PART 3 APPOINTMENT AND REVOCATION OF APPOINTMENT OF PSYCHIATRISTS |
| Application for appointment |
8.—(1) Every application by a psychiatrist (called in this Part the applicant) to be appointed as a member of the Panel must be made to the Selection Committee in accordance with this rule.(2) An application must —| (a) | be in the form and manner that the Selection Committee requires; | | (b) | include all of the following particulars of the applicant:| (i) | name and contact details; | | (ii) | current job title and employer; | | (iii) | basic medical degree; | | (iv) | training and qualifications relating to psychiatry; | | (v) | every jurisdiction in which the applicant is registered, and authorised to practise, as a psychiatrist at the time of the application; | | (vi) | whether any disciplinary action has been taken, or any disciplinary proceeding is pending, against the applicant as a medical practitioner or a psychiatrist (whether in Singapore or elsewhere), and if so, the relevant details of each disciplinary action (including the decision on any appeal against the disciplinary action) and each disciplinary proceeding; | | (vii) | whether the applicant has been convicted, or has been accused in any pending court proceedings, of any offence involving dishonesty, fraud or obstruction of justice (whether in Singapore or elsewhere), and if so, the relevant details of each conviction (including the decision on any appeal against the conviction) and each court proceeding; | | (viii) | any other information that the applicant wishes to present to the Selection Committee; and |
| | (c) | if the applicant is not registered as a psychiatrist in the Register of Specialists, contain a declaration by the applicant —| (i) | that the applicant is a psychiatry resident; or | | (ii) | that the applicant has arranged, or will arrange, for the certificates mentioned in paragraph (3) to be sent to the Selection Committee. |
|
|
(3) For the purposes of paragraph (2)(c)(ii), the certificates are certificates of good standing of the applicant, issued —| (a) | by the Medical Council or licensing authority of each jurisdiction in which the applicant is registered, and authorised to practise, as a psychiatrist at the time of the application; and | | (b) | in the 3 months immediately preceding or following the application. |
|
(4) Unless allowed by the Selection Committee, and subject to paragraph (7), if —| (a) | a person had previously made an application to be appointed as a member of the Panel; and | | (b) | the Selection Committee had refused to appoint the person, |
| the person must not make another application to be appointed as a member of the Panel until at least one year after the date of the refusal. |
|
(5) If the applicant is a psychiatry resident, the applicant must, within 14 days after being notified of the outcome of an application —| (a) | to be accredited as a psychiatrist by the Specialists Accreditation Board; or | | (b) | to be registered as a psychiatrist in the Register of Specialists, |
| inform the Selection Committee in writing of the outcome. |
|
| (6) For the purposes of paragraph (5), the applicant’s obligation to inform the Selection Committee of the outcome of any application mentioned in that paragraph continues even after the applicant has been appointed as a member of the Panel. |
(7) If an applicant’s appointment as a member of the Panel was previously revoked, the applicant —| (a) | must not apply to be appointed as a member of the Panel until at least 3 years after the date on which the latest revocation takes effect; and | | (b) | must, in addition to complying with the requirements mentioned in paragraph (2), also include the following information in the application:| (i) | each date on which the applicant’s appointment was previously revoked; | | (ii) | the Selection Committee’s reasons for the revocation on that date; | | (iii) | the applicant’s justification to be appointed as a member of the Panel. |
|
|
(8) If an applicant’s appointment as a member of the Panel had previously expired without being renewed, the applicant —| (a) | may, instead of complying with the requirements mentioned in paragraph (2), make his or her application in the form and manner that the Selection Committee requires; and | | (b) | must also include the following in the application:| (i) | a declaration by the applicant on whether there has been any change to the information provided in the applicant’s latest application under this rule or rule 9 (as the case may be), and if so, the relevant details of the change with supporting documents where applicable; and | | (ii) | the reason why the applicant did not apply for renewal of his or her appointment as a member of the Panel, before the appointment expired. |
|
|
|
| Application for renewal of appointment |
9.—(1) Every application by an applicant to renew the applicant’s appointment as a member of the Panel must be made to the Selection Committee in accordance with this rule.(2) An application must —| (a) | be in the form and manner that the Selection Committee requires; and | | (b) | include a declaration by the applicant on whether there has been any change to the information provided in the applicant’s latest application under rule 8 or this rule (as the case may be), and if so, the relevant details of the change with supporting documents where applicable. |
|
| (3) An application under paragraph (1) must not be made after, or more than 3 months before, the expiry of the applicant’s current appointment as a member of the Panel. |
