“Bail Officer” means any officer or senior military expert appointed by the Armed Forces Council, by order in the Gazette, to exercise the power to release a person subject to military law on bail or bond;
“military court” means a general court martial or the Military Court of Appeal.
[28/2009]
When person subject to military law may be released on bail
182B.—(1) Where any person subject to military law who is accused of an offence is arrested or detained in accordance with this Act or any regulations made under this Act or is brought before a military court, he or she may be released on bail or his or her own bond by a Bail Officer or the military court.
(2) A person must not be released on bail or his or her own bond under subsection (1) if there appear to be reasonable grounds for believing that he or she has been guilty of an offence punishable with death or imprisonment for life.
(3) The Bail Officer or military court releasing any person under subsection (1) must record in writing the reasons for so doing.
(4) A Bail Officer or a military court may at any time cause a person who has been released under this section to be arrested and may commit the person to custody.
Amount of bail or bond
182C. The amount of bail or bond must be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested or detained.
Person released on bail to give address for service
182D.—(1) Where any person is released on bail or his or her own bond, the person must give to the Bail Officer or the military court releasing him or her an address at which service upon him or her of all notices and process may be made.
(2) In any case where the person released cannot be found or for any other reason service on him or her of any notice or process cannot be effected, any notice or process left for the person at the address given by him or her under subsection (1) is deemed to have been duly served on him or her.
Bond to be executed
182E.—(1) Before any person is released on bail or his or her own bond under this Part, a bond for any sum of money that the Bail Officer or military court (as the case may be) thinks sufficient must be executed by the person and, when he or she is released on bail, by one or more sufficient sureties conditioned that the person must attend at the time and place mentioned in the bond, and must continue so to attend until otherwise directed by a Bail Officer or a military court, as the case may be.
(2) It is a further condition of the bond that as long as it remains in force, the person so released must not, without the permission of a Bail Officer or a military court (as the case may be), leave Singapore.
(3) Such permission, if granted, must be evidenced by an endorsement on the bond specifying the period of time and the place to which the permission extends.
(4) Such permission must not be granted except on the personal application of the person so released in the presence of his or her surety or sureties, if any.
Person to be released
182F.—(1) As soon as the bond has been executed, the person for whose appearance it has been executed must be released.
(2) Nothing in this section is deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
Re-arrest in case of insufficient sureties
182G. If through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, a Bail Officer or a military court (as the case may be) may direct that the person released must be brought before the Bail Officer or military court and may order the person to find sufficient sureties and, on his or her failing to do so, may commit him or her to custody.
Cash deposit instead of sureties
182H. Where any person is required by a Bail Officer or a military court to execute a bond with one or more sureties, the Bail Officer or military court may permit the person to enter into his or her own bond and, in addition thereto, to deposit a sum of money of an amount that the Bail Officer or the military court thinks fit instead of providing a surety or sureties.
Sureties may apply to have bond discharged
182I.—(1) Where any person is required to execute a bond with sureties, any person who has entered into such a bond as surety may apply to a military court or, where no military court has assembled, to the relevant convening authority, to discharge the bond either wholly or so far as it relates to the applicant.
(2) On an application being made under subsection (1), the military court or the convening authority (as the case may be) may direct that the person on whose behalf the bond was entered into must be arrested and brought before the court or the authority.
(3) Upon the appearance of such person, the military court or the convening authority may direct that the bond be discharged either wholly or so far as it relates to the applicant and is to call on that person to find other sufficient sureties and, if he or she fails to do so, is to commit him or her to custody.
Arrest on breach of bond for appearance
182J. Where any person who is bound by any bond taken under this Part to appear before a military court or to attend at any other place at the time specified in the bond does not so appear or attend, the Bail Officer or military court (as the case may be) may direct that that person must be arrested and produced before the Bail Officer or military court.
Procedure on forfeiture of bond
182K.—(1) Where it is proved to the satisfaction of a military court that any bond taken under this Part has been forfeited, the court —
(a)
is to record the grounds of such proof;
(b)
may summon before it any person bound by the bond; and
(c)
may call on the person to pay the penalty thereof or to show cause why it should not be paid.
(2) If sufficient cause is not shown and the penalty is not paid, or the person bound by the bond fails to appear, the penalty is deemed to be a debt due to the Government.