PART 5 | TRIAL BY SUBORDINATE MILITARY COURTS |
| Subordinate military courts |
80. For the purposes of this Act, there shall be the following courts:| (a) | general courts martial; and | | (b) | field general courts martial, |
| and in this Act when these courts are collectively mentioned they are called subordinate military courts. |
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| General courts martial panel |
| 80A.—(1) For the purpose of enabling general courts martial to be constituted in accordance with this Part, the convening authority must appoint a panel (called in this Act the general courts martial panel) consisting of as many officers, senior military experts and non‑uniformed servicemen in officer grades as the convening authority may determine. [17/2004; 28/2009] | (2) A member of the general courts martial panel is appointed for such term as the convening authority may determine. [17/2004] |
| (3) The convening authority may at any time revoke the appointment of any member of the general courts martial panel. [17/2004] |
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| Constitution and jurisdiction of general courts martial |
81.—(1) The general courts martial consist of the following courts:| (a) | judge courts martial; | | (b) | panel courts martial. [17/2004] |
(2) Every general court martial is constituted —| (a) | by the convening authority; and | | (b) | subject to subsection (7), from the members of the general courts martial panel. [17/2004] |
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| (3) A judge court martial consists of a president, who must be a qualified person and, subject to subsection (6)(a), an officer of or above the rank of major or a senior military expert of or above the rank of ME5. [17/2004; 28/2009] |
(4) A panel court martial consists of the following members:| (a) | a president who, subject to subsections (6)(b) and (7), must be an officer of or above the rank of major or a senior military expert of or above the rank of ME5; and | | (b) | subject to subsections (5) and (6)(c), 2 or any greater even number of other members —| (i) | each of whom must be an officer or a senior military expert; and | | (ii) | at least one of whom must be an officer of or above the rank of captain or a senior military expert. [17/2004; 28/2009] |
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| (5) Where a panel court martial is constituted for the trial of a non‑uniformed serviceman, the members mentioned in subsection (4)(b) may include, in place of the corresponding number of officers or senior military experts, not more than 2 non‑uniformed servicemen in officer grades. [17/2004; 28/2009] |
(6) Where the accused is of or above the rank of lieutenant‑colonel or ME6 —| (a) | the president of any judge court martial constituted for the trial of the accused must be an officer, or a senior military expert, who is equivalent or superior in rank to the accused; | | (b) | subject to subsection (7), the president of any panel court martial constituted for the trial of the accused must be an officer, or a senior military expert, who is equivalent or superior in rank to the accused; and | | (c) | if a panel court martial is constituted for the trial of the accused, at least 2 of the members under subsection (4)(b) must be of or above the rank of lieutenant‑colonel or ME6. [17/2004; 28/2009] |
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(7) Where the accused is charged with —| (a) | murder or culpable homicide not amounting to murder; | | (b) | an offence under section 121 or 121A of the Penal Code 1871; or | | (c) | any other offence for which the punishment of death is authorised under any written law, |
| and the charge is to be tried by a general court martial, the accused must be tried before a panel court martial and the president of the panel court martial must be a Supreme Court Judge appointed by the Chief Justice. |
[17/2004; 40/2019] |
| (8) Where none of the members of a panel court martial is a qualified person, a judge advocate designated by the convening authority must officiate in any trial before that court in accordance with regulations of procedure made under section 93. [17/2004] |
| (9) Subject to subsection (7), every general court martial has jurisdiction to try any person subject to military law for any offence under this Act and to award for the offence any punishment authorised by this Act. [17/2004] |
| (10) Unless the Director, Legal Services of the Singapore Armed Forces directs otherwise, where a charge is to be tried by a general court martial, the charge must be tried by a panel court martial. [17/2004] |
(11) Subject to subsection (7), where, before the start of any trial before a general court martial —| (a) | the president or any member of the court dies; or | | (b) | the convening authority ascertains that the president or any member of the court —| (i) | is unable to attend; or | | (ii) | is not eligible to serve in that court, |
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| the convening authority may designate another person from the general courts martial panel to fill the vacancy. |
[17/2004] |
(12) Subject to subsection (13), any question as to —| (a) | the guilt of the accused; or | | (b) | the sentence to be imposed on the accused, |
| must be decided by a panel court martial in accordance with the opinion of the majority of the members of that court. |
[17/2004] |
(13) Where the accused is charged with any offence for which the punishment of death is authorised under any written law —| (a) | the accused must not be convicted of that offence unless the members of the panel court martial reach a unanimous decision that the accused is guilty of that offence; and | | (b) | if the members of that court fail to reach a unanimous decision, the accused may, if the members of that court by majority decision agree, be convicted of any lesser offence authorised by this Act. [17/2004] |
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| (14) Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (2), (8) or (11), the registrar or person is entitled to exercise those powers and perform those duties. [17/2004] |
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| Judge Advocate-General, judge advocates and legal personnel |
82.—(1) The Armed Forces Council may appoint a suitable person to perform in respect of the Singapore Armed Forces the functions of a Judge Advocate‑General and any reference under any written law to the Judge Advocate‑General is deemed to be a reference to the person appointed under this subsection.(2) The person appointed under subsection (1) must be —| (a) | a Judicial Service Officer or Legal Service Officer (or both) of at least 5 years’ service in total; or | | (b) | an advocate and solicitor of the Supreme Court of at least 5 years’ standing. [Act 33 of 2021 wef 14/01/2022] |
