Singapore Armed Forces Act(CHAPTER 295)
Table of Contents
Long Title
Part I PRELIMINARY
1 Short title and commencement
2 Interpretation
3 Application
4 Liability for military offences
5 Liability for offences under the Emergency (Essential Powers) Act
6 Jurisdiction of civil courts
Part II ORGANISATION OF SINGAPORE ARMED FORCES
7 Establishment and organisation of Singapore Armed Forces
8 Establishment of Armed Forces Council
8A Armed Forces Council to provide for certain matters
8B Quorum
8C Committees appointed by Armed Forces Council
9 Style, seal and proceedings of Armed Forces Council
10 Appointment of officers
10A Appointment of Chiefs of Defence Force, Army, Air Force and Navy
10B Appointment of warrant officers
Part III MILITARY OFFENCES
11 Misconduct in action
12 Assisting the enemy
13 Unauthorised disclosure of information
14 Offences in connection with captivity
15 Mutiny
16 Offences by or in relation to sentries, persons on watch, etc.
17 Disobedience of, non-compliance with lawful orders, etc.
18 Looting
19 Insubordinate behaviour
20 Obstruction of military policemen
21 Disobedience of general orders
22 Absence without leave
23 Desertion
24 Failure to report deserters and absentees
25 Conduct to the prejudice of good order or discipline
26 Cruel, indecent or disgraceful conduct
27 Non-prevention of offences
28 Ill-treatment
29 Abuse of authority
30 Personation and excess of authority
31 Creating despondency or alarm
32 Malingering
33 Intoxication
34 Possession, etc., of drugs
35 Abandonment of aircraft or vessel
36 Causing or allowing any ship, vessel or aircraft to be lost or hazarded
37 Offences by commanding officer in relation to ship, vessel or aircraft taken as prize
38 Further offences in relation to ship, vessel or aircraft taken as prize
39 Offences in relation to an officer in a ship convoying and protecting a vessel
40 Disobeying lawful command of captain of ship
41 Endangering life or property
42 Damage to, and loss of, Singapore Armed Forces property, etc.
43 Dishonest misappropriation of Singapore Armed Forces property
44 Misapplication and waste of Singapore Armed Forces property
45 Unlawful arrest
46 Resistance to arrest
47 Escape and permitting escape and unlawful release from custody
48 Contempt
49 False evidence
50 Falsification of documents
51 Refusing medical or dental examination and treatment
52 Obstructing investigation
53 Inaccurate certification
54 Dangerous flying, etc.
55 Low flying
56 Annoyance by flying
57 Irregular arrest and confinement
58 Abetments and attempts
59 Justification, excuse and defence
Part IV SUMMARY TRIAL BY DISCIPLINARY OFFICERS
60 Interpretation of this Part
61 Summary disposal of charges for offences not specified in Schedule
62 Charges and jurisdiction
63 Powers of junior disciplinary officer when dealing with charge
64 Powers of senior disciplinary officer when dealing with charge
65 Powers of superior commander when dealing with charge
65A Powers of Chief of Defence Force when dealing with charge
66 Restrictions on power to dismiss charge
67 Remission of case for trial or otherwise
68 Powers of punishment of junior disciplinary officer
69 Powers of punishment of senior disciplinary officer
70 Powers of punishment of superior commander
70A Powers of punishment of Chief of Defence Force
71 Detention in default of fine
72 Power of Senior Disciplinary Committee
73 Compensation
74 Recovery of compensation
75 Power to quash finding of disciplinary officer
76 Inapplicability of law of evidence
77 Right of accused to elect for trial by a subordinate military court
78 Time limits for summary trial
79 Record of proceedings
Part V TRIAL BY SUBORDINATE MILITARY COURTS
80 Subordinate military courts
81 Constitution of a general court martial
82 Judge Advocate-General, judge advocates and legal personnel
83 Field general courts martial
84 Ineligibility
85 Members of subordinate military courts may belong to same or different units
86 Record of proceedings
87 Oath and affirmation
88 Challenges by accused
89 Effect of death or sickness on subordinate military court
90 Power to convict for offence other than that charged
91 Power to order restitution of stolen property
92 Decision
93 Regulations of procedure
94 Application of the Criminal Procedure Code
95 Procedure in the absence of provisions
96 Proceedings not to be set aside
97 Application of general rules of evidence
98 Military documents as evidence
99 Certificate relating to controlled drug
100 Urine test
101 Transcript
102 Representation
103 Publicity
104 Proceedings in camera
105 Publications and photographs
106 Investigation materials before a field military court
107 Independence of subordinate military courts
Supplementary provisions as to trial
108 Person not to be tried twice
109 Trial and punishment of offences where offender ceases to be subject to military law
110 Liability to military law in respect of place of commission of offence
111 Limitation of time for trial of offences
112 Trial of civil offences
