Are You Eligible for a Mandatory Treatment Order (MTO)?
What is a Mandatory Treatment Order?
A Mandatory Treatment Order (MTO) is targeted at non-habitual offenders who, as a result of suffering from certain mental/psychiatric conditions, committed the criminal offence in question.
Instead of serving jail time, eligible and suitable offenders of an MTO will be directed to undergo psychiatric treatment at a psychiatric institution, i.e. the Institute of Mental Health (IMH), for up to 36 months.
An MTO is one of the Community-Based Sentencing (CBS) options. CBS was designed to provide courts with more flexibility in sentencing, apart from the traditional sentences such as imprisonment or fine.
Upon completion of the MTO, the offender’s criminal record will be spent, i.e. the offender will be deemed to not have a criminal record with respect to this offence.
If you are accused of an offence, read on to find out more on whether you are eligible for an MTO.
What Does Undergoing a Mandatory Treatment Order Entail?
If you are subject to an MTO, you will be required to attend mental health treatment sessions at IMH. You must also comply with any instructions or conditions given by the court and their appointed psychiatrist.
You may also be required to stay in IMH itself to receive in-patient treatment, for either the entire or part of the stated duration of the MTO.
Who is Eligible for a Mandatory Treatment Order?
Not all offences can be considered for MTOs. The courts cannot grant an MTO if the offender has been convicted of certain offences, such as where:
- The offence has a fixed sentence by law, meaning the court has no discretion as to the type of sentence because the sentence is already specified by statute;
- The offence has a mandatory or specified minimum sentence of imprisonment, thus the court must impose the minimum period of imprisonment as prescribed by statute;
- The offender had previously been sentenced to corrective training or preventive detention;
- The offence is a fine-only offence;
- The offence is punishable with imprisonment for more than 3 years and does not fall under this list of prescribed offences;
- The offence falls under this list of prescribed offences but is punishable with imprisonment for more than 7 years; or
- The offence will leave a criminal record that cannot be spent.
Otherwise, the offender may generally be eligible for an MTO in accordance with section 339 of the Criminal Procedure Code (CPC). This is even if the offender:
- Had previously been sentenced to an imprisonment term exceeding 3 months (excluding an imprisonment term served in default of a fine);
- Had been admitted to an approved institution under section 34 of the Misuse of Drugs Act or approved centre under section 17 of the Intoxicating Substances Act at least twice;
- Had been admitted to an approved centre or institution at least once; or
- Had previously been admitted to an approved institution or centre and is now facing an offence under the Misuse of Drugs Act, the Misuse of Drugs Regulations or the Intoxicating Substances Act.
Deciding On an Offender’s Eligibility for a Mandatory Treatment Order
The court may issue an MTO for offenders aged 16 and above. Based on past cases, offenders ranging from 16-year-old teenagers to 63-year-old adults have been assessed, with some given an MTO.
The court will assess and decide on the eligibility of the offender based on the final report submitted by the court-appointed psychiatrist on this matter.
In order for the psychiatrist to produce the report, you may be remanded for observation in a psychiatric institution for a period of up to 3 weeks or periods as the court thinks necessary, or be ordered to attend an assessment in IMH.
You may also choose to appoint your own psychiatrist to make a report on your eligibility for an MTO within 3 weeks from the date the court has called for a report. The court-appointed psychiatrist will then take your psychiatrist’s report into consideration when writing and submitting their final report to the court.
An offender will be eligible for an MTO if the final report reflects that the offender:
- Suffers from a psychiatric condition;
- Is susceptible to treatment;
- Is suitable to receive treatment (see below);
- Committed the offence at least partly due to the psychiatric condition.
Factors that the psychiatrist should consider when assessing your suitability of treatment include:
- The likeliness of you attending the required treatment sessions;
- Your physical and mental state; and
- Whether you have the financial means to make full/partial payments for the treatments received.
After assessing the final report, which must also include the psychiatrist stating that he is satisfied that you should be issued an MTO, the court has to explain to you the purpose, effect and consequences of breaching the order before making such an order.
Further, it should also be made clear that the order may be varied or revoked by the court.
Consequences for Breaching Mandatory Treatment Order Conditions
If you are reported to have breached the conditions set out by the court in the MTO, the court may fix a hearing date to confirm whether this is so.
To have you attend the hearing, the court may issue a summons (to direct you to appear before the court) or a warrant for your arrest (if the court is satisfied you may not appear, or have failed to appear upon the issuance of a summons).
Where the court is satisfied that you have indeed breached the MTO conditions, the court may then proceed to:
- Issue you a warning;
- Modify your obligations under the MTO, such as by extending the period of psychiatric treatment;
- Impose a fine of up to $1,000 on you; or
- Revoke the MTO order and impose an appropriate sentence for the offence, while giving due consideration to the degree of your compliance with the MTO.