|
| Requirements for appointment or renewal of appointment by Selection Committee |
10.—(1) The Selection Committee must not appoint or renew the appointment of the applicant as a member of the Panel unless at least one of the following requirements is satisfied:| (a) | the applicant is registered as a psychiatrist in the Register of Specialists; | | (b) | the applicant has successfully completed 3 years of psychiatry residency training in Singapore and is receiving formal training and ongoing supervision by a medical practitioner who is registered as a psychiatrist in the Register of Specialists; or | | (c) | both of the following requirements are satisfied:| (i) | the applicant is registered, and authorised to practise, as a psychiatrist in a jurisdiction other than Singapore at the time of the application; | | (ii) | the Selection Committee has received certificates of good standing of the applicant, which are issued —| (A) | by the Medical Council or licensing authority of each jurisdiction in which the applicant is registered, and authorised to practise, as a psychiatrist at the time of the application; and | | (B) | in the 3 months immediately preceding or following the application. |
|
|
| (2) In addition to the requirements in paragraph (1), the Selection Committee must not appoint or renew the appointment of the applicant as a member of the Panel unless the Selection Committee is satisfied that there 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. |
| (3) For the purposes of section 270(7) of the Code, the period is 3 years from the date on which the latest revocation of the applicant’s appointment as a member of the Panel took effect. |
(4) In considering if the applicant satisfies the requirement in paragraph (2), the Selection Committee may consider the following non‑exhaustive factors:| (a) | the applicant’s qualifications and training relating to psychiatry; | | (b) | any observations by a court or tribunal, whether in Singapore or elsewhere, on the applicant’s evidence as an expert witness or on the applicant’s performance as a medical practitioner or psychiatrist; | | (c) | any disciplinary action taken against the applicant as a medical practitioner or a psychiatrist, whether in Singapore or elsewhere; | | (d) | any pending disciplinary proceedings against the applicant as a medical practitioner or psychiatrist, whether in Singapore or elsewhere; | | (e) | any previous convictions of the applicant of offences involving dishonesty, fraud or obstruction of justice, whether in Singapore or elsewhere; | | (f) | any pending court proceedings in which the applicant has been accused of offences involving dishonesty, fraud or obstruction of justice, whether in Singapore or elsewhere; | | (g) | any previous refusals of the applicant’s applications for appointment or renewal as a member of the Panel, that have not been overturned on appeal; | | (h) | any previous revocations of the applicant’s appointment as a member of the Panel, that have not been overturned on appeal; | | (i) | where the applicant’s appointment as a member of the Panel was previously revoked —| (i) | the circumstances leading up to the revocation; | | (ii) | the reasons for the revocation; | | (iii) | the length of time between the revocation and the application; and | | (iv) | whether the applicant has demonstrated that the reasons for the revocation no longer exist. |
|
|
(5) If the Selection Committee considers it necessary for the purpose of the application, the Selection Committee may request —| (a) | an applicant to provide any additional information or documents; and | | (b) | any other person to provide any information, document or opinion. |
|
| (6) If the Selection Committee appoints or renews the appointment of an applicant, the Selection Committee must notify the applicant, the Public Prosecutor and the Law Society, in writing of the date of appointment or renewal of the appointment and the date on which the appointment expires. |
(7) If the Selection Committee refuses to appoint or renew the appointment of an applicant, the Selection Committee must —| (a) | notify the Public Prosecutor and the Law Society in writing of its refusal; and | | (b) | notify the applicant in writing of its refusal and the reasons for its refusal. |
|
|
11.—(1) The Selection Committee may start proceedings to consider whether to revoke the appointment of a psychiatrist as a member of the Panel (called in this Part revocation proceedings) based on a complaint made to it or on its own motion.(2) A complaint must —| (a) | be made to the Selection Committee in writing; | | (b) | be in the form and manner that the Selection Committee requires; | | (c) | be supported by any statutory declaration that the Selection Committee requires, except that no statutory declaration is required if the complaint is made by a public officer; and | | (d) | set out the grounds for the complaint and the facts supporting such grounds, and be accompanied by any supporting documents. |
|
(3) After considering the complaint received in paragraph (2), the Selection Committee may —| (a) | start revocation proceedings; or | | (b) | dismiss the complaint. |
|
| (4) The Selection Committee must notify the complainant of its decision under paragraph (3). |