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| (3) Regulations of procedure may make provision as to the functions to be exercised by the Judge Advocate‑General and, in particular, his or her functions include advising the Armed Forces Council on the validity of the findings and sentences of subordinate military courts and on any other matters which may from time to time be referred to him or her by the Armed Forces Council or the Director, Legal Services of the Singapore Armed Forces. |
| (4) The Armed Forces Council may appoint advocates and solicitors of the Supreme Court to officiate as judge advocates in subordinate military courts and regulations of procedure made under this Act may provide for the exercise of their functions at a trial by such courts. |
(5) The Armed Forces Council may appoint —| (a) | a qualified person to be responsible for legal matters in the Singapore Armed Forces, and called the Director, Legal Services of the Singapore Armed Forces; | | (b) | military prosecutors who must wherever practicable be qualified persons; and | | (c) | a registrar for the Military Court of Appeal or for subordinate military courts. |
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| (6) The Director, Legal Services of the Singapore Armed Forces is by virtue of his or her appointment the chief military prosecutor. |
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| Field general courts martial |
| 83.—(1) Where an offence punishable under this Act has been committed by any person subject to military law who belongs to a unit or part of a unit of the Singapore Armed Forces which is, at the time of the commission of the offence, engaged on active service it shall be lawful for a commander (called in this Act the convening officer), if it is not practicable for a general court martial to try the accused, to convene a field general court martial. [17/2004] | (2) Every field general court martial may try any person subject to military law for any offence under this Act and may award for the offence any punishment that a general court martial is competent to award for the offence. |
| (3) Every field general court martial must consist of 3 or any greater uneven number of members (each of whom must be an officer or a senior military expert), and the member who is most senior in rank presides. [28/2009] |
(4) The convening officer may preside over a field general court martial, but must, whenever it is practicable, appoint as president of the field general court martial another person, who must be —| (a) | an officer of or above the rank of captain; or | | (b) | a senior military expert. [28/2009] |
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| (5) Whenever it is practicable, the rank of each member of the field general court martial must be of a rank above that of the accused. |
| (6) The convening officer has to appoint any serviceman to perform the functions of a registrar of the court. |
| (7) The determination of any question before a field general court martial must be according to the majority of the members of the court hearing the case. |
| (8) To find an accused guilty of a charge in respect of which punishment of death is authorised under this Act, the decision of the field general court martial must be unanimous. |
| (9) If the field general court martial fails to reach a unanimous decision, an accused must not be convicted of an offence in respect of which punishment of death is authorised by this Act but may, if the members of the court by majority decision agree, be convicted of any lesser offence authorised by this Act. |
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84. The following persons are not eligible to serve on a subordinate military court:| (a) | a relative of the accused; | | (b) | any person who has had cognizance of the matter as a disciplinary officer; | | (c) | any person who has taken part in the investigation of or inquiry into the alleged offence; | | (d) | the complainant; | | (e) | any person who is a witness to the alleged offence; and | | (f) | a military prosecutor. [17/2004] |
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| Members of subordinate military courts may belong to same or different units |
| 85.—(1) The members of a panel court martial or field general court martial may belong to the same or different units, or may be unattached to any unit, and may try persons belonging to or attached to any unit. [17/2004] | (2) The president of a judge court martial may be unattached to any unit, and may try persons belonging to or attached to any unit. [17/2004] |
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86.—(1) The president of a subordinate military court or, if a judge advocate is present, the judge advocate, must keep a record of the proceedings of the trial.| (2) The president of a subordinate military court may, if a judge advocate is not present, despite subsection (1) during any proceedings of the court, appoint a person to keep on his or her behalf the record of the proceedings or may direct that the record must be taken by a recording device or by some other mechanical device. |
| (3) The charge-sheet and the documents admitted by the court, and any other documents which the president of the subordinate military court may direct, must be attached to the record of the proceedings and form part of that record. |
| (4) The president of a subordinate military court and, in the case of a panel court martial or a field general court martial, every member of the court who is so required by the president must record the grounds for his or her decision in writing and the written judgment or grounds of decision forms part of the record of the proceedings. [17/2004] |
| (5) The president of a subordinate military court or, in the case of a panel court martial or a field general court martial, any member of the court when he or she has recorded his or her judgment must not alter or revise the judgment. [17/2004] |
| (6) A clerical error may be rectified at any time and any other mistake may be rectified before the court rises for the day. |
| (7) The record of the proceedings must be authenticated by the president of a subordinate military court. |
| (8) The record of the proceedings of a subordinate military court authenticated by the president of the court is conclusive evidence of anything contained therein unless it is proved that it has been falsified. |
| (9) A record of the proceedings of a subordinate military court purporting to be signed by the president of the court is presumed to be so signed. |
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| 87.—(1) Subject to subsection (2), an oath or affirmation in the prescribed form must be administered by the convening authority, or by any person appointed by the convening authority for this purpose, to each member of the general courts martial panel before the member assumes his or her office in a general court martial. [17/2004] | (2) A Supreme Court Judge acting as president of a panel court martial is to take, in the presence of the Chief Justice, the oath or affirmation of allegiance in the prescribed form before he or she assumes his or her office in the panel court martial. [17/2004; 40/2019] |
