PART 4
SUMMARY TRIAL BY DISCIPLINARY OFFICERS AND COMPOSITION OF MILITARY OFFENCES
[Act 24 of 2022 wef 28/10/2022]
Interpretation of this Part
60.  In this Part, unless the context otherwise requires —
“authorised composition officer” means a serviceman authorised to compound offences under section 79A(1);
[Act 24 of 2022 wef 28/10/2022]
“detachment” means a part of a unit so separated from the unit to which it belongs that the senior disciplinary officer of that unit cannot effectively exercise his or her disciplinary powers over it;
“formation” means a brigade or its equivalent in the navy, air force or digital and intelligence service, or any equivalent body of servicemen;
[Act 24 of 2022 wef 28/10/2022]
“junior disciplinary officer” means, except where otherwise expressly provided, any officer, warrant officer or military expert of or above the rank of ME3 —
(a)who is in command of a squadron, battery or company or an equivalent sub-unit; or
(b)in whom a senior disciplinary officer has vested the powers of a junior disciplinary officer for the purposes of discipline;
“reversion in rank” means reverting a soldier from a temporary rank to the next substantive rank;
“Senior Disciplinary Committee” means a Senior Disciplinary Committee appointed under section 72;
“senior disciplinary officer” means —
(a)any officer, warrant officer or senior military expert who is —
(i)in command of a base or unit; or
(ii)designated by the Armed Forces Council as a senior disciplinary officer for the purposes of discipline; or
(b)a commander of a detachment;
“superior commander” means any officer or senior military expert who is —
(a)in command of a command or formation; or
(b)designated by the Armed Forces Council as a superior commander for the purposes of discipline;
“unit” means a battalion or its equivalent in the navy, air force or digital and intelligence service, or any equivalent body of servicemen.
[28/2009]
[Act 24 of 2022 wef 28/10/2022]
Summary disposal of charges for offences not specified in First Schedule
61.—(1)  A charge made against any person subject to military law in respect of any offence that is not specified in the First Schedule must not be dealt with summarily under the provisions of this Part.
[Act 25 of 2023 wef 01/12/2023]
(2)  The Armed Forces Council may by order amend or vary the First Schedule.
[Act 25 of 2023 wef 01/12/2023]
Charges and jurisdiction
62.—(1)  Before an allegation against any person subject to military law (called in this Act the accused) that the person has committed an offence under this Act is further proceeded with, the allegation must —
(a)be reported in the form of a charge to a disciplinary officer and dealt with in accordance with the provisions of this Part; or
(b)be referred to an authorised composition officer for composition of the offence under section 79A.
[Act 24 of 2022 wef 28/10/2022]
(2)  If the accused is an officer of the rank of colonel, or a senior military expert of the rank of ME7, the charge must, within such time as may be specified in any regulations made under this Act, be brought before the Chief of Defence Force.
[28/2009]
(3)  If the accused is an officer of the rank of lieutenant‑colonel or senior lieutenant‑colonel, or a senior military expert of the rank of ME6, the charge must, within such time as may be specified in any regulations made under this Act, be brought before any Service Chief.
[28/2009]
(4)  If the accused is an officer below the rank of lieutenant‑colonel, or a senior military expert below the rank of ME6, the charge must, within such time as may be specified in any regulations made under this Act, be brought before a superior commander at least 2 ranks above him.
[28/2009]
(5)  If the accused is a warrant officer or a military expert of the rank of ME3, the charge must, within such time as may be specified in any regulations made under this Act be brought before a superior commander.
[28/2009]
(6)  If the accused is a soldier below the rank of warrant officer or ME3, the charge must, within such time as may be specified in any regulations made under this Act, be brought before a junior disciplinary officer.
[28/2009]
(7)  A disciplinary officer other than a Service Chief or the Chief of Defence Force may try an accused only when —
(a)the accused and the disciplinary officer belong to the same detachment, unit, formation or command; or
(b)the Armed Forces Council has vested the disciplinary officer with the powers of a senior disciplinary officer or a superior commander or a senior disciplinary officer has vested the disciplinary officer with the powers of a junior disciplinary officer in respect of the accused.
