Arrests
General authority
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]
Powers of servicemen
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.