(3) In the case of a field general court martial, an oath or affirmation must be administered —| (a) | by the president to every other member; and | | (b) | to the president by any member already sworn, |
| in the presence of the accused, after the court has assembled but before the accused is arraigned. |
[17/2004] |
| (4) An oath or affirmation in the prescribed form must be administered by the president of a subordinate military court to any judge advocate officiating in a trial before the court in the presence of the accused, after the court has assembled but before the accused is arraigned. [17/2004] |
| (5) An oath or an affirmation in the prescribed form must be administered by the president of a subordinate military court to every shorthand writer or interpreter (if any) in attendance at the trial. |
| (6) Every witness before a subordinate military court must be examined on oath or affirmation, which the president of the court must administer in the prescribed form. |
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88.—(1) The accused or, where there is more than one accused, each of the accused about to be tried by a subordinate military court may object, for any reasonable cause, to —| (a) | the president of the court, except a president who is a Supreme Court Judge; and | | (b) | in the case of a panel court martial or a field general court martial, any other member of the court, |
| whether appointed to serve on the court originally or to fill a vacancy, so that the court may consist of a president or of members to whom the accused makes no reasonable objection. |
[17/2004; 40/2019] (2) In the case of a panel court martial or a field general court martial, every objection made by an accused to any member, including the president, must be submitted to the other members appointed to form the court and —| (a) | if the majority of the members entitled to vote decide that there is reasonable cause for the objection, the court must allow the objection and the member objected to must retire; or | | (b) | if the majority of the members entitled to vote decide that there is no reasonable cause for the objection, the court must dismiss the objection and record the reasons for its decision in the record of proceedings, and must also give those reasons to the convening authority if required to do so. [17/2004] |
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(3) Any vacancy resulting from the retirement of a member under subsection (2)(a) may be filled by another member who must be —| (a) | in the case of a panel court martial — a member of the general courts martial panel who is eligible for the appointment, and who is designated by the convening authority to fill the vacancy; or | | (b) | in the case of a field general court martial — an officer or a senior military expert who is eligible for the appointment, and who is appointed by the convening officer to fill the vacancy, |
| subject to the same right of the accused to object. |
[17/2004; 28/2009] |
(4) In the case of a judge court martial, if an accused objects to the president, the president must determine whether there is any reasonable cause for the objection, and —| (a) | if the president decides that there is reasonable cause for the objection —| (i) | the president must allow the objection and the court must be dissolved; and | | (ii) | the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to be the president of another judge court martial convened to try the accused, subject to the same right of the accused to object; or |
| | (b) | if the president decides that there is no reasonable cause for the objection, the president must —| (i) | dismiss the objection and record the reasons for his or her decision in the record of proceedings; and | | (ii) | give those reasons to the convening authority if required to do so. [17/2004] |
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(5) In order to enable an accused to avail himself or herself of the privilege of objecting to the president of a judge court martial or the members of a panel court martial or field general court martial —| (a) | the name of each person the court consists of must be read over in the hearing of the accused when the court first assembles and, in the case of a field general court martial, before the members of the court take their oaths or affirmations; | | (b) | the accused must be asked whether he or she objects to that person; and | | (c) | a like question must be repeated in respect of any person who —| (i) | is designated or appointed to fill a vacancy under subsection (3) or section 89(1)(b) or (c), (2) or (3); or | | (ii) | is designated to be the president of a judge court martial under subsection (4)(a)(ii) or section 89(1)(a). [17/2004] |
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| (6) Where a judge court martial is dissolved under subsection (4)(a)(i), the accused may be tried again by another judge court martial. [17/2004] |
| (7) Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (3)(a) or (4)(a)(ii), the registrar or person is entitled to exercise those powers and perform those duties. [17/2004] |
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| Effect of death or sickness on and adjournment of subordinate military court |
89.—(1) If, after the start of the trial, the president of a subordinate military court dies or is otherwise unable to attend, then —| (a) | in the case of a judge court martial — the court must be dissolved, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to be the president of another judge court martial convened to try the accused; | | (b) | in the case of a panel court martial — the court must adjourn, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to fill the vacancy; or | | (c) | in the case of a field general court martial — the court must adjourn, and the convening officer must appoint another person (being an officer or a senior military expert) who is eligible for the appointment to fill the vacancy. [17/2004; 28/2009] |
| (2) If, after the start of a trial, any member of a panel court martial, other than the president, dies or is otherwise unable to attend, the court must adjourn, and the convening authority must designate another member of the general courts martial panel who is eligible for the appointment to fill the vacancy. [17/2004] |
| (3) If, after the start of a trial, any member of a field general court martial, other than the president, dies or is otherwise unable to attend, the court must adjourn, and the convening officer must appoint another person (being an officer or a senior military expert) who is eligible for the appointment to fill the vacancy. [17/2004; 28/2009] |