Powers of junior disciplinary officer when dealing with charge
63.  A junior disciplinary officer when dealing with a charge may —
(a)dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)try the accused summarily; or
(c)if he or she is of the opinion that the charge should not be dealt with by him or her —
(i)refer the charge to a senior disciplinary officer for summary trial; or
(ii)refer the charge to a senior disciplinary officer recommending that the accused be tried by a subordinate military court.
Powers of senior disciplinary officer when dealing with charge
64.—(1)  A senior disciplinary officer when dealing with a charge may —
(a)dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)try the accused summarily; or
(c)if he or she is of the opinion that the charge should not be dealt with by him or her, refer it to a superior commander recommending that the accused be tried by a subordinate military court.
(2)  On receipt of a charge under subsection (1), the superior commander must either —
(a)direct that the charge be tried by the senior disciplinary officer who referred the charge or by any other senior disciplinary officer; or
(b)refer the charge to the Director, Legal Services of the Singapore Armed Forces.
Powers of superior commander when dealing with charge
65.  A superior commander when dealing with a charge other than a charge referred to him or her under section 64(1) may —
(a)dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)try the accused summarily;
(c)if he or she is of the opinion that the charge should not be dealt with by him or her, refer the charge to the Director, Legal Services of the Singapore Armed Forces.
Powers of Service Chief when dealing with charge
65A.—(1)  A Service Chief when dealing with a charge brought before him or her under section 62(3) may —
(a)dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)try the accused summarily; or
(c)if he or she is of the opinion that the charge should not be dealt with by him or her, refer the charge to the Director, Legal Services of the Singapore Armed Forces.
(2)  A Service Chief must try the accused summarily where a charge is referred to him or her under section 67(b)(ii) or 75(4)(a)(i).
Powers of Chief of Defence Force when dealing with charge
65B.—(1)  The Chief of Defence Force when dealing with a charge brought before him or her under section 62(2) may —
(a)dismiss the charge if he or she is of the opinion that it ought not to be proceeded with;
(b)try the accused summarily; or
(c)if he or she is of the opinion that the charge should not be dealt with by him or her, refer the charge to the Director, Legal Services of the Singapore Armed Forces.
(2)  The Chief of Defence Force must try the accused summarily where a charge is referred to him or her under section 67(b)(iii) or 75(4)(a)(i) or (ii).
Dismissal of charges
66.—(1)  A disciplinary officer must not dismiss a charge unless he or she is satisfied —
(a)that the charge is groundless; or
(b)that there are special circumstances which justify its dismissal.
(1A)  A disciplinary officer must dismiss a charge if the charge relates to an offence that has been compounded under section 79A.
[Act 24 of 2022 wef 28/10/2022]
(2)  A disciplinary officer must record the reasons for the dismissal of a charge.
[Act 24 of 2022 wef 28/10/2022]
Remission of case for trial or otherwise
67.  Where a superior commander, a Service Chief or the Chief of Defence Force has referred a charge to the Director, Legal Services of the Singapore Armed Forces, that person may —
(a)direct that the charge be tried by a subordinate military court;
(b)with the approval of the Armed Forces Council, direct that the charge be tried by —
(i)in the case of a charge referred to him or her by a superior commander — the superior commander, the senior disciplinary officer or any other superior commander or senior disciplinary officer;
(ii)in the case of a charge referred to him or her by a Service Chief — the Service Chief, any other Service Chief or the Chief of Defence Force; and
(iii)in the case of a charge referred to him or her by the Chief of Defence Force — the Chief of Defence Force; or
(c)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]
Powers of punishment of junior disciplinary officer
68.  A junior disciplinary officer may, upon conviction of an accused below the rank of warrant officer or ME3, impose any one of the following punishments:
(a)in the case of servicemen holding trainee ranks which are equivalent to the rank of private, privates and recruits, detention for a period not exceeding 10 days;
(b)a fine not exceeding —
(i)in the case of soldiers above the rank of third sergeant (including military experts), a sum of $2,000; and
[Act 24 of 2022 wef 28/10/2022]
(ii)in the case of soldiers of the rank of third sergeant and below, a sum not exceeding $600;
[Act 24 of 2022 wef 28/10/2022]
(c)reprimand;
(d)such minor punishment as the junior disciplinary officer is authorised by regulations made under this Act to award.