Do note that if the court had previously imposed but suspended a sentence of imprisonment to the offence in question before making the MTO order, the court must revoke the MTO order.
Re-Offending While Undergoing Treatment
Should you be convicted of another offence while undergoing treatment as directed by an MTO, the court may fix a hearing date to confirm your conviction. It may also issue a summons or warrant for your arrest to ensure you attend the hearing.
Where the court finds that you have indeed re-offended, the court may revoke the MTO and impose an appropriate sentence for the offence, while giving due consideration to the degree of your compliance with the MTO.
Should you require further information on your suitability for an MTO with regard to a specific offence in Singapore, do consider seeking legal advice from one of our criminal lawyers.
- Singapore’s Extraterritorial Jurisdiction: What Does It Mean?
- Your Right to a Lawyer After Being Arrested in Singapore
- What to Do If Your Loved One is Under Police Investigation
- How to Write a Letter of Representation to AGC in Singapore
- What is Entrapment and is It Legal in Singapore?
- What Happens When You Voluntarily Surrender to the Police
- Juvenile Crime: What If Your Child is Arrested in Singapore?
- Tasers, Batons, Shields & Firearms: When Do the Police Use Them?
- Stopped by the Singapore Police For Spot Checks, Etc: What to Do
- Police Investigation Process for Crimes in Singapore (4 Steps)
- Arrest Warrant Issued Against You in Singapore: What to Do
- Police Arrest Procedure in Singapore
- Arrestable and Non-Arrestable Offences in Singapore
- What Should You Do If You Witness a Crime in Singapore?
- Can the Public Make a Citizen's Arrest in Singapore?
- What to Do If You’re Being Investigated for a Criminal Offence in Singapore
- "Right to Remain Silent" to Singapore Police: Does It Exist?
- Police Custody in Singapore: What You Should Know
- Search Warrant: The Issuance and Execution of It in Singapore
- Penalties for Lying to the Authorities in Singapore
- Can You Say No to a Lie Detector Test in Singapore? And Other FAQs
- Surrender of Passport to the Police and How to Get It Back
- Extradition: What If I Flee After Committing Crime in Singapore
- Making Objections at Trial in the Singapore Courts
- When is a Witness Testimony Unreliable in Singapore?
- Burden of Proof in Criminal and Civil Cases in Singapore
- Falsely Accused of a Crime in Singapore: Your Next Steps
- What is Acquittal & How Can One Be Acquitted in Singapore?
- Using the Defence of Diminished Responsibility in Singapore
- Death of a Party in a Legal Case in Singapore: What Happens?
- The "Unusually Convincing" Test in "He Said, She Said" Cases
- How to Adjourn or Postpone a Criminal Court Hearing
- TIC: Guide to Charges Taken Into Consideration in Singapore
- Can I Use the Defence of Intoxication in Singapore?
- When Can I Raise the Defence of Provocation in Singapore?
- Writing Character References For Court: What’s Their Purpose?
- Can I Represent Myself in a Criminal Court Case in Singapore and How?
- Claiming Trial as an Accused
- Pleading Guilty in Singapore: Consequences & Withdrawal of Plea
- The Defence of Unsound Mind in Singapore: What is It?
- Gag Orders in Singapore: Whose Identity Can be Protected?
- Mitigation Plea: How to Plead for Leniency in Court in Singapore
- Recidivism: What Happens If You Reoffend in Singapore?
- Guide to Filing a Criminal Appeal in Singapore
- Criminal Motion: What is It and How to File One in Singapore
- Guide to Filing a Criminal Revision in Singapore
- Presidential Clemency in Singapore
- Repatriation or Deportation from Singapore: How Does It Work?
- Criminal Records in Singapore
- Visiting a Loved One in Prison or On Death Row in Singapore
- Getting Parole (Early Prison Release) in Singapore
- Fined for an Offence: What to Do If I Can't Afford to Pay Them?
- How Long Is Life Imprisonment in Singapore? And Other FAQs
- Corrective Training and Its Consequences in Singapore
- Consequences of Receiving a Stern Warning in Singapore
- Probation: Eligibility and Whether It Leaves a Criminal Record
- How Can Adult Offenders Get Probation in Singapore?
- Reformative Training in Singapore: When Will It be Ordered?
- Are You Eligible for a Mandatory Treatment Order (MTO)?
- Caning in Singapore: Judicial, School & Parental Corporal Punishment
- 7 Detention Orders in Singapore: When Will They be Ordered?
- Day Reporting Order: Eligibility and Offender's Obligations
- Ragging and Bullying: Their Penalties and What Victims Can Do
- Laws Protecting Informers/Whistleblowers in Singapore
- Counterfeit Medicine/Health Products: Redress for Victims in Singapore
- Breach of Protection Orders: What Can Victims Do?
