Investigations
Investigating officers
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.
Witnesses
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.