[6/2006; 28/2009]
Powers of punishment of senior disciplinary officer
69.—(1)  A senior disciplinary officer may, upon conviction of an accused below the rank of warrant officer or ME3, impose any one of the following punishments:
(a)detention for a period not exceeding 40 days;
(b)reduction in rank;
(c)reversion in rank;
(d)a fine not exceeding —
(i)in the case of soldiers above the rank of third sergeant (including military experts), a sum of $3,000; and
[Act 24 of 2022 wef 28/10/2022]
(ii)in the case of soldiers of the rank of third sergeant and below, a sum not exceeding $1,000;
[Act 24 of 2022 wef 28/10/2022]
(e)reprimand;
(f)such minor punishment as the senior disciplinary officer is authorised by regulations made under this Act to award.
[6/2006; 28/2009]
(2)  In addition to or in lieu of any other punishment, the senior disciplinary officer may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.
Powers of punishment of superior commander
70.—(1)  A superior commander may upon conviction of an accused who is an officer below the rank of lieutenant‑colonel, a warrant officer or a military expert of the rank of ME3, ME4 or ME5 impose any one of the following punishments:
(a)forfeiture of seniority of rank and forfeiture of all or any part of his or her service for purposes of promotion;
(b)a fine not exceeding —
(i)in the case of officers who are of the rank of captain or major, or senior military experts who are of the rank of ME4 or ME5, a sum of $6,000; and
[Act 24 of 2022 wef 28/10/2022]
(ii)in the case of officers below the rank of captain, warrant officers and military experts of the rank of ME3, a sum of $4,000;
[Act 24 of 2022 wef 28/10/2022]
(c)reprimand.
[6/2006; 28/2009]
(2)  In addition to or in lieu of any other punishment, the superior commander may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.
Powers of punishment of Service Chief
70A.—(1)  A Service Chief may, upon the conviction of an accused of the rank of lieutenant‑colonel, senior lieutenant‑colonel or ME6, impose any one or all of the following punishments:
(a)forfeiture of seniority of rank and forfeiture of all or any part of service for the purposes of promotion;
(b)a fine not exceeding a sum of $10,000;
[Act 24 of 2022 wef 28/10/2022]
(c)reprimand.
[6/2006; 28/2009]
(2)  In addition to or in lieu of any other punishment, a Service Chief may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.
Powers of punishment of Chief of Defence Force
70B.—(1)  The Chief of Defence Force may, upon the conviction of an accused of the rank of lieutenant‑colonel, senior lieutenant‑colonel, colonel, ME6 or ME7, impose any one or all of the following punishments:
(a)forfeiture of seniority of rank and forfeiture of all or any part of service for the purposes of promotion;
(b)a fine not exceeding a sum of $10,000;
[Act 24 of 2022 wef 28/10/2022]
(c)reprimand.
[6/2006; 28/2009]
(2)  In addition to or in lieu of any other punishment, the Chief of Defence Force may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.
Detention in default of fine
71.—(1)  A disciplinary officer, if he or she is empowered under this Act to impose detention as a punishment, may direct that in default of the payment of any fine imposed by him or her on any offender, the offender shall, subject to subsection (2), undergo detention for such period as the disciplinary officer may determine.
(2)  The period of detention which a disciplinary officer may direct under subsection (1) is —
(a)if the fine does not exceed $300 — detention for a period not exceeding 10 days;
(b)if the fine exceeds $300 but does not exceed $1,000 — detention for a period not exceeding 20 days; and
(c)in any other case — detention for a period not exceeding 40 days,
and such detention takes effect from such date as the disciplinary officer may direct and ends when the fine is paid.
