Rahayu Mahzam on criminal charges against people with mental disabilities

The responsibility for deciding whether to charge a person with any offence is vested in the Public Prosecutor. Where the person has a mental condition or disability, the Public Prosecutor will consider its nature, severity and connection - if any - with the alleged offence. Where appropriate - for example, where the person has no criminal history, the alleged offence is not serious, and the person’s culpability is lowered as a result of his condition or disability - the Public Prosecutor may decide to issue a warning and refer the person for treatment at facilities such as the Institute of Mental Health. Alternatively, if charges are laid, the charging and sentencing position may be calibrated. Senior Parliamentary Secretary for Law Rahayu Mahzam said this in Parliament on Tuesday (Jan 10) in response to an MP’s question.