| (4) If, on account of the illness of the accused before the finding, it is impossible to continue the trial, a subordinate military court must be dissolved. [17/2004] |
| (5) Where a subordinate military court is dissolved under subsection (l)(a) or (4), the accused may be tried again by another subordinate military court. [17/2004] |
| (6) A subordinate military court may adjourn from time to time. [17/2004] |
| (7) A subordinate military court may, where necessary, view any place. [17/2004] |
| (8) Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (1)(a) or (b) or (2), the registrar or person is entitled to exercise those powers and perform those duties. [17/2004] |
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| Power to convict for offence other than that charged |
90.—(1) An accused charged before a subordinate military court with an offence under this Act may, on failure of proof of the offence having been committed under circumstances involving a higher degree of punishment, be found guilty of the offence as having been committed under circumstances involving a lower degree of punishment.| (2) An accused charged before a subordinate military court with any offence may be found guilty of attempting to commit that offence. |
| (3) An accused charged before a subordinate military court with attempting to commit a military offence may be convicted on that charge even though it is proved that he or she actually committed the military offence. |
| (4) An accused charged before a subordinate military court with attempting to commit a civil offence may be convicted on that charge even though it is proved that he or she actually committed the civil offence. |
| (5) An accused charged before a subordinate military court with theft may be found guilty of dishonestly misappropriating property. |
| (6) An accused charged before a subordinate military court with desertion may be found guilty of being absent without leave. |
| (7) An accused charged before a subordinate military court with striking a person superior in rank or appointment may be found guilty of using or offering violence to a person superior in rank or appointment. [28/2009] |
| (8) An accused charged before a subordinate military court with using violence may be found guilty of offering violence. |
| (9) An accused charged before a subordinate military court with using threatening language may be found guilty of using insubordinate language. |
| (10) When an accused is charged before a subordinate military court with a civil offence and the charge is one upon which, if he or she had been tried by a civil court in Singapore for such an offence committed in Singapore, he or she might have been found guilty of any other offence, the subordinate military court has the power to find him or her guilty of that offence. |
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| Power to order restitution of stolen property |
91.—(1) Where a person has been convicted by a subordinate military court of having stolen, dishonestly misappropriated or converted, received, knowing it to be stolen, or otherwise unlawfully obtained, any property, and the property or any part thereof is found in the possession of the offender, the president of the court may order the property so found to be restored to the person appearing to be the lawful owner thereof.| (2) A like order may be made with respect to any property found in the possession of such offender, which appears to the president of the subordinate military court to have been obtained by the conversion or exchange of any of the property stolen, dishonestly misappropriated or converted, received or unlawfully obtained. |
| (3) An order under this section does not bar the right of any person, other than the offender, or anyone claiming through him or her, to recover any property or money delivered or paid pursuant to an order made under this section from the person to whom the same is so delivered or paid. |
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| 92. Once the hearing ends, a subordinate military court must, either at once or on some future date which must either then be appointed for the purpose or of which notice must subsequently be given to the parties, announce its finding or sentence or both. |
93.—(1) The Armed Forces Council may make regulations of procedure with regard to any matter or thing that is expedient or necessary for the purpose of carrying out this Act so far as relates to the investigation, trial and punishment of offences triable or punishable by subordinate military courts under this Act.(2) Without limiting subsection (1), the regulations of procedure may make provision with respect to all or any of the following matters:| (a) | the convening of subordinate military courts; | | (b) | the adjournment, dissolution and sittings of subordinate military courts; | | (c) | the procedure to be observed in trials by subordinate military courts; | | (d) | the preparation of charge-sheets and the framing of charges; | | (e) | procuring the attendance of witnesses before a subordinate military court; | | (f) | empowering a subordinate military court in such cases and to such extent as may be prescribed to amend the charge which is being tried by a subordinate military court; | | (g) | empowering a subordinate military court, where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilt of the like offences as that charged, to make a finding of guilt, subject to exceptions or variations specified in the finding, if it appears to the court that the difference is not so material as to prejudice the accused’s defence; | | (h) | determining cases in which and the extent to which subordinate military courts may in sentencing the accused for any offence of which he or she is convicted at the request of the accused, take into consideration other offences under this Act committed by him or her; | | (i) | the procedure to be observed when an accused is suspected to be mentally disordered and the procedure to be followed when an accused is sentenced to death; | | (j) | the forms of orders to be made under the provisions of this Act relating to investigation of, the trial of, or award of punishments for offences under this Act; | | (k) | any matter in this Part which is required or authorised to be prescribed. [21/2008] |
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| (3) Regulations made under this section may further provide for the making of such warrants and orders as may be necessary to enable a subordinate military court to enforce its orders or sentences. |
| (4) Regulations made under this section must not contain anything which is contrary to, or which is inconsistent with, the provisions of this Act. |
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| Application of Criminal Procedure Code 2010 |
