PART 2 | PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS |
| Grave breaches of scheduled Conventions |
3.—(1) Any person, whatever his or her citizenship or nationality, who, whether in or outside Singapore, commits, aids, abets or procures the commission by any other person of any grave breach of any scheduled Convention as is mentioned in the following Articles respectively of those Conventions:| (a) | Article 50 of the Convention set out in the First Schedule; | | (b) | Article 51 of the Convention set out in the Second Schedule; | | (c) | Article 130 of the Convention set out in the Third Schedule; or | | (d) | Article 147 of the Convention set out in the Fourth Schedule, |
| shall be guilty of an offence and shall be liable on conviction — |
| (e) | in the case of such a grave breach involving the wilful killing of a person protected by the Convention in question, to imprisonment for life; | | (f) | in the case of any other such grave breach, to imprisonment for a term not exceeding 14 years. |
| (2) In the case of an offence under this section committed outside Singapore, a person may be proceeded against, charged, tried and punished therefor in any place in Singapore as if the offence had been committed in that place, and the offence is, for all purposes incidental to or consequential on the trial or punishment thereof, deemed to have been committed in that place. |
| (3) No Magistrate’s Court or District Court has jurisdiction to try any offence under this section, and proceedings for the offence must not be instituted except by or on behalf of the Public Prosecutor. |
| (4) If in proceedings under this section in respect of a grave breach of any scheduled Convention any question arises under Article 2 of that Convention (which relates to the circumstances in which the Convention applies), that question is to be determined by the Minister and a certificate purporting to set out any such determination and to be signed by or on behalf of the Minister must be received in evidence and is deemed to be so signed without further proof, unless the contrary is shown. |
| (5) The written law relating to the trial by a subordinate military court of persons who commit civil offences has effect for the purposes of the jurisdiction of subordinate military courts convened in Singapore as if this section had not been passed. |
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| Notice of trial of protected person to be served on Protecting Power |
4.—(1) The court before which —| (a) | a protected prisoner of war is brought up for trial for any offence; or | | (b) | a protected internee is brought up for trial for an offence for which that court has power to sentence him or her to death or to imprisonment for a term of 2 years or more, |
| must not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the Public Prosecutor, has been served not less than 3 weeks previously on the Protecting Power and, if the accused is a protected prisoner of war, on the accused and the prisoner’s representative. |
(2) The particulars mentioned in subsection (1) are —| (a) | the full name and description of the accused, including the date of the accused’s birth and his or her profession or trade (if any) and, if the accused is a protected prisoner of war, his or her rank and army, regimental, personal or serial number; | | (b) | the accused’s place of detention, internment or residence; | | (c) | the offence with which the accused is charged; and | | (d) | the court before which the trial is to take place and the time and place appointed for the trial. |
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(3) For the purposes of this section a document purporting —| (a) | to be signed on behalf of the Protecting Power or by the prisoner’s representative or by the person accused, as the case may be; and | | (b) | to be an acknowledgment of the receipt by that Power, representative or person on a specified day of a notice described therein as a notice under this section, |
| is, unless the contrary is shown, sufficient evidence that the notice required by subsection (1) was served on that Power, representative or person on that day. |
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| (4) In this section “prisoner’s representative”, in relation to a particular protected prisoner of war at a particular time, means the person by whom the functions of prisoners’ representative within the meaning of Article 79 of the Convention set out in the Third Schedule were exercisable in relation to that protected prisoner at the camp or place at which that protected prisoner was, at or last before that time, detained as a protected prisoner of war. |
| (5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, despite anything in any other written law, remand the accused for the period of the adjournment. |
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| Legal representation of certain persons |
5.—(1) The court before which —| (a) | any person is brought up for trial for an offence under section 3; or | | (b) | a protected prisoner of war is brought up for trial for any offence, |
| shall not proceed with the trial unless — |
| (c) | the accused is represented by counsel; and | | (d) | it is proved to the satisfaction of the court that a period of at least 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the counsel, |
| and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, despite anything in any other written law, the court may remand the accused for the period of the adjournment. |
| (2) Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him or her, counsel instructed for the purpose on behalf of the Protecting Power is to be regarded, without affecting the requirements of subsection (1)(d), for the purposes of that subsection as representing the accused. |
| (3) If the court adjourns the trial pursuant to subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or her or instructed as mentioned in subsection (2), counsel assigned pursuant to this subsection is to be regarded, without affecting the requirement of subsection (1)(d), for the purposes of that subsection as representing the accused. |
| (4) Counsel must be assigned, pursuant to subsection (3), in such manner as the Minister may by order prescribe, and any counsel so assigned is entitled to be paid out of moneys provided by such sums in respect of fees and disbursements as the Minister may by regulations prescribe. |
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| Appeals by protected persons |
6.—(1) A protected prisoner of war or a protected internee who has been convicted and sentenced to death or to imprisonment for a term of 2 years or more may appeal against the conviction and sentence imposed upon him or her.(2) Despite section 377(2) of the Criminal Procedure Code 2010, notice of an appeal under subsection (1) shall be given not later than 10 days after the date on which the protected person receives a notice given —| (a) | in the case of a protected prisoner of war, by an officer of the Singapore Armed Forces; or | | (b) | in the case of a protected internee, by or on behalf of the governor of the prison in which the protected internee is confined, |
| that the Protecting Power has been notified of the protected person’s conviction and sentence. |
[40/2019] |
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7.—(1) It is lawful for the Minister, in any case in which a protected prisoner of war or a protected internee is convicted of an offence and sentenced to a term of imprisonment, to direct that there is to be deducted from that term a period not exceeding the period (if any) during which that person was in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), before the sentence began, or is deemed to have begun, to run.| (2) It is lawful for the Minister in a case where he or she is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, either on remand or after committal for trial (including the period of the trial), for an aggregate period of at least 3 months, to direct that the prisoner be transferred from that custody to the custody of an officer of the Singapore Armed Forces and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed by the remand or committal order. |
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