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K Shanmugam on court judgment on wrongful arrest

12:53 Min

The Government has concerns about a recent finding by the High Court that a man was wrongfully arrested and imprisoned, with the police taking “a different view” from the court. The Ministry of Home Affairs (MHA) is considering whether to seek permission to challenge the judgment or change the law to address any gaps between “policy intent and position in law”. Law and Home Affairs Minister K Shanmugam said this in Parliament on Tuesday (Feb 7) in response to MPs’ questions about the case, in which a man was awarded S$20,000 in damages after he was found to have been wrongly jailed on the basis of mental illness. Mr Shanmugam said one of MHA’s concerns is that the High Court judgment would lead to defensive policing, where officers on the ground do the least possible to avoid being over-analysed. He said this could have a “detrimental effect” on Singapore’s safety and security, and an environment in which police actions are unfairly critiqued will inevitably undermine public trust in the police. The court decision might also adversely impact the ability of the police to detain individuals under the Mental Health (Care and Treatment) Act. Mr Shanmugam also revealed that over the past three years, an average of 78 police officers had been subject to disciplinary proceedings annually, with about 10 charged with criminal offences each year.

The Government has concerns about a recent finding by the High Court that a man was wrongfully arrested and imprisoned, with the police taking “a different view” from the court. The Ministry of Home Affairs (MHA) is considering whether to seek permission to challenge the judgment or change the law to address any gaps between “policy intent and position in law”. Law and Home Affairs Minister K Shanmugam said this in Parliament on Tuesday (Feb 7) in response to MPs’ questions about the case, in which a man was awarded S$20,000 in damages after he was found to have been wrongly jailed on the basis of mental illness. Mr Shanmugam said one of MHA’s concerns is that the High Court judgment would lead to defensive policing, where officers on the ground do the least possible to avoid being over-analysed. He said this could have a “detrimental effect” on Singapore’s safety and security, and an environment in which police actions are unfairly critiqued will inevitably undermine public trust in the police. The court decision might also adversely impact the ability of the police to detain individuals under the Mental Health (Care and Treatment) Act. Mr Shanmugam also revealed that over the past three years, an average of 78 police officers had been subject to disciplinary proceedings annually, with about 10 charged with criminal offences each year.

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