| 94.—(1) Without affecting section 93 of this Act, sections 123 to 148, 244 to 256, 262 to 268, 282, 283, 284, 290, 293, 294, 296, 297, 319 (other than subsection (1)(e) thereof), 320, 326 to 332, 359, 360, 364, 365, 366, 368 to 372, 391, 423 and 426 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018), insofar as they are not inconsistent with the provisions of this Act or any regulations made under this Act, apply, with the necessary modification, to proceedings before and punishments awarded by subordinate military courts. [15/2010; 4/2012; 19/2018] | (2) A subordinate military court when invoking section 319 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018) (other than subsection (1)(e) thereof) may award detention or special detention in a disciplinary barrack instead of imprisonment. [15/2010; 19/2018] |
| (3) Section 328 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018) applies to any sentence of caning awarded or imposed under this Act despite any other provisions of this Act or any regulations made under this Act. [15/2010; 19/2018] |
| (4) In exercising the powers under section 332 of the Criminal Procedure Code 2010 (as in force immediately before 31 October 2018), a subordinate military court may award any less punishment authorised by this Act instead of imprisonment. [15/2010; 19/2018] |
| (5) The Minister may, by order in the Gazette, provide for the application of such other provisions of the Criminal Procedure Code 2010 as the Minister thinks fit for the purposes of investigation, trial and punishment of offences punishable under this Act, subject to any modifications as may be specified in the order. |
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| Procedure in absence of provisions |
| 95. Where no provision is made in this Act, or in any regulations made under this Act, in respect of any procedural matter, a subordinate military court must decide on the most expedient procedure to be followed in the particular case that will best serve the interests of justice. |
| Proceedings not to be set aside |
| 96. Subject to section 112(3), no proceedings of a subordinate military court may be set aside or deemed to be void for want of form or be removed by a Quashing Order or otherwise into any civil court. [42/2005] |
| Application of general rules of evidence |
| 97. Subject to this Act or any regulations made under this Act, the rules of evidence, including the Evidence Act 1893, observed in the trial of criminal cases before civil courts in Singapore apply, insofar as they are not inconsistent with the provisions of this Act or any regulations made under this Act, to subordinate military courts. |
| Military documents as evidence |
98.—(1) Any document, purporting to be signed by an officer, a warrant officer or a military expert of or above the rank of ME3 in the course of duty and containing particulars regarding the following matters is prima facie evidence of those particulars:| (a) | service in the Singapore Armed Forces, including dates of enlistment and discharge; | | (b) | absence from service in the Singapore Armed Forces, with or without leave; | | (c) | offences of which a person has been convicted by a subordinate military court or where there is an appeal, by the Military Court of Appeal, or by a disciplinary officer or the Armed Forces Council; | | (d) | units to which a person was posted or attached; | | (e) | personal particulars relating to service or employment in the Singapore Armed Forces including rank, assignment, training and vocation; | | (f) | the monetary value of any Singapore Armed Forces property; | | (g) | the usage or wearing of military decorations, medals, ribbons or badges; | | (h) | matters relating to custody, including time, date and place; | | (i) | the service of a summons or convening order. [28/2009] |
| (2) A copy of general orders or of any official publication, document, certificate or form certified by the Armed Forces Council as general orders, official publication, document, certificate or form for the purpose of this section, is conclusive evidence of its contents. |
| (3) Any document purporting to be a document under subsection (1) or (2) is presumed to be such a document. |
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| Certificate relating to controlled drug or controlled substance |
99.—(1) A certificate purporting —| (a) | to be signed by —| (i) | an analyst employed by the Health Sciences Authority; | | (ii) | a person appointed under section 16(a)(ii) of the Misuse of Drugs Act 1973; | | (iii) | a Singapore Armed Forces pharmacist or chemist; or | | (iv) | such other person as the Minister may, by notification in the Gazette, appoint; and |
| | (b) | to relate to a controlled drug or controlled substance, |
| is to be admitted in evidence in any proceedings under this Act for an offence under section 34, or under the Misuse of Drugs Act 1973, on the production of the certificate by the prosecution without proof of signature and, until the contrary is proved, is proof of all matters contained in the certificate. |
[16/2016] (2) In this section —| “controlled drug” and “controlled substance” have the respective meanings given by section 2 of the Misuse of Drugs Act 1973; |
| “Health Sciences Authority” means the Health Sciences Authority established under section 3 of the Health Sciences Authority Act 2001. [16/2016] |
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| 100. [Repealed by Act 16 of 2016] |
| 101. Where a document has been prepared or certified by a person subject to military law in the course of his or her duty, a transcript of that document authenticated by the person or by an officer or a senior military expert has the effect of the original and is presumed correct. [28/2009] |
| 102.—(1) Subject to any other provisions of this Act, an accused has the right to be represented in his or her defence before a subordinate military court by an advocate and solicitor, if provided by the accused, or by any officer or senior military expert in the Singapore Armed Forces. [28/2009] (2) Where an accused is not represented by a person in accordance with subsection (1) and —| (a) | is charged with an offence punishable by death; | | (b) | is dumb, blind or deaf; or | | (c) | is suspected of being mentally disordered, |
| the president of the subordinate military court must appoint a defence counsel to assist the accused in his or her defence. |
[21/2008] |
| (3) Where the accused selects a person to represent him or her in a subordinate military court, that person is authorised to do so after submitting to the court a warrant to act signed by the accused. |
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103.—(1) Subject to any other provisions of this Act, a subordinate military court must sit in open court in the presence of the parties and, to the extent that accommodation permits, the public must be admitted to the trial.| (2) Every judgment or finding of a subordinate military court must be pronounced in open court. |
