Structuring the Notional Imprisonment Period When the Accused Is Unfit to Plead – Abdul Ghufran bin Abdul Wahid v Public Prosecutor [case comment]
Abhishek Behera & Aaron Yoong
[2026] SAL Prac 13
Abstract:
This case comment examines how Abdul Ghufran bin Abdul Wahid v Public Prosecutor [2025] 3 SLR 1572 brings clarity to Singapore’s “fitness to plead” regime by structuring the nominal imprisonment period (“NIP”) as a principled, non-punitive ceiling on confinement for unfit accused persons. It explains the General Division of the High Court’s four-step framework, the elevation of prevention over rehabilitation at the NIP stage, and the constrained role of mental disorders in adjusting the provisional term. It further highlights the decisive influence of psychiatric evidence and explores how the framework mediates between consistency, individualised justice, and public protection.