Supplementary provisions as to trial
Person not to be tried twice
108.—(1)  Subject to the provisions of this Act, where a person subject to military law has been acquitted or convicted of an offence by a subordinate military court or has had his or her conviction quashed by the Military Court of Appeal or the Armed Forces Council, the person shall not be liable to be tried again by a subordinate military court or any civil court or a disciplinary officer in respect of that offence or for any offence based on the same facts.
(2)  Where a person subject to military law has been acquitted or convicted of an offence by a disciplinary officer, he or she shall not be liable to be tried again by a subordinate military court or a disciplinary officer in respect of that offence or for any offence based on the same facts but the person may be tried for the same offence or for an offence based on the same facts by a civil court which must in awarding punishment have regard to any military punishment the person may already have undergone as a result of his or her conviction by a disciplinary officer.
(3)  Where a person subject to military law has been acquitted or convicted of an offence by a competent civil court, he or she shall not be liable to be tried in respect of that offence by a subordinate military court or a disciplinary officer.
Trial and punishment of offences where offender ceases to be subject to military law
109.—(1)  Subject to section 111, where an offence under this Act triable by a subordinate military court or by a disciplinary officer has been committed or is reasonably suspected of having been committed by any person while subject to military law then in relation to that offence the person is to be treated for the provisions of this Act relating to arrest, keeping in custody, investigation of offences, trial and punishment by a subordinate military court or by a disciplinary officer (including review) and execution of sentences as continuing to be subject to military law despite ceasing at any time to be subject thereto.
(2)  Without limiting subsection (1) but subject to section 111, where an offence under this Act triable by a subordinate military court or by a disciplinary officer has been committed or is reasonably suspected of having been committed by any person while subject to military law, the subordinate military court or disciplinary officer before which the offence is triable may order that person to report for trial for the offence as if that person continued to be subject to military law despite ceasing at any time to be subject to military law.
[16/2001]
(3)  Any person who fails to comply with any order under subsection (2) —
(a)is deemed to have failed to comply with a lawful order within the meaning of section 17(2); and
(b)shall be liable to be arrested, proceeded against and punished for an offence under section 17(2) as if the person continued to be subject to military law.
[16/2001]
(4)  Where a person subject to military law is sentenced by a subordinate military court to imprisonment, special detention or detention or by a disciplinary officer to detention, this Act applies to the person during the term of his or her sentence, even though the person is discharged or dismissed from the Singapore Armed Forces, or has otherwise ceased to be subject to military law, and the person may be kept, removed, imprisoned, made to undergo special detention or detention, and punished accordingly as if the person continued to be subject to military law.
Liability to military law in respect of place of commission of offence
110.  Every person subject to military law who whether in Singapore or elsewhere commits any offence for which he or she is liable to be tried by a subordinate military court or a disciplinary officer may be tried and punished for such offence at any place (in Singapore or elsewhere) which is within the jurisdiction of a subordinate military court or disciplinary officer and in which the offender may for the time being be, in the same manner as if the offence had been committed where the trial by the subordinate military court or disciplinary officer takes place.
Limitation of time for trial of offences
111.—(1)  Subject to subsection (2), a person must not pursuant to this Act be tried for any offence triable under this Act unless the trial is started within 3 years after the later of the following dates:
(a)the date on which the offence was committed;
(b)the date on which information relating to the commission of that offence was reported to a disciplinary officer having jurisdiction over the accused or to a military policeman.
(2)  This section does not apply to a trial for the offence of misconduct in action, assisting the enemy, mutiny, absence without leave or desertion.
(3)  For the purpose of this section, the trial of any person by a subordinate military court for any offence starts when the person appears or is brought before a subordinate military court for the first time in connection with the offence, despite the fact that the subordinate military court before which the person appears or is brought for the first time may for any reason, adjourn or postpone the trial, and another subordinate military court is convened to try the person for the offence.
(4)  Where a serviceman has served continuously in an exemplary manner for not less than 3 years in the Singapore Armed Forces, the serviceman must not be tried for the offence of desertion (other than desertion on active service) if that offence was committed more than 3 years before the trial starts.
(5)  This section does not affect the jurisdiction of a civil court in the case of any offence triable by such court.
