providers.
- Periodic reviews – Progress reports are submitted to the Court or relevant authorities at intervals to ensure the offender responds well to treatment.
- Strict adherence to the treatment plan – The offender must follow all prescribed medical advice, including taking medication, attending counselling, and participating in therapy sessions.
Non-compliance with the MTO terms is taken very seriously. If the offender fails to attend treatment sessions, does not cooperate with the prescribed plan, or commits another offence during the MTO period, the Court may:
- Cancel the MTO – The order is revoked, and the offender may face a custodial sentence instead.
- Impose additional penalties – The Court may introduce stricter conditions or impose fines depending on the severity of non-compliance.
Common Offences That May Qualify For An MTO
While the Court considers various factors before granting an MTO, some offences are more likely to qualify. These typically involve crimes where the offender’s mental condition plays a significant role in their behaviour. Examples include:
- Theft or shoplifting – When driven by compulsive behaviour or a mental disorder
- Vandalism – Particularly when linked to impulse control issues
- Assault – In cases where the offender acted under diminished mental capacity
- Public nuisance offences – Where untreated psychiatric conditions influenced actions
However, offences involving serious violence, drug trafficking, or significant harm to others are unlikely to result in an MTO, as the Court may deem imprisonment more appropriate.
Conclusion About Mandatory Treatment Order In Singapore
A mandatory treatment order in Singapore allows eligible offenders to receive treatment instead of imprisonment, emphasising rehabilitation over punishment. However, securing an MTO requires proper legal guidance and a thorough understanding.
If you or someone you know is considering applying for an MTO, contact Tembusu Law today for expert advice from the best criminal lawyer service in Singapore.
Frequently Asked Questions About Mandatory Treatment Order In Singapore
How Long Does A Mandatory Treatment Order Last?
An MTO can last up to 36 months, during which the offender must comply with all treatment requirements set by the Court.
What Happens If An Offender Fails To Comply With An MTO?
Failure to comply with an MTO can lead to its cancellation, and the offender may face a custodial sentence instead.
Can Serious Offences Qualify For A Mandatory Treatment Order?
Generally, MTOs are granted for less serious offences. Serious crimes involving violence or significant harm are less likely to qualify.
How Does The Court Decide Whether To Grant An MTO?
The Court considers factors such as the offender’s mental condition, the nature of the offence, criminal history, and likelihood of successful treatment before granting an MTO.