(5) To start revocation proceedings (whether after considering the complaint received in paragraph (2) or on its own motion), the Selection Committee must —| (a) | notify the psychiatrist in writing that the Selection Committee is considering whether to revoke the appointment of the psychiatrist as a member of the Panel, and the potential grounds for the revocation; | | (b) | give the psychiatrist one month after the date the written notice mentioned in sub‑paragraph (a) is sent to send written representations to the Selection Committee; and | | (c) | notify the Public Prosecutor and the Law Society in writing that the Selection Committee is considering whether to revoke the appointment of the psychiatrist as a member of the Panel. |
|
| (6) The Selection Committee may extend the period mentioned in paragraph (5)(b), if the psychiatrist applies to the Selection Committee in writing for an extension of time to send in the written representations. |
| (7) The Selection Committee must consider any written representations, if they are sent by the psychiatrist within the period mentioned in paragraph (5)(b) or within any extended period granted under paragraph (6), as the case may be. |
(8) If the Selection Committee considers it necessary for the purpose of the complaint, the Selection Committee may request —| (a) | the complainant to provide any additional information or documents; | | (b) | any other person to provide any information, document or opinion; and | | (c) | the psychiatrist (or the psychiatrist’s advocate) or any other person to appear before the Selection Committee. |
|
(9) The Selection Committee may —| (a) | summarily dispose of the revocation proceedings without requesting the appearance of the psychiatrist (or the psychiatrist’s advocate) or any other person before the Selection Committee; and | | (b) | adopt any procedure in the revocation proceedings as the justice of the case requires, unless the procedure is inconsistent with this rule. |
|
(10) The Selection Committee may revoke the appointment of a psychiatrist as a member of the Panel if the Selection Committee is satisfied that —| (a) | the psychiatrist no longer satisfies any of the requirements for appointment in rule 10(1); | | (b) | the psychiatrist has displayed, or is likely to display, a clear lack of objectivity or competence as an expert witness; | | (c) | the psychiatrist had failed to comply with rule 8(5); or | | (d) | any information in the psychiatrist’s application for the appointment or renewal of appointment was false or misleading in a material particular. |
|
| (11) In deciding whether to revoke the appointment of a psychiatrist as a member of the Panel under paragraph (10), the Selection Committee must have regard, and give such weight as the Selection Committee considers appropriate, to all the factors mentioned in rule 10(4). |
(12) If the Selection Committee decides to revoke the appointment of a psychiatrist as a member of the Panel, the Selection Committee must —| (a) | notify the Public Prosecutor and the Law Society in writing of its decision; | | (b) | notify the psychiatrist in writing of its decision and the reasons for its decision; and | | (c) | specify, in the written notice mentioned in sub‑paragraph (b), the date of the decision. |
|
(13) A revocation of the appointment of a psychiatrist as a member of the Panel does not take effect until —| (a) | the expiration of 28 days after the date of the decision to revoke the psychiatrist’s appointment as a member of the Panel; | | (b) | where the psychiatrist has filed an appeal under rule 12(1), the earlier of the following dates:| (i) | the date the revocation is affirmed by the Chief Justice or the appeal is withdrawn; | | (ii) | the date the psychiatrist’s appointment expires; or |
| | (c) | where the psychiatrist has made an application for an extension of time to file an appeal under rule 12(4), the latest of the following:| (i) | the expiration of the period mentioned in sub‑paragraph (a); | | (ii) | the date the Chief Justice decides not to allow the extension of time; | | (iii) | the expiration of any extended period allowed by the Chief Justice for the psychiatrist to file the appeal; | | (iv) | where the psychiatrist files the appeal within the extended period mentioned in sub‑paragraph (iii), the earlier of the following dates:| (A) | the date the revocation is affirmed by the Chief Justice or the appeal is withdrawn; | | (B) | the date the psychiatrist’s appointment expires. |
|
|
|
|
12.—(1) For the purposes of section 270(5) of the Code, any psychiatrist who is aggrieved by any decision of the Selection Committee (called in this Part the appellant) may appeal to the Chief Justice by way of an originating application.(2) The originating application must be in Form 16 of Appendix A of the Supreme Court Practice Directions, and must, in addition —| (a) | identify the decision appealed against; | | (b) | if the appeal is against a decision not to renew the appointment of the appellant, state the date on which the appellant’s latest appointment as a member of the Panel expires or has expired; | | (c) | state the reasons in support of the appeal; | | (d) | state whether the appellant wishes to adduce any further information, document or opinion and, if so, describe the further information, document or opinion that the appellant wishes to adduce; and | | (e) | enclose the Selection Committee’s decision and reasons. |
|
(3) The appellant must, within 28 days after the date of the decision of the Selection Committee —| (a) | file the originating application using the electronic filing service established under Order 28, Rule 2 of the Rules of Court 2021 (G.N. No. S 914/2021); and | | (b) | serve the originating application on the Selection Committee by electronic mail at the electronic mail address provided by the Selection Committee. |
