Right of accused to elect for trial by subordinate military court
77.—(1) Despite the provisions of this Part but subject to this section, a disciplinary officer who has proceeded to deal with a case summarily and is satisfied on the evidence as to the accused’s guilt must, before proceeding to conviction and punishment, other than a reprimand or minor punishment, give the accused an opportunity of electing to be tried by a subordinate military court.
(2) If the accused so elects, the disciplinary officer must forward the charge‑sheet, record of the evidence and any other particulars that may be prescribed to the Director, Legal Services of the Singapore Armed Forces who may —
(a)
direct that the charge be tried by a subordinate military court; or
(b)
with the approval of the Armed Forces Council, direct that no action be taken against the accused either by way of summary trial or by a subordinate military court.
[17/2004]
(3) Where under subsection (1) the disciplinary officer considers that in the circumstances of the case a proper punishment for the offence would be a reprimand or a minor punishment, the disciplinary officer may proceed to the conviction of the accused without giving the accused an opportunity of electing to be tried by a subordinate military court.