PART 8 | ARRESTS, SEARCHES AND INVESTIGATIONS |
162.—(1) Every person subject to military law found committing or reasonably suspected of having committed an offence under this Act or any regulations made under this Act may be arrested in accordance with the provisions of this Act.| (2) Any person making an arrest must actually touch or confine the body of the person being arrested unless there is a submission to the arrest by word or action. |
| (3) Every person authorised to make an arrest under this Act may use such force as is reasonably necessary for that purpose. |
| (4) Where a person (A) forcibly resists an attempt to arrest him or her or attempts to evade the arrest, the person (B) arresting A or any other person assisting B may use all means necessary to make the arrest. |
|
| Search of place where person sought to be arrested has entered |
163.—(1) If any person acting with a warrant of arrest issued under section 169 or acting without a warrant of arrest under sections 164, 165 and 166 has reason to believe that any person to be arrested has entered into or is within any place, the person residing in or in charge of the place must, on demand of the person so acting, allow that person free entry to the place and afford all reasonable facilities for search in the place of the person to be arrested.| (2) Where free entry to any place cannot be obtained under subsection (1), it is lawful for a person acting with a warrant of arrest or a military policeman acting without a warrant of arrest where such warrant is not immediately obtainable in order to effect an entrance into the place to break open any outer or inner door or window of any place, whether that of the person to be arrested or of any other person, if after notification of his or her authority and purpose and demand of admittance duly made the person or military policeman so acting cannot otherwise obtain admittance. |
|
| Powers of officers and senior military experts |
164. An officer or a senior military expert may, without a warrant of arrest, subject to regulations made under this Act, arrest —| (a) | any serviceman of lower rank; and | | (b) | any officer or senior military expert who is engaged in a quarrel, affray or disorder. [28/2009] |
|
| 165. A serviceman, other than an officer or a senior military expert, may without a warrant of arrest, subject to regulations made under this Act, arrest any serviceman, other than an officer or a senior military expert, of lower rank. [28/2009] |
| Powers of military policemen |
166.—(1) A military policeman may, without a warrant of arrest, subject to regulations made under this Act, arrest any person subject to military law.| (2) Without prejudice to his powers of arrest under subsection (1), a military policeman may, without a warrant of arrest, subject to regulations made under this Act, arrest any person subject to military law who does not give sufficient information to identify himself or herself. |
(3) A military policeman has —| (a) | the same powers of arrest as a police officer over a person not subject to military law who is in a place in the possession, control or occupancy of the Singapore Armed Forces; and | | (b) | power to arrest a person not subject to military law who wilfully obstructs any military operation, training or function. |
|
|
| Power of arrest of suspected deserters |
| 167.—(1) A police officer may arrest any person whom he or she has reasonable cause to suspect is a deserter, is absent without leave or has failed to comply with an order under section 109(2). [16/2001] | (2) Where no police officer is present, any person may arrest a person whom he or she has reasonable grounds to suspect is a deserter or is absent without leave. |
| (3) Where a person is arrested under subsection (1) or (2), the arrested person must be brought as soon as possible before a civil court. |
|
| Proceedings before a civil court where persons suspected of illegal absence |
| 168.—(1) Where a person who is brought before a civil court is alleged to be a serviceman who has deserted, is absent without leave or has failed to comply with an order under section 109(2), subsections (2), (3) and (4) have effect. [16/2001] | (2) If the person admits that he or she is illegally absent from the Singapore Armed Forces or has failed to comply with an order under section 109(2) and the civil court is satisfied of the truth of the admission, then even though he or she is in custody for some other cause, the court may forthwith cause the person to be delivered into military custody in such manner as the court may think fit. [16/2001] |
(3) If the accused does not admit that he or she is illegally absent, or has failed to comply with an order under section 109(2), as mentioned in subsection (2), or the civil court is not satisfied of the truth of the admission, the court is to consider the evidence and any statement of the accused, and if —| (a) | satisfied that the accused is subject to military law; and | | (b) | of the opinion that there is sufficient evidence to justify the accused being tried under this Act for an offence of desertion, absence without leave or failure to comply with a lawful order under section 109(2), |
| then, unless the accused is in custody for some other cause, the court is to cause him or her to be delivered into military custody, but otherwise is to discharge him or her. |
[16/2001] |
| (4) If the accused is in custody for some other cause, the civil court has power, but is not required, to act in accordance with subsection (3). |
|
| Issue of warrant of arrest |
169.—(1) Subject to this section, a senior disciplinary officer or a superior commander may by a warrant under the hand of the senior disciplinary officer or superior commander authorise the arrest of any person subject to military law.| (2) A senior disciplinary officer or a superior commander, unless he or she is otherwise authorised by the Armed Forces Council, may issue warrants of arrest only in respect of persons serving in his or her command, formation or unit, as the case may be. |
