More trained to help those with special needs through police interviews, court and prison processes

When people with special needs break the law, their anxiety may be even more pronounced as they go through police interviews, court hearings and prison stints.

To address this, more people have been trained to help those with special needs navigate the criminal justice system.

The Appropriate Adult Scheme for Persons with Mental Disabilities had 90 volunteers in 2016 when Minds – then known as the Movement for the Intellectually Disabled of Singapore – was appointed to run it.

It now has more than 360 volunteers as at December 2024.

Appropriate Adults (AAs) are volunteers trained to assist those with intellectual disabilities, autism or mental health issues through interviews with the authorities, by facilitating effective communication and providing emotional support.

Retiree Madan Mohan Singh, 72, an AA with 12 years’ experience, said suspects usually feel scared and intimidated during police interviews.

Mr Singh sets them at ease by introducing himself as their “buddy”.

He said: “They need somebody whom they can trust, (in order) to be open.”

Madam Kng Kim Eng, 60, a part-time technology consultant who has been an AA for six years, once helped a woman with intellectual disability during a police interview. The woman became emotional as she did not understand why she was accused of being a money mule.

Madam Kng explained that although she did not transfer money to anyone, it was an offence to give others access to her bank account, which was used illegally.

The interview proceeded after the woman calmed down.

Madam Kng said: “We should not interfere with the interview, but we have to look out for signs the suspect is feeling stressed.”

A police spokeswoman said AAs are activated for cases where investigation officers assess that the person has special needs or mental health issues, except in instances where there are extenuating circumstances.

This may be when urgent interviews are needed to prevent the disposal of evidence or another crime from being committed.

She added that the authorities will notify caregivers of the arrest and investigation of special needs suspects, and invite caregivers to provide more information about the suspect’s medical condition.

In court, judges, court officers and interpreters use simple English when communicating with people with special needs. The pace of court proceedings is adjusted so they can follow.

A Singapore Courts spokesperson said such individuals are often referred to the State Courts Centre for Specialist Services (CSS), a team of psychologists, counsellors and social workers.

The team may conduct a community court conference to understand the underlying causes of offending behaviour, and refer them to other social service agencies.

Ms Nurhafidzah Mohamed Kamal, a senior court social worker in CSS, once helped an offender with intellectual disability who had difficulties expressing himself. She printed icons related to daily living activities like household chores and various emotions, so that he could point to them as they conversed.

Said Ms Nurhafidzah: “At least he could contribute when I asked him questions like, ‘What did you do today?’ and ‘How do you feel?’”

The Singapore Prison Service (SPS) said all prison officers are trained to engage inmates with intellectual disabilities or autism.

Since 2022, SPS has worked with Minds to provide training for officers in areas like communication and behaviour management.

Correctional unit officer Mahad Ridzuan Mohd Zin, who has worked in Changi Prison’s Psychiatric Correctional Unit (PCU) for about nine years, manages such inmates.

In an e-mail interview, he said these inmates could be housed in cells of one, four or up to eight people, based on their medical needs, and safety and security risks.

Those with special needs whose conditions are more stable are housed with the general inmate population.

Those who need specialised treatment will go to the PCU, where SPS engages the Institute of Mental Health to conduct psychiatric treatment programmes, including therapy and counselling.

Mr Mahad said one challenge is engaging inmates who have adjustment issues, such as difficulties with being separated from their caregivers.

He said: “I will engage them more frequently to better support them.”

Ms Nurhafidzah said that for offenders with special needs, their cognitive abilities require specialised intervention.

She said: “In my eyes, they are like any other offender who needs help.”

‘I’ve forgotten how many times my son has been jailed’: Mum of man with intellectual disability

He saw a packet of sweets at a Toa Payoh supermarket. Wanting to eat it, he took it and proceeded to leave the store without paying for it.

He was nabbed by supermarket staff while walking out.

That was the first time Andy (not his real name) was caught shoplifting. He has been jailed multiple times between 2016 and 2021, mostly for theft offences.

Andy, 40, has a below-average IQ of 53. He has intellectual disability, which is defined by the Institute of Mental Health (IMH) as having an IQ of 70 or below and a significant limitation in living skills evident before turning 18.

Andy is a client at Minds’ Community Forensic Services (CFS), which was started in 2021 to support offenders, victims and witnesses with intellectual disability.

CFS said its cases doubled from 40 in 2022 to over 80 in 2023.

In its first media interview, in January 2025, CFS said the increase came after networking with the police, the Singapore Prison Service (SPS), the courts, IMH and social service agencies, which refer cases to it.

SPS said the number of inmates with intellectual disabilities or autism has decreased over the years, from 27 in 2022 to 13 in 2023, and 11 in 2024.

SPS said these inmates committed mainly drug offences or crimes against people.

The Straits Times reported at least five court cases in 2024 involving offenders with special needs.

They included a man with autism who fatally knocked down an elderly man while sprinting to catch a bus, and another man with mild intellectual disability who molested children in public.

The first man was jailed for eight months and a week, and fined $1,000. The second was given 15 months’ jail and two strokes of the cane.

IMH defines people with autism spectrum disorders as those who have difficulties in social communication, and restricted or repetitive patterns of behaviour and interests.

