Supplementary provisions
Presentation of appellant’s case
151.  An appellant that so desires may, instead of presenting his or her case orally, present it in writing in the prescribed form.
Evidence
152.—(1)  The Military Court of Appeal may —
(a)order the production of any document, exhibit or other thing connected with the proceedings the production of which appears to them necessary for the determination of the case;
(b)order any witness who would have been a compellable witness at the trial to attend for examination and be examined before the Court, whether or not the witness was called at the trial; and
(c)receive the evidence, if tendered, of any witness.
(2)  Without limiting subsection (1), where evidence is tendered to the Military Court of Appeal under that subsection, the Court may, unless it is satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise its power under that subsection of receiving it if —
(a)it appears to the Court that the evidence is likely to be credible and would have been admissible at the trial on an issue which is the subject of the appeal; and
(b)the Court is satisfied that it was not adduced at the trial, but there is a reasonable explanation of the failure to adduce it.
(3)  Subsection (1)(c) applies to any witness (including the appellant) who is competent but not compellable, and applies also to the appellant’s husband or wife where the appellant makes an application for that purpose and the evidence of the husband or wife could not have been given at the trial except on such an application.
(4)  The Military Court of Appeal may order the examination of any witness whose attendance may be required under subsection (1)(b) to be conducted in the prescribed manner before any member of the Court or before any other person appointed by the Court for that purpose, and allow the admission of any depositions so taken as evidence before the Court.
Mode of taking additional evidence
153.—(1)  Without affecting section 152 in dealing with any appeal, the Military Court of Appeal may, if it thinks additional evidence is necessary, either take the evidence itself or direct it to be taken by the trial court.
(2)  When any additional evidence is taken by the trial court, it is to certify that evidence, with a statement of its opinion on the case considered with regard to the additional evidence, to the Military Court of Appeal, and the Military Court of Appeal is to thereupon proceed to dispose of the appeal.
(3)  The parties to the appeal must be present when any additional evidence is taken.
(4)  In dealing with any appeal, the Military Court of Appeal may also call for and receive from the trial court a report of any matter connected with the trial.
Judgment
154.—(1)  Once the hearing of an appeal ends, the Military Court of Appeal is to, 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, deliver judgment in open Court.
(2)  The Military Court of Appeal is to ordinarily give only one judgment which may be pronounced by the president of the Court or by any other member of the Court that the president may direct but separate judgments are to be delivered if the president so directs.
(3)  The judgment of any member of the Military Court of Appeal who is absent may be read by any other member.
Judgment to be certified to trial court
155.—(1)  The Military Court of Appeal is to certify its judgment or order to the trial court.
(2)  The trial court is to thereupon make such orders as are conformable to the judgment or order of the Military Court of Appeal, and, if necessary, the record must be amended in accordance therewith.
(3)  Upon the withdrawal or discontinuance of any appeal, the registrar of the Military Court of Appeal is to notify the trial court accordingly and if any stay of execution or enforcement has been granted, the sentence or order of the trial court must forthwith be enforced.
[Act 25 of 2021 wef 01/04/2022]
Appeal not to operate as stay of execution or enforcement
156.—(1)  Except in the cases mentioned in subsection (4), no appeal operates as a stay of execution or enforcement.
[Act 25 of 2021 wef 01/04/2022]
(2)  The trial court may stay execution or enforcement on any judgment, order, conviction or sentence pending appeal on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in such judgment, order, conviction or sentence as to the Military Court of Appeal may seem reasonable.
[Act 25 of 2021 wef 01/04/2022]
(3)  If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed must be excluded in computing the term of the sentence unless the Military Court of Appeal otherwise orders.
(4)  In the case of a conviction involving sentence of death —
(a)the sentence must not in any case be executed until after the end of the time within which notice of appeal may be given, or any extension of time which may be permitted, under section 129; and
(b)if notice is so given the sentence must not be executed until after the determination of the appeal.
[Act 25 of 2021 wef 01/04/2022]
Summary rejection of appeal
157.—(1)  Where —
(a)the grounds of appeal do not raise any question of law; and
(b)it appears to the Military Court of Appeal that —
(i)the evidence is sufficient to support the conviction; and
(ii)there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Court to consider that the sentence ought to be reduced,
the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the president of the Court, certifying that the members of the Court, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint.
(2)  Notice of a rejection under subsection (1) must be served upon the appellant.
(3)  If, in any case rejected under subsection (1), the appellant gives, within 7 days of service of notice of rejection upon him or her, notice to the registrar of the Military Court of Appeal of application for permission to amend his or her grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate and solicitor specifying the question to be raised and undertaking to argue it, the Military Court of Appeal may grant the appellant permission to amend accordingly and must restore the appeal for hearing.
[Act 25 of 2021 wef 01/04/2022]
(4)  For the purposes of subsection (3), the question whether a sentence ought to be reduced is deemed not to be a question of law.
Reference of point of law to Military Court of Appeal in case of acquittal by subordinate military court
158.—(1)  When any person has been acquitted in a trial before a subordinate military court and the Director, Legal Services of the Singapore Armed Forces has, within one month from the date of the acquittal or such time as the Military Court of Appeal may permit, signed and filed with the registrar of the Court a certificate that the determination of the trial involved a question of law which it is desirable to have determined by the Military Court of Appeal, the Court is to review the case or such part of it as may be necessary and deliver a declaratory judgment thereon.
(2)  A declaratory judgment of the Military Court of Appeal under subsection (1) does not operate to reverse an order of acquittal, but that judgment is then binding upon all other subordinate military courts in the same manner as an ordinary judgment of the Military Court of Appeal.
(3)  Only the Director, Legal Services of the Singapore Armed Forces may exercise the powers conferred by this section.
Costs of appeal
159.  The Military Court of Appeal may make such order as to the whole or any part of the costs of appeal or the whole or any part of the costs in a subordinate military court as the Court thinks fit.
No appeal from Military Court of Appeal
160.  No appeal lies from any decision of the Military Court of Appeal.
Regulations of procedure in Military Court of Appeal
161.  The Armed Forces Council may by regulations made under this Act provide for the procedure and practice to be followed in the Military Court of Appeal.