| (3) In the case of a person subject to military law not being a serviceman, a warrant of arrest may be issued only by a senior disciplinary officer or a superior commander authorised in that behalf by the Armed Forces Council. |
| (4) Every warrant of arrest remains in force until it is cancelled by a disciplinary officer or a superior commander or executed. |
|
| Warrants to whom directed |
170.—(1) A warrant of arrest may be directed to —| (a) | all military policemen but any military policeman may execute such warrant; | | (b) | any one or more servicemen not being military policemen; | | (c) | the Commissioner of Police and all other police officers in Singapore. |
| (2) When a warrant is directed to more than one person, it may be executed by all or any one or more of them. |
|
| Provision for avoiding delay after arrest |
171.—(1) The allegations against any person subject to military law who is under arrest must be duly investigated without unnecessary delay and as soon as may be either proceedings are to be taken for punishing the person’s offence or he or she must be released from arrest.| (2) Whenever any person subject to military law has been arrested and remains under arrest for a period longer than 8 days before being brought before a subordinate military court or a disciplinary officer for trial, a special report on the necessity for further delay must be made to the person and in such manner as may be prescribed. |
| (3) A similar report as mentioned in subsection (2) must be made to the like person in the like manner every 8 days until he or she is brought before a subordinate military court for trial or has been dealt with summarily by a disciplinary officer or he or she is released from arrest. |
| (4) Subsections (2) and (3) do not apply where the accused is on active service. |
|
|
| Search of persons arrested |
172.—(1) A military policeman making an arrest under this Act may search the person arrested and place in safe custody all articles other than necessary wearing apparel found upon the person and any such articles which there is reason to believe were the instruments or the fruits of or other evidence of the crime may be detained until his or her discharge or acquittal.| (2) Any person other than a military policeman making an arrest under this Act may search the person arrested for any offensive weapons and may seize any such weapons. |
|
| Power of search by persons of a superior rank |
| 173. Any person superior in rank to a serviceman may, without warrant, search a serviceman, or a place, if the person has authority over the serviceman or the place. |
| 174. A president of a subordinate military court, a senior disciplinary officer and a superior commander may, in accordance with regulations made under this Act, issue search warrants. |
| 175. Whenever it is necessary to cause a woman to be searched, the search must be made by another woman with strict regard to decency. |
| 176. Warrants of arrest and search warrants must be in such form as may be prescribed by regulations made under this Act. |
|
177. The following persons may, subject to section 178, serve as investigating officers:| (a) | any officer, warrant officer or military expert of or above the rank of ME3 appointed in writing by a senior disciplinary officer or a superior commander to investigate a military offence; | | (b) | any military policeman. [28/2009] |
|
| Restriction on powers of investigating officers |
| 178.—(1) An officer or a senior military expert appointed as an investigating officer under section 177(a) may only conduct an investigation where there is reason to believe that a military offence specified in the Schedule has been committed. [28/2009] | (2) A warrant officer, or a military expert of the rank of ME3, appointed as an investigating officer under section 177(a) may only conduct an investigation where there is reason to believe that a military offence specified in the Schedule has been committed by a soldier who is below the rank of warrant officer or ME3. [28/2009] |
| (3) A military policeman may conduct an investigation where there is reason to believe that any offence involving persons subject to military law has been committed. |
| (4) An investigation may be conducted where the person who has committed the offence is not known. |
|
| General powers of investigating officers |
179.—(1) An investigating officer may —| (a) | issue a written order requiring the attendance before the investigating officer of any person who appears to be acquainted with the circumstances of the matter; | | (b) | if the investigating officer considers that the production of any document or other material is necessary or desirable for the purpose of an investigation, issue a written order to the person in whose possession, custody or control such document or material is believed to be, requiring the person to attend and produce it at the time and place stated in the order; | | (c) | for the purpose of the investigation, take possession of or photograph any material or document; | | (d) | take or cause to be taken the fingerprints and photographs of a person accused of an offence and may use them in any manner the investigating officer thinks fit including sending the same for identification and report; | | (e) | visit any place for the purpose of investigation; and | | (f) | examine orally any person who may be acquainted with the facts and circumstances of the matter under investigation and must reduce into writing any statement made by the person so examined. |
(2) Where an investigation into an offence involving persons subject to military law, that is not committed on active service, is completed, the investigating officer —| (a) | if he or she is an officer, a warrant officer or a military expert of or above the rank of ME3 appointed under section 177(a), must forward the investigation material obtained pursuant to the exercise of his or her powers under subsection (1) to the senior disciplinary officer or superior commander who appointed him or her to investigate the offence, who must thereupon cause the matter to be dealt with in accordance with the provisions of Part 4; | | (b) | if he or she is a military policeman, must forward the investigation material obtained pursuant to the exercise of his or her powers under subsection (1) to the Director, Legal Services of the Singapore Armed Forces who must, if that person is of the opinion that the investigation material discloses sufficient evidence to connect a person subject to military law with the commission of an offence, direct a military prosecutor to frame a charge and submit the charge to a disciplinary officer for summary trial under Part 4 or to a subordinate military court for trial. [17/2004; 28/2009] |