- Using Your Right to Self-Defence When Attacked in Singapore
- Compensation for Crime Victims in Singapore: How to Obtain
- Rape Laws in Singapore and How Offenders Can Be Punished
- Sexual Misconduct in Singapore: Offences and What Victims Can Do
- Falsely Accused of Rape in Singapore: What to Do
- Incest and Family Sexual Abuse: Penalties and Victim Protection
- How are Sexual Offenders with Special Needs Penalised?
- Cybersexual Crimes in Singapore and Their Penalties
- Legal Age for Sex in Singapore and Common Sexual Offences
- Consent in Sexual Offences in Singapore and What Victims Can Do
- Accused of Molest: Outrage of Modesty in Singapore
- What Can Victims of Sexual Harassment in Singapore Do?
- What is the Law on Sexting in Singapore?
- Revenge Porn: What If Your Nudes are Leaked in Singapore?
- Crime of Voyeurism in Singapore (Penalties and Defences)
- Date Rape: What to Do If Your Drink Has Been Unlawfully Spiked?
- STDs: Can I Go to the Police If a Partner Infected Me in Singapore?
- Alcohol Breathalyser Test in Singapore: Can You Refuse it?
- Are Sex Toys and Sex Dolls Legal in Singapore?
- Singapore's Legal Smoking Age & Common Smoking Offences
- Is Vaping Illegal in Singapore?
- Legal Drinking Age and Drinking-Related Laws in Singapore
- Is Watching, Downloading or Filming Porn Illegal in Singapore?
- Child Pornography in Singapore: Offences and Penalties
- Laws on Procuring Sex Workers & Sexual Services in Singapore
- Singapore's Drug Laws: Possession, Consumption and Trafficking
- Gambling Legally (at Home, in Public or Online) in Singapore
- The Offence of Human Trafficking in Singapore and Its Penalties
- Penalties For Buying Stolen Goods in Singapore
- Penalties for Committing Theft in Singapore
- Committing Robbery in Singapore: What are the Penalties?
- Penalties for Dishonest Misappropriation of Property in Singapore
- Vandalism Laws: Penalties for Damaging Property in Singapore
- Criminal Trespass in Singapore: What Happens If You’re Caught?
- Penalties for Littering and Killer Litter Offences in Singapore
- What is a POFMA Correction Direction and How to Appeal
- Penalties for Cheating/Scamming and What Victims Can Do
- Penalties for Impersonating Someone and Victim Redress
- Singapore Fake News Laws: Guide to POFMA (Protection from Online Falsehoods and Manipulation Act)
- Laws and Penalties for Doxxing in Singapore (With Examples)
- Tax Evasion in Singapore: Penalties and Examples
- Criminal Breach of Trust (CBT) in Singapore: What is It?
- All You Need to Know About Corruption in Singapore
- Anti-Money Laundering Laws and You
- 5 Things You Need to Know about Insider Trading
- Dishonest Assistance and Knowing Receipt: The Case of David Rasif
- Charged with a Traffic Offence in Singapore: What to Do
- DUI: Here are the Penalties for Drink-Driving in Singapore
- What Happens If You’re Caught Speeding in Singapore?
- Road Rage: What is It and How are Offenders Sentenced in Singapore
- Penalties for Dangerous Driving for Singapore Drivers
- Fatal Traffic Accidents: Are Drivers Always Punished?
- Guide to E-Scooter and PMD Laws for Singapore Riders
- Is it Legal for Drivers to Carpool in Singapore?
- Radicalisation and Terror Attack-Related Penalties in Singapore
- Causing a Public Nuisance in Singapore: What are the Penalties?
- Causing Public Alarm in Singapore: Examples & Penalties
- Public Assemblies and Processions in Singapore
- Misbehaving in Public: 5 Things You Need to Know
- Racial Enmity: Sections 298 and 298A Penal Code Explained
- Religious Cults in Singapore: Are they Illegal? Penalties & More
- Penalties for Financing Terrorist Operations in Singapore
- Penalties for Abetting Minors or Committing Crimes Against Them
- Misusing the Singapore Flag and Other National Symbols
- Here are the Penalties for Committing Forgery in Singapore
- Arson and Fire-Related Offences and Their Penalties in Singapore
- Offences Against the Dead and What Family Members Can Do
- Laws on Prohibited, Replica and Self-Defence Weapons
- Penalties for Attempting to Commit a Crime in Singapore
- Penalties for Assaulting a Person in Singapore
- Expats Charged With Offences in Singapore: What to Expect
- What are the Penalties for Hiring Phantom Workers in Singapore?
- What Are Ponzi Schemes? Are They Illegal in Singapore?
- Modification of Cars, Motorcycles, Etc: Is It Legal in Singapore?
- Penalties for Illegal Immigration and Overstaying in Singapore
- Criminal Intimidation: Penalties for Making Threats in Singapore