Trial of civil offences
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]
(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.
(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.