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104.—(1) The president of a subordinate military court may where it is expedient in the interests of —| (a) | the administration of justice; | | (b) | the security of Singapore; | | (c) | public defence or safety; or | | (d) | public morals, |
| order that all or any part of the proceedings before the court must be dealt with in camera. |
| (2) Upon the making of such order the subordinate military court ceases to be an open court and, with the exception of the accused’s counsel and such other persons as the court may consider to be necessary for the purposes of the proceedings, the public must be excluded therefrom for so long as the court thinks fit. |
| (3) A subordinate military court may exclude a person from any part of the proceedings where the person is obstructing the proceedings of the court. |
| (4) A person must not be present during any deliberation by a panel court martial or a field general court martial without permission from the president of the court. [17/2004] |
| (5) The president of any panel court martial or field general court martial may, on any deliberation amongst the members of the court, cause the courtroom to be cleared of all other persons. [17/2004] |
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| Publications and photographs |
105.—(1) Where any proceedings in a subordinate military court have been held in camera, a person must not publish any information concerning the proceedings and the judgment, except with the permission of the Armed Forces Council.| (2) A person must not take photographs in the court room or in the presence of the court or publish photographs so taken, except with the permission of the president of the subordinate military court. |
| (3) A person who contravenes this section shall be guilty of an offence and shall be liable on conviction by a subordinate military court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Investigation materials before a field general court martial |
| 106. The accused, his or her defence counsel or, with the consent of a military prosecutor, a person authorised by the accused or the accused’s defence counsel may, where a charge‑sheet is submitted to a field general court martial, at any reasonable time inspect and take copies of the investigation materials excluding the investigation diary. [28/2009] |
| Independence of subordinate military courts |
| 107.—(1) In matters of adjudication, presidents and other members of subordinate military courts are not subject to the authority of their commanders, or to any other authority, except the law. [17/2004] | (2) A person must not attempt to coerce or by any unauthorised means influence the action or proceedings of a subordinate military court or any president or, where applicable, other member thereof. [17/2004] |
| (3) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction by a subordinate military court to imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act. |
|
| Supplementary provisions as to trial |
| Person not to be tried twice |
108.—(1) Subject to the provisions of this Act, where a person subject to military law has been acquitted or convicted of an offence by a subordinate military court or has had his or her conviction quashed by the Military Court of Appeal or the Armed Forces Council, the person shall not be liable to be tried again by a subordinate military court or any civil court or a disciplinary officer in respect of that offence or for any offence based on the same facts.| (2) Where a person subject to military law has been acquitted or convicted of an offence by a disciplinary officer, he or she shall not be liable to be tried again by a subordinate military court or a disciplinary officer in respect of that offence or for any offence based on the same facts but the person may be tried for the same offence or for an offence based on the same facts by a civil court which must in awarding punishment have regard to any military punishment the person may already have undergone as a result of his or her conviction by a disciplinary officer. |
| (3) Where a person subject to military law has been acquitted or convicted of an offence by a competent civil court, he or she shall not be liable to be tried in respect of that offence by a subordinate military court or a disciplinary officer. |
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| Trial and punishment of offences where offender ceases to be subject to military law |
109.—(1) Subject to section 111, where an offence under this Act triable by a subordinate military court or by a disciplinary officer has been committed or is reasonably suspected of having been committed by any person while subject to military law then in relation to that offence the person is to be treated for the provisions of this Act relating to arrest, keeping in custody, investigation of offences, trial and punishment by a subordinate military court or by a disciplinary officer (including review) and execution of sentences as continuing to be subject to military law despite ceasing at any time to be subject thereto.| (2) Without limiting subsection (1) but subject to section 111, where an offence under this Act triable by a subordinate military court or by a disciplinary officer has been committed or is reasonably suspected of having been committed by any person while subject to military law, the subordinate military court or disciplinary officer before which the offence is triable may order that person to report for trial for the offence as if that person continued to be subject to military law despite ceasing at any time to be subject to military law. [16/2001] |
(3) Any person who fails to comply with any order under subsection (2) —| (a) | is deemed to have failed to comply with a lawful order within the meaning of section 17(2); and | | (b) | shall be liable to be arrested, proceeded against and punished for an offence under section 17(2) as if the person continued to be subject to military law. [16/2001] |
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| (4) Where a person subject to military law is sentenced by a subordinate military court to imprisonment, special detention or detention or by a disciplinary officer to detention, this Act applies to the person during the term of his or her sentence, even though the person is discharged or dismissed from the Singapore Armed Forces, or has otherwise ceased to be subject to military law, and the person may be kept, removed, imprisoned, made to undergo special detention or detention, and punished accordingly as if the person continued to be subject to military law. |
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| Liability to military law in respect of place of commission of offence |