Andy’s mother, who wanted to be known only as Madam Sim, 60, told her son repeatedly not to steal, but to no avail. He stole mobile phones and sold them for cash to buy food and watch movies.

Madam Sim, a single mother, said in Mandarin: “I felt very sad. I thought to myself, why did he promise me not to do it again, but still did it?

“I’ve forgotten how many times he has been jailed.”

Supervising loved ones

CFS social worker Ella Tan said some individuals with intellectual disability struggle with impulse control and evaluating consequences.

She said: “They can tell me, ‘I’ll go to jail’, but it’s just an abstract concept to them.”

Ms Gina Tan, lead social worker at SPD, a charity that helps people with disabilities, said helping clients with intellectual disability is like guiding children.

She said: “We understand you cannot take things without paying. But in their world, that is not shoplifting. To them, it’s like, ‘I’m curious’.”

Meanwhile, those who commit outrage of modesty may be motivated by their physical needs.

Ms Gina Tan added: “Our clients are like us. They want companionship, the physical touch, the intimacy. It’s just whether they know how to manage (these needs) or not.”

Andy was referred to CFS during his last jail term in 2021.

Ms Ella Tan explained to Madam Sim that Andy was not reoffending on purpose, but required more supervision to manage his impulses.

CFS said financial difficulty or dysfunctional family relationships can contribute to their clients’ offending behaviour.

Ms Jacelyn Lim, the executive director of Autism Resource Centre (Singapore), or ARC (S), which runs Pathlight School, said its students are taught values and social-emotional competencies.

For adults in its employability or residential programme, ARC (S) helps them to understand right from wrong and puts in place safety plans, including check-ins on their location and keeping them engaged with safe activities.

SPD’s Ms Tan said if social workers observe that clients are too close to people of the opposite gender, they will intervene and teach them about personal space and safety.

Minds said it teaches clients sexual education and about safe behaviour in public, and works with the police on talks about consequences related to outrage of modesty.

Consequences of crime

If they commit crimes, offenders with special needs can be arrested, charged and convicted like anyone else.

Lawyers said it can be challenging representing such clients.

Criminal lawyer Nadia Moynihan represented a mildly intellectually disabled young man accused of rape in 2018, and he could not articulate what he did.

She used dolls to communicate with him. She said he did not understand issues of consent, adding: “In his mind, he thought what he did was wrong because he would have to marry her.”

Psychiatrists found that he was still fit to plead in court, and he was sentenced to reformative training.

In sentencing him, then High Court Justice Woo Bih Li noted that there was no provision under the law for people who suffer from some intellectual disability but are not of unsound mind.

In his written judgment in 2018, the judge said neither jail nor caning, nor reformative training, seemed to be the best option for a youth with intellectual disability.

Justice Woo added that sentencing options for young offenders with intellectual disability were severely limited.

That year, then Senior Parliamentary Secretary for Home Affairs Amrin Amin told Parliament that the Ministry of Home Affairs (MHA) was studying the issue.

MHA told ST on Feb 28 that it has completed its review of sentencing options for offenders with special needs, and assessed that no changes in law are required.

A Singapore Courts spokesman said if the offence is serious, and the dominant sentencing considerations are deterrence, retribution or prevention, then reformative training or jail is more likely to be imposed.

He added: “This may have to be so even for an offender with special needs.”

Social support

Since 2021, the courts have offered an alternative option for offenders with intellectual disability who commit minor offences – the Court-Directed Pre-Sentencing Protocol for Offenders with Intellectual Disabilities (CPSP-ID).

Senior court social worker Nurhafidzah Mohamed Kamal said that in assessing an offender’s suitability for CPSP-ID, factors such as family support and motivation to seek help are evaluated.

If deemed suitable, the offender will undergo a treatment plan run by Minds, which includes therapy and family counselling sessions, for six to nine months.

Between 2021 and 2024, two out of six people assessed were found suitable for CPSP-ID.

Only one – a man in his 20s charged with shop theft – completed the programme and was given a conditional discharge. This means he was not sentenced and would not have a criminal record for that offence, on the condition he does not reoffend within a stipulated period.

Ms Peggy Yee, director of PY Legal, a firm that represents offenders with special needs, called for more social and medical workers to provide intervention and support.

Ms Yee, who is also the Law Society of Singapore’s pro bono ambassador, is organising the inaugural Access to Justice symposium on March 26 at the State Courts.

Minister for Culture, Community and Youth and Second Minister for Law Edwin Tong, former president Halimah Yacob, the chief public defender, deputy chief prosecutors, judges and lawyers will be present.

Along with psychiatrists and social workers, they will discuss how to manage, treat and sentence people with invisible disabilities, including those with special needs.

Ms Yee said: “Whilst acknowledging that (their condition) is not a free-to-go pass, they deserve justice as well.”

Ms Ella Tan taught Andy to consider the impact of his actions, and helped Madam Sim to apply for financial assistance.

Madam Sim now tracks her son’s location via her mobile phone and video-calls him if she notices anything amiss.

Andy has not reoffended since he was referred to CFS.

He is training to be a cleaner at Minds’ Woodlands Employment Development Centre.

When asked if he can steal from a shop, Andy shook his head, cuffed his right wrist, and said: “Catch.”

Christine Tan is a journalist at The Straits Times reporting on crime, justice and social issues in Singapore.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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