SMU | YPH SCHOOL OF LAW | 2026
SEMINAR 4
COMPETENCY IN CRIMINAL PROCEEDINGS
Seminar synopsis
This week, we turn our focus towards the issue of competency in criminal proceedings. Also known as fitness to plead and/or stand trial, competency is an area that features prominently both in the criminal justice system and in the study of law and psychology. Some have even gone as far as to label it the most significant mental health inquiry pursued in the system of criminal law.
Many factors can affect whether or not an accused person is fit or competent enough to meaningfully participate in the proceedings against him. These factors may include age, intelligence, and more commonly, soundness of mind.
We will explore the legal bases of the doctrine of competency, how competency is assessed by clinicians and the courts, and what the outcomes are if an accused person is found unfit to plead.
Readings
Bartol, Chapter 4: Competencies and Criminal Responsibility
Brent, chapter on Assessing Competency in Criminal Proceedings.
Molly Cheang, "Fitness to Plead in Singapore and Malaysia" (1988) 17(3) Anglo-American Law Review at 209 (available on eLearn)
Evidence Act (Cap. 97), section 120
Criminal Procedure Code 2010 (Cap. 68), sections 246 to 256.
Abdul Ghufran bin Abdul Wahid v Public Prosecutor [2025] 3 SLR 1572
Took Leng How v PP [2006] 2 SLR 70
Kee Lik Tian v PP [1984] 1 MLJ 306
Regina v Ghulam [2010] 1 WLR 891
Director of Public Prosecutions v [2008] 1 WLR 1005
As you do the above readings, think of the following questions:
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What does it mean to be competent or incompetent to plead?
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Who is at liberty to flag out a possibly incompetent accused/witness?
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What is the position in Singapore concerning competence and failure to answer questions at trial?
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How do the courts assess the competency of an accused person/witness?
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What happens if an accused person is found to be unfit to plead?
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How does the UK approach to determining fitness to plead differ from the approach in Singapore?