113 Summoning and privilege of witnesses at subordinate military courts and misconduct of civilians thereat
114 Evidence of civil conviction or acquittal
115 Evidence of conviction of subordinate military court
Review of findings and sentences of subordinate military courts
116 Review of findings and sentences of subordinate military courts by reviewing authority
117 Power to order a retrial
Part VI PUNISHMENTS OF MILITARY OFFENCES AND EXECUTION OF SENTENCES
Punishments
118 Scale of punishments, etc.
119 Punishment for aggravated disciplinary barrack offences
120 Suspension of sentence
Execution of sentences
121 Commencement of sentences
122 Sentence of detention or special detention in disciplinary barrack
123 Civil prisons may receive military prisoners
124 Provisions as to persons unlawfully at large
125 Mode of executing sentence of caning
126 Power of President to grant pardon and to mitigate punishment, etc.
Part VII MILITARY COURT OF APPEAL
General provisions
127 Establishment, jurisdiction and powers of Military Court of Appeal
128 Oath and affirmation
129 Notice and petition of appeal
130 Bail pending appeal
131 Delivery of notice of appeal
132 Convening order
133 Delivery of convening order
134 Withdrawal of appeal
135 Joint or separate appeal
136 Delivery of judgment and record to Military Court of Appeal
137 Proceedings in Military Court of Appeal
138 Effect of death or sickness on Military Court of Appeal
139 Removal from office and bar to serve in Military Court of Appeal, etc.
140 Challenge by accused
Powers of Military Court of Appeal
141 Interpretation of this Part
142 Power to quash conviction as wrong in law, etc.
143 Adjustment of sentence in case of conviction on 2 or more charges
144 Substitution of conviction on different charge
145 Variation of conviction so as to attract different sentence
146 Substitution of finding of insanity or unfitness to plead
147 Term of sentence passed under section 142, 143, 144 or 145
148 Retrial generally excluded
149 Power to authorise retrial in certain cases
150 Implementation of authority for retrial, and supplementary orders of Military Court of Appeal
Supplementary provisions
151 Presentation of appellant’s case
152 Evidence
153 Mode of taking additional evidence
154 Judgment
155 Judgment to be certified to trial court
156 Appeal not to operate as stay of execution
157 Summary rejection of appeal
158 Reference of point of law to Military Court of Appeal in case of acquittal by subordinate military court
159 Costs of appeal
160 No appeal from Military Court of Appeal
161 Regulations of procedure in Military Court of Appeal
Part VIII ARRESTS, SEARCHES AND INVESTIGATIONS
Arrests
162 General authority
163 Search of place where person sought to be arrested has entered
164 Powers of officers
165 Powers of servicemen
166 Powers of military policemen
167 Power of arrest of suspected deserters
168 Proceedings before a civil court where persons suspected of illegal absence
169 Issue of warrant of arrest
170 Warrants to whom directed
171 Provision for avoiding delay after arrest
Searches
172 Search of persons arrested
173 Power of search by persons of a superior rank
174 Search warrant
175 Searching of women
176 Forms of warrants
Investigations
177 Investigating officers
178 Restriction on powers of investigating officers
179 General powers of investigating officers
180 Witnesses
181 Admissibility of statements
182 Circumstances in which inferences may be drawn from accused’s failure to mention particular facts when informed that he may be prosecuted for an offence
Part VIIIA BAIL AND BONDS
182A Interpretation of this Part
182B When person subject to military law may be released on bail
182C Amount of bail or bond
182D Person released on bail to give address for service
182E Bond to be executed
182F Person to be released
182G Re-arrest in case of insufficient sureties
182H Cash deposit instead of sureties
182I Sureties may apply to have bond discharged
182J Arrest on breach of bond for appearance
182K Procedure on forfeiture of bond
Part IX BOARDS OF INQUIRY
183 Board of inquiry
184 Composition
185 Powers
186 Application of section 113 to board of inquiry
187 Evidence and procedure
188 Admissibility of evidence
189 Sittings not open to public
190 Person who may be affected by findings
191 Record of proceedings
Part X PAY
192 Authorised deductions only to be made from pay
193 Deductions from ordinary pay of servicemen
194 How deduction of pay may be remitted
195 Supplemental provisions as to deductions from ordinary pay
196 Prohibition of assignment of military pay, pensions, etc.
197 Write off of public property
Part XI MISCELLANEOUS
198 Application of emergency powers
199 Emergency powers
200 Compensation and remuneration
201 Obstruction of exercise of emergency powers
202 Exemption of servicemen from certain laws
203 Reduction in rank for inefficiency
204 Mode of complaint by servicemen
205 Regulations
206 Pensions
207 Regulations to be presented to Parliament
208 General Orders of Ministry of Defence
209 Transitional provision
Legislative History