Stressful: A model posing as a patient at a ward in Hospital UMRA in Shah Alam. Reviewing the Mental Health Act will not only protect the public from those who ‘misuse’ the diagnosis of mental illness but for Malaysians to have their right to live safely and be protected, says Dr Hazli Zakaria.
PETALING JAYA: The Mental Health Act 2001 should be reviewed to protect the public against the misuse of mental illness diagnoses in the legal system and at the same time provide justice to victims, say experts.
Psychiatry expert Dr Hazli Zakaria said with the prevalence of mental health problems and mental illness since the Covid-19 pandemic, it is timely to review the Act.
“This is the right time to review, not only to protect the public from those who ‘misuse’ the diagnosis of mental illness but for Malaysians to have their right to live safely and be protected,” he said when contacted yesterday.
On Oct 26, the Health Ministry announced its preparedness to examine all factors, including potential legislative amendments, in response to concerns regarding the use of mental health as a defence in criminal cases.
Health Minister Datuk Seri Dr Dzulkefly Ahmad said it is still too early to make a decision as the matter requires thorough scrutiny.
He was responding to the growing public concern that crimes committed by individuals, supposedly with mental health issues, could result in inadequate justice for victims and their families as offenders might be deemed mentally unfit for prosecution.
Dr Hazli also highlighted the importance of having early access to basic mental health treatment and interventions, as well as to find the right mechanism to ensure those who are truly in need would be able to receive it.
He urged all relevant parties to discuss the matter to ensure best practices and in line with international standards.
Shanti Abraham, a legal practitioner, has called for the existing laws to be updated.
“The Mental Health Act needs revision and a (separate) Mental Capacity Act needs to be introduced in Malaysia together with a Vulnerable Adults Act.
“But more than that, clear policies need to be drawn up, and an early and effective dispute resolution system needs to be formulated.
“Access to mental health professionals and counselling must also improve to allow early diagnosis and treatment,” she added.
Selangor Mental Health Association president Datuk Dr Andrew Mohanraj said there is a misconception that being diagnosed with a mental illness would be considered a mitigating factor by the criminal justice system.
“This is not true, rather it is important to establish if a person was of sound mind at the time of committing a crime.
“This explores the intent of the person, the understanding of the nature of their action and the consequences of their action.
“Even if a person has been diagnosed with a mental illness, it does not mean the person was of unsound mind when the act was committed,” he said.
Dr Andrew said for further determination, the court could direct the individual to have a psychiatric evaluation, which is usually done by a forensic psychiatrist.
“Based on the report, the court can then decide on the culpability of the accused.
“I would caution individuals or their families about making frivolous claims of having a mental illness with the hope that it can lower the level of culpability or absolve the individual.
“A thorough psychiatric evaluation can detect such claims.
“At the same time, it is important to ensure that the individual receives appropriate mental health support and treatment during court proceedings, as well as during incarceration irrespective of the element of soundness of mind with relevance to the case,” Dr Andrew said.