|
| (3) Where the investigation is in respect of an offence committed by a person on active service, the investigating officer, whether a military policeman or otherwise, must submit the investigation material to a senior disciplinary officer or superior commander who will, if he or she is satisfied that the material discloses evidence to connect the person with the commission of the offence, either deal with the case summarily or arrange the convening of a field general court martial for the trial of the person. |
|
180.—(1) Any witness before an investigating officer is bound to state truly the facts and circumstances with which he or she is acquainted concerning the matter under investigation and must answer every question put to him or her in the course of the investigation provided that he or she may decline to make a statement which may incriminate him or her.| (2) A statement made by any person under this section must be read over to the person by the investigating officer and must, after giving the person the opportunity to make any corrections, be signed by the person. |
| (3) Where the person who has made a statement refuses to sign the statement, the investigating officer must record the fact of the refusal. |
|
| Admissibility of statements |
181.—(1) Subject to this section, no statement made by any person to an investigating officer in the course of an investigation may be used as evidence at his trial.| (2) When any witness, other than the accused, is called for the prosecution or for the defence, the subordinate military court is, on the request of the accused or the prosecutor, to refer to any statement made by the witness to an investigating officer, and the statement may be used in the manner provided by the Evidence Act 1893. |
| (3) When a person is charged with an offence in relation to the making or contents of any statement made by the person to an investigating officer in the course of an investigation, the statement may be used in or as evidence. |
| (4) Where a person is charged with an offence, any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether in the course of an investigation or not, by the person to or in the hearing of an investigating officer is admissible in evidence at his or her trial and, if the person tenders himself or herself as a witness, the statement may be used in cross‑examination and for the purpose of impeaching his or her credit. |
| (5) A subordinate military court is to refuse to admit such statement or allow it to be used as mentioned under subsection (4) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the person, proceeding from a person in authority and sufficient in the opinion of the court, to give the person grounds which would appear to him or her reasonable for supposing that by making it he or she would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him or her. |
(6) Where a person subject to military law is officially informed that he or she may be prosecuted for an offence in a subordinate military court, he or she must be served with a written notice, which must be explained to the person, to the following effect:| “You have been informed that you may be prosecuted for an offence. Do you wish to say anything in answer to the allegation that you have committed the offence? If there is any fact on which you intend to rely in your defence, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”. |
|
|
|
| (7) Where a person subject to military law is served with a notice under subsection (6), he or she must forthwith be officially informed, orally or in writing, of the date, place and nature of the offence which he or she is alleged to have committed. |
| (8) No statement made by an accused in answer to a written notice served on the accused pursuant to subsection (6) is to be construed as a statement caused by any inducement, threat or promise as is described in subsection (5), if it is otherwise voluntary. |
| (9) In subsections (6) and (7), “officially informed” means informed by an investigating officer mentioned in section 177, and empowered by section 178, to investigate the offence mentioned in subsection (6). |
|
| Circumstances in which inferences may be drawn from accused’s failure to mention particular facts when informed that accused may be prosecuted for an offence |
182.—(1) Where, in any proceedings in a subordinate military court against a person subject to military law for an offence, evidence is given that the accused on being officially informed that he or she may be prosecuted for the offence, failed to mention any fact, which in the circumstances existing at the time he or she could reasonably have been expected to mention when so informed, the subordinate military court, in determining whether there is a case to answer, and in determining whether the accused is guilty of the offence charged, may draw any inferences from the failure that appear proper.| (2) The failure mentioned in subsection (1) may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material. |
| (3) In subsection (1), “officially informed” means informed by an investigating officer mentioned in section 177 and empowered by section 178 to investigate into the offence mentioned in subsection (1). |
(4) In any proceedings in a subordinate military court, nothing in this section —| (a) | prejudices the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged, insofar as evidence thereof would be admissible apart from this section; or | | (b) | is to be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from this section. |
|
|
|
|