[6/2006]
Power of Senior Disciplinary Committee
72.—(1)  A charge against an officer of or above the rank of brigadier‑general or rear admiral (one-star) or a senior military expert of or above the rank of ME8, may be dealt with summarily by a Senior Disciplinary Committee appointed by the Chairperson of the Armed Forces Council for that purpose.
[28/2009]
[Act 24 of 2022 wef 28/10/2022]
(2)  Despite subsection (1), a Senior Disciplinary Committee has the power to deal with a charge against an officer of the rank of colonel, or a senior military expert of the rank of ME7, in any case referred to it by the Armed Forces Council under section 75(4)(a)(ii).
[28/2009]
(3)  The Senior Disciplinary Committee must consist of at least 3 members of the Armed Forces Council or any other uneven number, the majority of whom must be members of the Singapore Armed Forces.
(4)  The members of the Senior Disciplinary Committee must be equivalent or superior in rank to the accused or must each be holding an appointment equivalent or superior to that held by the accused.
[28/2009]
(5)  The seniority of such appointments is to be determined by the Chairperson of the Armed Forces Council.
(6)  The Senior Disciplinary Committee may —
(a)dismiss the charge if it is of the opinion that the charge ought not to be proceeded with; or
(b)deal with the case summarily and upon conviction of the accused, impose any one or all of the following punishments:
(i)forfeiture of seniority of rank and forfeiture of all or any part of service for purposes of promotion;
(ii)a fine not exceeding a sum of $30,000;
[Act 24 of 2022 wef 28/10/2022]
(iii)reprimand.
[6/2006]
(7)  In addition to or in lieu of any other punishment, the Senior Disciplinary Committee may order that the accused shall suffer any deduction from his or her ordinary pay authorised by this Act.
(8)  Where the Senior Disciplinary Committee considers under this section that the accused should be tried by a subordinate military court, the Committee must refer the charge to the Director, Legal Services of the Singapore Armed Forces.
(9)  Where the Senior Disciplinary Committee has proceeded to deal with a case summarily under this section and is satisfied on the evidence as to the guilt of the accused, the Committee must, before proceeding to conviction and punishment other than a reprimand, give the accused an opportunity of electing to be tried by a subordinate military court.
(10)  If the accused so elects, the Committee must refer the charge to the Director, Legal Services of the Singapore Armed Forces who must direct that the charge be tried by a subordinate military court.
[17/2004]
(11)  Every decision of the Senior Disciplinary Committee must be in accordance with the opinion of the majority of the members dealing with the case.
Compensation
73.—(1)  Where an accused is convicted by a disciplinary officer or a Senior Disciplinary Committee, the disciplinary officer or Senior Disciplinary Committee may, in addition to any other punishment but subject to subsection (2), order the accused to pay compensation to the party who suffered damage or loss because of the offence.
(2)  The amount of compensation that may be ordered by a junior disciplinary officer must not exceed a sum of $50 and the amount of compensation ordered by a senior disciplinary officer, a superior commander, a Service Chief, the Chief of Defence Force or a Senior Disciplinary Committee must not exceed a sum of $100.
Recovery of compensation
74.  An order for payment of compensation made under section 73 does not affect any right to any civil remedy for the recovery of damages beyond the amount of compensation paid under the order.
Power to quash finding of disciplinary officer
75.—(1)  The Armed Forces Council may, upon the advice of the Director, Legal Services of the Singapore Armed Forces —
(a)quash any finding, sentence, order of dismissal of a charge or award of compensation of a disciplinary officer;
(b)substitute any new finding for any finding of guilt made by a disciplinary officer that is illegal or cannot be supported by the evidence if the new finding could validly have been made by the disciplinary officer on the charge and if it appears that the disciplinary officer was satisfied of the facts establishing the offence specified or involved in the new finding;
(c)substitute another punishment or a lesser punishment where the sentence of a disciplinary officer is invalid or unduly excessive but so that the punishment substituted is not in any event greater or more severe than that awarded by the disciplinary officer.
(2)  Any substituted finding or sentence under subsection (1) is to be treated for all purposes as a finding or sentence of the disciplinary officer.