|
| (4) The appellant may, at any time, apply to the Chief Justice in writing for an extension of time to file the appeal. |
| (5) The Registrar of the Supreme Court may convene a case conference to give directions for the appeal, including directions on the filing and service, and the contents, of written submissions for the appeal. |
(6) If the Chief Justice considers it necessary for the purpose of the appeal, the Chief Justice may —| (a) | request —| (i) | that the appellant, the Selection Committee or any other person provide any information, document or opinion, which (unless otherwise directed by the Chief Justice) must be provided by way of a letter to the Chief Justice; and | | (ii) | that the appellant (or the appellant’s advocate) or any other person appear before the Chief Justice; and |
| | (b) | allow a request by the appellant to adduce any further information, document or opinion, which must be adduced in a manner directed by the Chief Justice. |
|
(7) The Chief Justice may do all or any of the following without hearing any oral arguments or setting the appeal down for a hearing:| (a) | dispose of the appeal in accordance with paragraph (8) or (9); | | (b) | summarily dismiss the appeal; | | (c) | deliver his or her decision on the appeal in writing. |
|
| (8) After considering the appeal, the Chief Justice may affirm or reverse the decision of the Selection Committee. |
(9) If the Chief Justice reverses the decision of the Selection Committee —| (a) | not to appoint or renew the appointment of the appellant; or | | (b) | to revoke the appointment of the appellant, |
| the Chief Justice is to — |
| (c) | in the case of a decision of the Selection Committee not to appoint or renew the appointment of the appellant, direct the Selection Committee to appoint or renew the appointment of the appellant, as the case may be; or | | (d) | in the case of a decision of the Selection Committee to revoke the appointment of the appellant, set aside the revocation. |
|
| (10) In the appeal, court fees must be paid in the circumstances and in the manner set out in this rule and in the Fourth Schedule to the Rules of Court 2021, and, for the purposes of determining the court fees payable, the appeal is deemed to be a claim with a value of up to $1 million. |
(11) Order 6, Rule 2 and Order 25, Rules 1, 3 and 4 of the Rules of Court 2021 apply to the appeal, subject to the following modifications:| (a) | the references in Order 25, Rule 3 to “The Court” or “the Court” are references to “The Chief Justice” or “the Chief Justice”, respectively; | | (b) | the reference in Order 25, Rule 3(3)(a) to “settlement, discontinuance or withdrawal” is a reference to “discontinuance or withdrawal”; | | (c) | the reference in Order 25, Rule 3(4) to “settled or discontinued, or transferred to another Court” is a reference to “discontinued”; | | (d) | the reference in Order 25, Rule 3(6) to “the giving of judgment or the dismissal of any claim or counterclaim” is a reference to “summarily dismissing the appeal”. |
|
| (12) In this rule, “originating application” has the meaning given by Order 1, Rule 3(1) of the Rules of Court 2021. |
|
| Communications from Selection Committee or Chief Justice |
13.—(1) Where the Selection Committee or the Chief Justice wishes, or is required, to inform any person in writing of any matter under these Rules, the Selection Committee or the Chief Justice (as the case may be) may do so by post, fax, delivery or electronic mail.| (2) The Chief Justice may also inform any person in writing of any matter under these Rules using the electronic filing service established under Order 28, Rule 2 of the Rules of Court 2021. |
|
| Psychiatrist’s duty to inform subjects of revocation proceedings |
14.—(1) When a psychiatrist is notified under rule 11(5)(a) that the Selection Committee is considering whether to revoke his or her appointment as a member of the Panel, the psychiatrist must inform each of his or her subjects that —| (a) | there are pending revocation proceedings against the psychiatrist; | | (b) | once the revocation of the psychiatrist’s appointment takes effect, the psychiatrist will cease to be able to give his or her opinion on any matter concerning psychiatry (when given as the opinion of an expert) in any criminal proceedings in Singapore; | | (c) | until the revocation of the psychiatrist’s appointment takes effect, the psychiatrist may still give his or her opinion on any matter concerning psychiatry (when given as the opinion of an expert) in any criminal proceedings in Singapore; and | | (d) | if the revocation of the psychiatrist’s appointment takes effect after the psychiatrist has given his or her opinion on any matter concerning psychiatry (as the opinion of an expert) in any criminal proceedings in Singapore, the court hearing those proceedings may determine the weight to be given to the psychiatrist’s evidence, after considering all the circumstances of the case. |
| (2) A psychiatrist who has been notified under rule 11(12)(b) that the Selection Committee has revoked his or her appointment as a member of the Panel must inform each of the psychiatrist’s subjects of the revocation. |
| (3) In this rule, “subject”, in relation to a psychiatrist, means a person in relation to whom a psychiatrist has been, or is sought to be, engaged to provide an opinion on any matter concerning psychiatry for the purpose of adducing evidence in any criminal proceedings in Singapore. |
|
|