Powers of Military Court of Appeal
Interpretation of this Part
141.  In this Part, unless the context otherwise requires, “appellant” includes the Director, Legal Services of the Singapore Armed Forces.
Power to quash conviction as wrong in law, etc.
142.—(1)  The Military Court of Appeal is to allow an appeal against conviction by a subordinate military court if the Court thinks —
(a)that the finding of the subordinate military court under all the circumstances of the case is unsafe or unsatisfactory;
(b)that the finding involves a wrong decision of a question of law; or
(c)that there was a material irregularity in the course of the trial,
and in any other case is to dismiss the appeal.
(2)  The Military Court of Appeal may, even though it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.
(3)  If the Military Court of Appeal allows an appeal against conviction, the Court is to quash the conviction.
(4)  In an appeal from an order of acquittal, the Military Court of Appeal may reverse the order and direct that further enquiry is to be made or that the accused is to, subject to section 149, be re‑tried or find the accused guilty and pass sentence on the accused according to law.
(5)  At the hearing of an appeal, the Military Court of Appeal may subject to this Part —
(a)if the appeal is against a conviction —
(i)reverse the finding and sentence and acquit the accused or order the accused to be re‑tried under section 149;
(ii)alter the finding, maintain the sentence or, with or without altering the finding, reduce or enhance the sentence; or
(iii)with or without reduction or enhancement and with or without altering the finding, alter the nature of the sentence;
(b)if the appeal is against sentence, reduce or enhance the sentence or alter the nature of the sentence;
(c)if the appeal is from any other order, alter or reverse the order.
Adjustment of sentence in case of conviction on 2 or more charges
143.  Where —
(a)it appears to the Military Court of Appeal that an appellant, though not properly convicted on some charge preferred against the appellant before the subordinate military court by which he or she was tried, was properly convicted on some other charge so preferred; and
(b)the sentence passed by the subordinate military court on the appellant was not warranted for the offence of which he or she was convicted on the other charge,
the Court is to pass on the appellant, in substitution for the sentence passed on the appellant by the subordinate military court, a sentence so warranted that the Court thinks proper.
Substitution of conviction on different charge
144.—(1)  This section applies where an appellant has been convicted of an offence and the subordinate military court by which the appellant was tried could lawfully have found him or her guilty of some other offence, and it appears to the Military Court of Appeal that the subordinate military court must have been satisfied of the facts which proved the appellant guilty of that other offence.
(2)  The Military Court of Appeal may in the circumstances described in subsection (1), instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on the appellant by the subordinate military court, a sentence that the Court thinks proper, being a sentence warranted by that other offence.
Variation of conviction so as to attract different sentence
145.—(1)  Where an appellant has been convicted of an offence committed under circumstances involving the higher of 2 degrees of punishment, and it appears to the Military Court of Appeal that the subordinate military court by which the appellant was tried ought to have found him or her guilty of the offence as being committed under circumstances involving the lower degree of punishment, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment.
(2)  Where an appellant has been convicted of an offence and it appears to the Military Court of Appeal that the subordinate military court by which the appellant was tried ought to have found him or her guilty of the offence subject to exceptions or variations, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the offence subject to exceptions or variations.
(3)  Where the Military Court of Appeal exercises the power conferred by subsection (1) or (2), the Court may pass on the appellant, in substitution for the sentence passed on the appellant by the subordinate military court, a sentence that the Court thinks proper, being a sentence warranted for the offence specified or involved in the substituted finding.
Substitution of finding of insanity or unfitness to plead
146.  Where on an appeal the Military Court of Appeal is of the opinion that the proper finding should have been a finding that the accused was not guilty by reason of insanity or that the accused was unfit to stand trial, the Court is to order that the accused be kept in custody and dealt with in accordance with the procedure laid down in regulations made under this Act where a subordinate military court makes a finding of not guilty by reason of insanity or a finding of unfitness to stand trial.
Term of sentence passed under section 142, 143, 144 or 145
147.  The term of any sentence passed by the Military Court of Appeal under section 142, 143, 144 or 145 starts to run, unless the Court otherwise directs, from the time from which it would have started to run if it had been passed in the proceedings from which the appeal was brought.
Re‑trial generally excluded
148.  Subject to the provisions of this Act, where the conviction of a person by a subordinate military court for an offence has been quashed under this Act, the person shall not be liable to be tried again for that offence by a subordinate military court or by a civil court or by a disciplinary officer.
Power to authorise re‑trial in certain cases
149.—(1)  The Military Court of Appeal has power, on quashing a conviction or reversing an order of acquittal, to make an order authorising the appellant to be re‑tried by a subordinate military court.
(2)  The Military Court of Appeal may only exercise the power under subsection (1) when the appeal against conviction or an order of acquittal is allowed by reason only of evidence received or available to be received by the Court under section 152 and it appears to the Court that the interests of justice require that an order under this section should be made.
(3)  An appellant must not be re‑tried under this section for an offence other than —
(a)the offence of which the appellant was convicted by the original subordinate military court and in respect of which his or her appeal is allowed as mentioned in subsection (2);
(b)any offence of which the appellant could have been convicted at the original subordinate military court on a charge of the firstmentioned offence; or
(c)any offence charged in the alternative in respect of which the subordinate military court recorded no finding in consequence of convicting the appellant of the firstmentioned offence.
(4)  A person who is to be re‑tried under this section for an offence is, if the Military Court of Appeal so directs, to be re‑tried on a fresh charge or charges specified in the direction.
Implementation of authority for re‑trial, and supplementary orders of Military Court of Appeal
150.—(1)  The limitations imposed in this Act with respect to the time within which a trial may be started do not apply in the case of a re‑trial authorised by an order of the Military Court of Appeal under section 142(4) or 149.
(2)  The Military Court of Appeal may, where it authorises a re‑trial, make any orders that appear to it to be necessary or expedient for the retention until the relevant time of property or money which has been restored, delivered or paid pursuant to an order made on or in consequence of the original conviction or has been placed in safe custody while the operation of any such order is suspended.
(3)  In subsection (2), the reference to “the relevant time” is a reference to the time when the case is finally disposed of except that for the purposes of that subsection the relevant time, in a case where the appellant is found guilty on his or her re‑trial, is the end of 28 days starting with the date of the finding.