(3)  In the case where servicemen are serving outside Singapore, the powers under subsection (1) must be exercised —
(a)in relation to any finding, sentence, order of dismissal of a charge or award of compensation of a Service Chief or the Chief of Defence Force — by the Armed Forces Council, except that where the person for the time being holding the appointment of a Service Chief or the Chief of Defence Force is the person who made the finding, sentence, order or award, he or she must not sit as a member of the Armed Forces Council for the purposes of this paragraph; and
(b)in any other case — by an officer or a senior military expert appointed by the Armed Forces Council.
[28/2009]
(4)  Where the Armed Forces Council has in any case quashed the finding, sentence, order of dismissal of a charge or award of compensation of a disciplinary officer under subsection (1)(a), the Council may —
(a)refer the case to be re‑tried —
(i)where the disciplinary officer is a Service Chief, by the Service Chief or, if the Council is of the opinion that the case should not be re‑tried by the Service Chief, any other Service Chief or the Chief of Defence Force;
(ii)where the disciplinary officer is the Chief of Defence Force, by the Chief of Defence Force or, if the Council is of the opinion that the case should not be re‑tried by the Chief of Defence Force, by a Senior Disciplinary Committee; and
(iii)in any other case, by the same or another disciplinary officer; or
(b)if the Council is of the opinion that the case should be re‑tried by a subordinate military court, refer the charge to the Director, Legal Services of the Singapore Armed Forces.
(5)  The Armed Forces Council may at any time suspend the execution of any sentence passed by a disciplinary officer for any period the Council thinks fit.
Inapplicability of law of evidence
76.  A disciplinary officer or a Senior Disciplinary Committee is not bound by the laws of evidence and must act in the manner that seems to the officer or the Committee most expedient for the disposal of the charge.
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.
Time limits for summary trial
78.—(1)  Subject to subsection (2), a person must not be tried by a disciplinary officer —
(a)if the person has been released or discharged within 6 months after the commission of the offence — after the expiry of 3 years from the date of the commission of the offence;
(b)if the person is an operationally ready national serviceman at the time of the commission of the offence — after the expiry of 3 years from that time;
(c)in any other case — after the expiry of 6 months from the date of the commission of the offence.
(2)  Despite subsection (1), the Armed Forces Council or any officer, senior military expert or person authorised by the Council may by written order direct a person to be tried after the expiry of the period of 6 months or 3 years mentioned in subsection (1) where the circumstances of the case warrant such a summary trial.
[28/2009]
(3)  A person must not be tried after the expiry of any time limit specified in section 111 for the trial of any offence referred to in that section.
Record of proceedings
79.  Every disciplinary officer must keep a record of proceedings conducted by him or her under this Part and upon the conclusion of the proceedings must forward the record to the Director, Legal Services of the Singapore Armed Forces.
Composition of offences under this Part
79A.—(1)  Subject to subsection (2), any serviceman authorised by the Armed Forces Council to compound offences may compound any offence specified in the First Schedule that is prescribed as a compoundable offence (called in this section a prescribed offence) by collecting from an accused reasonably suspected of having committed the offence a sum not exceeding the lower of the following:
(a)either —
(i)one half of the amount of the maximum fine that is prescribed for the offence; or
(ii)one half of the amount of the maximum fine that is authorised to be imposed by a disciplinary officer on the accused for the offence at a summary trial, if lower than the amount in sub-paragraph (i) or if no maximum fine is prescribed;
(b)$5,000.
[Act 25 of 2023 wef 01/12/2023]
(2)  An authorised composition officer must not compound a prescribed offence reasonably suspected to have been committed by an accused who is in the same chain of command as the authorised composition officer.
(3)  For the purposes of subsection (2), an authorised composition officer is not in the same chain of command as an accused by reason only of being in the same formation as the accused.
(4)  On payment of the sum of money under subsection (1), no further proceedings are to be taken against the accused in respect of the prescribed offence.
(5)  All sums collected for the composition of an offence under subsection (1) must be paid into the Consolidated Fund.
[Act 24 of 2022 wef 28/10/2022]