| 110. Every person subject to military law who whether in Singapore or elsewhere commits any offence for which he or she is liable to be tried by a subordinate military court or a disciplinary officer may be tried and punished for such offence at any place (in Singapore or elsewhere) which is within the jurisdiction of a subordinate military court or disciplinary officer and in which the offender may for the time being be, in the same manner as if the offence had been committed where the trial by the subordinate military court or disciplinary officer takes place. |
| Limitation of time for trial of offences |
111.—(1) Subject to subsection (2), a person must not pursuant to this Act be tried for any offence triable under this Act unless the trial is started within 3 years after the later of the following dates:| (a) | the date on which the offence was committed; | | (b) | the date on which information relating to the commission of that offence was reported to a disciplinary officer having jurisdiction over the accused or to a military policeman. |
| (2) This section does not apply to a trial for the offence of misconduct in action, assisting the enemy, mutiny, absence without leave or desertion. |
| (3) For the purpose of this section, the trial of any person by a subordinate military court for any offence starts when the person appears or is brought before a subordinate military court for the first time in connection with the offence, despite the fact that the subordinate military court before which the person appears or is brought for the first time may for any reason, adjourn or postpone the trial, and another subordinate military court is convened to try the person for the offence. |
| (4) Where a serviceman has served continuously in an exemplary manner for not less than 3 years in the Singapore Armed Forces, the serviceman must not be tried for the offence of desertion (other than desertion on active service) if that offence was committed more than 3 years before the trial starts. |
| (5) This section does not affect the jurisdiction of a civil court in the case of any offence triable by such court. |
|
112.—(1) Subject to subsection (2), every person subject to military law who commits any of the following offences:| (a) | any offence under sections 121 and 121A of the Penal Code 1871; | | (b) | murder; | | (c) | culpable homicide not amounting to murder; | | (d) | rape; | | (e) | sexual assault by penetration; | | (f) | any other offence which when committed in Singapore is punishable by the law of Singapore, |
| shall, if charged under this section with any such offence, be liable to be tried by a subordinate military court and on conviction to be punished as follows: |
| (g) | if the person is convicted of any offence under sections 121 and 121A of the Penal Code 1871 — death, or any less punishment authorised by this Act; | | (h) | if the person is convicted of murder — death; | | (i) | if the person is convicted of any other offence for which the punishment of death is authorised under any written law had the person been convicted by a civil court for such other offence — death; | | (j) | if the person is convicted of culpable homicide not amounting to murder — imprisonment or any less punishment authorised by this Act; | | (k) | if the person is convicted of rape or sexual assault by penetration — imprisonment or any less punishment authorised by this Act; or | | (l) | if the person is convicted of any other offence, whether the offence is committed in Singapore or elsewhere, which when committed in Singapore is punishable by the law of Singapore, either —| (i) | any punishment as might be awarded to the person under this Act in respect of an act, conduct or neglect to the prejudice of good order or discipline; or | | (ii) | any punishment that may be awarded for the offence under any written law, had the person been convicted by a civil court for the offence and, in addition to or in lieu of such punishment, one or more of the punishments specified in section 118(1)(c), (d), (e), (f), (g), (h), (j), (k) and (l), and any punishment which may be imposed under section 118(10), (11), (13) and (14), which is or are not prescribed by the written law for the offence. [51/2007] |
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(2) A person subject to military law must not be tried by a subordinate military court for murder or culpable homicide not amounting to murder unless —| (a) | the person against whom the offence was committed was at the time of the offence subject to military law; or | | (b) | the offence was committed while on active service. |
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| (3) Despite anything in this section, the Attorney‑General may, on his or her own motion, if he or she thinks it expedient for the ends of justice or on the application of the Director, Legal Services of the Singapore Armed Forces, at any time before the finding is pronounced order that a person subject to military law who is charged with a civil offence under this section is not to be tried by a subordinate military court. |
| (4) Upon an order being made under subsection (3), the case must be transferred to and be tried by a civil court. |
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| Summoning and privilege of witnesses at subordinate military courts and misconduct of civilians thereat |
113.—(1) Every person required to give evidence before a subordinate military court may be summoned or ordered to attend in the prescribed manner.| (2) Every person attending pursuant to such summons or order as a witness before any subordinate military court has, during his or her necessary attendance at such court, and in going to and returning from the court, the same privilege from arrest as he or she would have if he or she were a witness before a civil court. |
(3) Where any person who is not subject to military law —| (a) | on being duly summoned as a witness before a subordinate military court and after payment or tender of the reasonable expenses of his or her attendance, does not attend; or | | (b) | being in attendance as a witness —| (i) | refuses to take an oath legally required by a subordinate military court to be taken; | | (ii) | refuses to produce any document in his or her power or control legally required by a subordinate military court to be produced by the person; or | | (iii) | refuses to answer any question to which a subordinate military court may legally require an answer, |
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| the president of the subordinate military court may certify the offence of that person under the president’s hand to a Magistrate’s Court. |
|
| (4) The Magistrate’s Court may thereupon inquire into such alleged offence, and after examining any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish that person in the like manner as if he or she had committed the offence in a proceeding in that Court. |