Trial of civil offences
112.—(1)  Subject to subsection (2), every person subject to military law who commits any of the following offences:
(a)any offence under sections 121 and 121A of the Penal Code 1871;
(b)murder;
(c)culpable homicide not amounting to murder;
(d)rape;
(e)sexual assault by penetration;
(f)any other offence which when committed in Singapore is punishable by the law of Singapore,
shall, if charged under this section with any such offence, be liable to be tried by a subordinate military court and on conviction to be punished as follows:
(g)if the person is convicted of any offence under sections 121 and 121A of the Penal Code 1871 — death, or any less punishment authorised by this Act;
(h)if the person is convicted of murder — death;
(i)if the person is convicted of any other offence for which the punishment of death is authorised under any written law had the person been convicted by a civil court for such other offence — death;
(j)if the person is convicted of culpable homicide not amounting to murder — imprisonment or any less punishment authorised by this Act;
(k)if the person is convicted of rape or sexual assault by penetration — imprisonment or any less punishment authorised by this Act; or
(l)if the person is convicted of any other offence, whether the offence is committed in Singapore or elsewhere, which when committed in Singapore is punishable by the law of Singapore, either —
(i)any punishment as might be awarded to the person under this Act in respect of an act, conduct or neglect to the prejudice of good order or discipline; or
(ii)any punishment that may be awarded for the offence under any written law, had the person been convicted by a civil court for the offence and, in addition to or in lieu of such punishment, one or more of the punishments specified in section 118(1)(c), (d), (e), (f), (g), (h), (j), (k) and (l), and any punishment which may be imposed under section 118(10), (11), (13) and (14), which is or are not prescribed by the written law for the offence.
[51/2007]
(2)  A person subject to military law must not be tried by a subordinate military court for murder or culpable homicide not amounting to murder unless —
(a)the person against whom the offence was committed was at the time of the offence subject to military law; or
(b)the offence was committed while on active service.
(3)  Despite anything in this section, the Attorney‑General may, on his or her own motion, if he or she thinks it expedient for the ends of justice or on the application of the Director, Legal Services of the Singapore Armed Forces, at any time before the finding is pronounced order that a person subject to military law who is charged with a civil offence under this section is not to be tried by a subordinate military court.
(4)  Upon an order being made under subsection (3), the case must be transferred to and be tried by a civil court.
Summoning and privilege of witnesses at subordinate military courts and misconduct of civilians thereat
113.—(1)  Every person required to give evidence before a subordinate military court may be summoned or ordered to attend in the prescribed manner.
(2)  Every person attending pursuant to such summons or order as a witness before any subordinate military court has, during his or her necessary attendance at such court, and in going to and returning from the court, the same privilege from arrest as he or she would have if he or she were a witness before a civil court.
(3)  Where any person who is not subject to military law —
(a)on being duly summoned as a witness before a subordinate military court and after payment or tender of the reasonable expenses of his or her attendance, does not attend; or
(b)being in attendance as a witness —
(i)refuses to take an oath legally required by a subordinate military court to be taken;
(ii)refuses to produce any document in his or her power or control legally required by a subordinate military court to be produced by the person; or
(iii)refuses to answer any question to which a subordinate military court may legally require an answer,
the president of the subordinate military court may certify the offence of that person under the president’s hand to a Magistrate’s Court.
(4)  The Magistrate’s Court may thereupon inquire into such alleged offence, and after examining any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish that person in the like manner as if he or she had committed the offence in a proceeding in that Court.
(5)  Where a person not subject to military law when examined on oath or on affirmation before a subordinate military court wilfully gives false evidence, the person shall be liable on conviction before a competent court to be punished for the offence of giving false evidence in a judicial proceeding.
(6)  Where a person not subject to military law is guilty of any contempt towards a subordinate military court, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members of or witnesses before the court, or to bring the court into disrepute, the president of the subordinate military court may certify the offence of that person under the president’s hand to a Magistrate’s Court.
(7)  The Magistrate’s Court may thereupon inquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish or take steps for the punishment of that person in the like manner as if he or she had been guilty of contempt of that Court.
Evidence of civil conviction or acquittal
114.—(1)  Whenever any person subject to military law has been tried by any civil court, the registrar or clerk of the court or his or her deputy, or other officer having the custody of the records of that court, must, if required by the commanding officer of the person, or by any other serviceman (being an officer, a warrant officer or a military expert of or above the rank of ME3), transmit to him or her a certificate setting forth the offence for which the person was tried, together with the judgment or order of the court thereon, or if he or she was acquitted, the acquittal.
[28/2009]
(2)  Any such certificate is sufficient evidence of the conviction and sentence or of the order of the court or of the acquittal of the prisoner, as the case may be.
Evidence of conviction of subordinate military court
115.—(1)  The original proceedings of a subordinate military court purporting to be signed by the president of the court and being in the custody of an officer of the court or the registrar are deemed to be of such a public nature as to be admissible in evidence on their mere production from such custody.
(2)  Any copy of the original proceedings of a subordinate military court purporting to be certified by an officer, a warrant officer, a military expert of or above the rank of ME3 or the registrar to be a true copy of such proceedings or of any part thereof, is admissible in evidence without proof of the signature of the president of the court.
[28/2009]