MinLaw committed to task force to support those with unseen disabilities in legal system: Edwin Tong

A woman with intellectual disability allegedly endured sexual assault, but her ability to testify in court was doubted and no charges were filed.

A girl with undiagnosed autism spectrum disorder at the time, who was violent, was sent to a girls’ home, but she was bullied and tried to take her own life.

These real stories of two individuals with special needs were highlighted on March 26 at Singapore’s first symposium on legal challenges faced by people with invisible disabilities.

The inaugural Access to Justice (A2J) Symposium was hosted by legal aid charity Pro Bono SG at the State Courts.

Lawyer Peggy Yee, who is the chairwoman of the organising committee, told The Straits Times that invisible disabilities include mental health conditions, such as psychosis and schizophrenia, and special needs such as autism, attention deficit hyperactivity disorder and intellectual disability.

“No one wears a sign to say he has mental health issues or is autistic,” she said.

In his speech at the event, Second Minister for Law Edwin Tong said the Ministry of Law (MinLaw) would be committed to a multi-agency task force, comprising ministries and social support agencies, to support people with invisible disabilities within the justice system. The idea for such a task force was raised by Ms Yee at the symposium.

Mr Tong, who is also Minister for Culture, Community and Youth, added that a symposium of this nature was long overdue.

Noting that Singapore’s legal system has been continually enhanced over the years, he said: “There is not much point in being a first-class legal system if the members of society that it is meant to serve are unable to access it, unable to claim justice and unable to use the system.”

He added that invisible disabilities can affect people’s judgment and control, and contribute to their offences.

“We must be mindful of this, as the effects of such conditions are often unseen but can have a very serious bearing on fairness and process in the justice system,” said Mr Tong.

Ms Yee said the aim of the symposium is “to highlight the challenges faced by persons with invisible disabilities as they navigate the legal system, whether as a victim or offender”.

About 400 people from the judiciary, law enforcement, legal, medical and social services attended the symposium.

They explored issues including the criminal justice system’s effectiveness for those with hidden disabilities, and the need to reconsider approaches for their rehabilitation, treatment and punishment.

Participants were invited to use virtual reality to experience life as a person with an invisible disability, such as feeling overwhelming anxiety or having visual hallucinations.

Ms Yee said in her speech: “How do (people with invisible disabilities) advocate for themselves when they struggle to process information? How do they exercise their rights when they are unable to articulate themselves?”

One of the panellists, Dr Kenneth Koh, senior consultant at the Institute of Mental Health, told ST that one of the most pressing issues is that individuals’ mental conditions are not picked up, especially in cases where they can hide their symptoms.

“As doctors, we must first and foremost treat... Therefore, I would also hope that offenders with invisible disabilities can be picked up earlier and referred for forensic psychiatric evaluation. This is especially important in cases of capital offences so that they can be managed appropriately, both psychiatrically and legally,” he said.

Ms Yee also said those present at the symposium must advocate for access to justice, even if it makes for a difficult conversation.

Encouraging participants to take action, she said: “This is not a task for one agency or one organisation. The challenges that exist are multifaceted and complex, but they are not insurmountable.”

Mr Tong said that MinLaw has worked with partners such as Pro Bono SG to ensure legal resources are accessible in the community.

In 2024, more than 1,500 clients received legal support through two community law centres in Hougang and Woodlands.

Another initiative to support offenders, victims and witnesses with intellectual disability is Minds’ Community Forensic Services (CFS), which started in 2021. ST reported in March that CFS’ cases doubled from 40 in 2022 to over 80 in 2023.

One of its clients was Andy (not his real name), who has a below-average IQ of 53. He was jailed multiple times between 2016 and 2021, mostly for theft offences.

Former president Halimah Yacob, who attended the symposium, said effective partnerships between law enforcement and community groups, such as CFS, should be expanded.

Madam Halimah, who is currently the chancellor of the Singapore University of Social Sciences, said: “I’ve been involved with persons with disabilities for a number of years and when I was president, and I understand their challenges navigating our legal system, which can be equally daunting for their caregivers too.”

Symposium panellists included Chief Public Defender Wong Kok Weng, deputy chief prosecutors David Khoo and Wong Woon Kwong, Deputy Principal District Judge Kessler Soh, lawyers and psychiatrists.

Speaking to ST, Mr Khoo said a balance must be struck between treating offenders with invisible disabilities with compassion and ensuring public safety and justice for the victims.

“There is also a need to ensure (such offenders) are treated fairly during the investigation stage and given a chance to be diverted from the criminal justice system, where necessary. If they are convicted and sentenced, the sentencing should also consider their invisible disability,” he added.

Victims with invisible disabilities should also be given a voice in court. This means understanding their limitations, and taking these factors into consideration during court proceedings, said Mr Khoo.

To address this need, the Attorney-General’s Chambers’ crime division in July 2024 introduced the special victims group, which comprises a team of prosecutors who focus on vulnerable victims, including those with invisible disabilities.

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

Claudia Tan is a journalist at The Straits Times covering the crime and court beat.

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

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