| (5) Where a person not subject to military law when examined on oath or on affirmation before a subordinate military court wilfully gives false evidence, the person shall be liable on conviction before a competent court to be punished for the offence of giving false evidence in a judicial proceeding. |
| (6) Where a person not subject to military law is guilty of any contempt towards a subordinate military court, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members of or witnesses before the court, or to bring the court into disrepute, the president of the subordinate military court may certify the offence of that person under the president’s hand to a Magistrate’s Court. |
| (7) The Magistrate’s Court may thereupon inquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish or take steps for the punishment of that person in the like manner as if he or she had been guilty of contempt of that Court. |
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| Evidence of civil conviction or acquittal |
| 114.—(1) Whenever any person subject to military law has been tried by any civil court, the registrar or clerk of the court or his or her deputy, or other officer having the custody of the records of that court, must, if required by the commanding officer of the person, or by any other serviceman (being an officer, a warrant officer or a military expert of or above the rank of ME3), transmit to him or her a certificate setting forth the offence for which the person was tried, together with the judgment or order of the court thereon, or if he or she was acquitted, the acquittal. [28/2009] | (2) Any such certificate is sufficient evidence of the conviction and sentence or of the order of the court or of the acquittal of the prisoner, as the case may be. |
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| Evidence of conviction of subordinate military court |
115.—(1) The original proceedings of a subordinate military court purporting to be signed by the president of the court and being in the custody of an officer of the court or the registrar are deemed to be of such a public nature as to be admissible in evidence on their mere production from such custody.| (2) Any copy of the original proceedings of a subordinate military court purporting to be certified by an officer, a warrant officer, a military expert of or above the rank of ME3 or the registrar to be a true copy of such proceedings or of any part thereof, is admissible in evidence without proof of the signature of the president of the court. [28/2009] |
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| Review of findings and sentences of subordinate military courts |
| Review of findings and sentences of subordinate military courts by reviewing authority |
116.—(1) For the purposes of this Act, the Armed Forces Council is a reviewing authority.| (2) The Armed Forces Council may delegate its powers as a reviewing authority under this section to a committee consisting of at least 3 of its members. |
| (3) An accused who has been sentenced by a subordinate military court or who has been found to be unfit to stand his or her trial or to be not guilty by reason of insanity may, within such time and in such manner as may be prescribed, present a petition to the reviewing authority against the finding or sentence or both. |
(4) The reviewing authority may —| (a) | at any time on its own motion; and | | (b) | upon receipt of a petition under subsection (3) must, as soon as practicable after considering the matters alleged in the petition, |
| review the finding or sentence. |
|
| (5) Despite subsection (4), if notice of appeal has been lodged with the registrar of the Military Court of Appeal under section 129, any powers of review exercised by the reviewing authority in reviewing a finding or sentence under this section cease to have effect; and the appeal must be proceeded with as if no petition to review the finding or sentence had been made. |
(6) On a review, the reviewing authority may —| (a) | insofar as the review is of a finding, quash the finding and if the sentence relates only to the finding quashed, the sentence; | | (b) | insofar as the review is of a sentence, quash the sentence; | | (c) | in any case substitute a new finding for any finding of guilt made by a subordinate military court that is illegal or cannot be supported by the evidence, if the new finding could validly have been made by the subordinate military court on the charge and if it appears that the court was satisfied of the facts establishing the offence specified or involved in the new finding; | | (d) | in any case substitute for the finding of guilt made by a subordinate military court a new finding of some other offence if —| (i) | the subordinate military court could on the charge have found the accused guilty under section 90 of that other offence; | | (ii) | the subordinate military court could have found the accused guilty of that other offence on any alternative charge that was laid, and it appears that the facts proved the accused guilty of that other offence; |
| | (e) | in any case where a sentence is invalid or unduly severe substitute therefor any other punishment or any lesser punishment which the subordinate military court could have awarded but so that in any event the punishment so substituted is not greater or more severe than that awarded by the subordinate military court. |
|
| (7) Any substituted finding or sentence imposed under this section is to be treated for all purposes as a finding or sentence of the subordinate military court. |
| (8) Despite anything in this section but subject to section 156(4), a sentence of death must not be carried into effect until reviewed by the reviewing authority unless the sentence of death is passed on a person on active service. |
| (9) In such an event a sentence of death may, subject to subsection (3) and to the accused’s right of appeal, be carried out if an officer of or above the rank of lieutenant‑colonel, who is specifically designated by the Armed Forces Council for the purpose, certifies to the Armed Forces Council that it is essential in the interests of discipline and for the purpose of securing the safety of the force with which the accused is serving that the sentence should be carried out forthwith. |
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| Power to order a re‑trial |
117.—(1) The reviewing authority has and may exercise all the powers of the Military Court of Appeal to order a re‑trial conferred upon that Court by sections 149 and 150 and those sections apply with any necessary modification to a review by the reviewing authority under this section.| (2) Regulations made under this Act may provide for the procedure to be followed on a review of a finding or sentence by the reviewing authority. |
| (3) Any order for a re‑trial under this section operates to extinguish any appeal by the accused to the Military Court of Appeal. |
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