Search within Legislation

Search Results

Singapore Armed Forces Act

(CHAPTER 295, Section 205)

Singapore Armed Forces
(Disciplinary Barracks) Regulations

Rg 8

REVISED EDITION 1990

(25th March 1992)

[24th October 1975]

Citation

1. These Regulations may be cited as the Singapore Armed Forces (Disciplinary Barracks) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“Board” means the Board of Visitors appointed under regulation 30;

“commandant” means an officer appointed by the Director of Manpower to be in charge of a disciplinary barrack;

“Director of Manpower” means the person appointed to exercise such powers and functions as are conferred or imposed on the Director of Manpower by these Regulations;

“person serving detention” means a person under sentence of special detention in a disciplinary barrack imposed by a subordinate military court.

Place of custody of person sentenced to a disciplinary barrack

3. A person sentenced by a subordinate military court to special detention in a disciplinary barrack shall serve such sentence in a disciplinary barrack.

Women

4. A woman serving detention shall be kept under such conditions as the Director of Manpower may, with due regard to decency and the special position of the woman, direct.

Temporary place of custody

5.—(1) Where a person is sentenced to special detention in a disciplinary barrack when his unit is engaged in military operations, and he cannot be delivered immediately into a disciplinary barrack, he may be kept in custody in such place as his unit commander may direct, except that he shall be kept under conditions which are not detrimental to his health and that he shall be delivered into a disciplinary barrack as soon as possible.

(2) Paragraph (1) shall also apply to —

(a)	persons serving detention in a vessel at sea; and
(b)	persons serving detention outside Singapore.

Seperation of persons in custody

6. Wherever practicable persons serving detention who are above the rank of sergeant shall be kept separately from other persons serving detention.

General orders

7. The commandant may, subject to the Act and these Regulations, issue general orders in respect of disciplinary barracks and persons serving detention.

Admission to disciplinary barracks

8. On the admission to a disciplinary barrack of a person sentenced to special detention therein the following procedures shall apply:

(a)	the commandant or a person on the staff of the disciplinary barrack shall examine whether there is a lawful authority for detaining the person therein;
(b)	the person serving detention shall, with due regard to decency, be searched; and any article or document which he is not allowed to keep in his possession shall be taken from him and kept in safe custody; and a list of those articles or documents authenticated by the signature of the person responsible for the taking of such articles or documents shall be kept and a copy thereof shall be delivered on demand to the person sentenced to special detention in the disciplinary barrack; and
(c)	within 24 hours after admission, the person serving detention shall be examined by a medical officer and shall not undergo any form of work or training before a medical officer certifies in the form set out in Schedule A that he is fit for such work or training.

Accommodation

9.—(1) Two persons shall not be kept in custody in one cell in a disciplinary barrack.

(2) There shall be either one person or at least 3 persons in a cell referred to in paragraph (1).

Permitted articles

10.—(1) Subject to paragraphs (2) and (3), a person serving detention shall be allowed to keep in his cell necessary clothing, boots, mess-tins, cleaning and toilet kits.

(2) Knives, razors, forks and spoons shall not be allowed to be kept in the cell of a person serving detention.

(3) Persons serving detention shall not be allowed to wear decorations, insignias or badges of rank.

(4) The commandant may permit a person serving detention to keep in such person’s cell any article in addition to those mentioned in paragraph (1).

Searches

11. The commandant may order a person serving detention to be searched at any time.

Food

12. Subject to regulation 23(1)(a), a person serving detention shall be provided with food similar to that provided to a serviceman not in custody.

Prohibition on smoking

13. No person serving detention shall smoke or have in his possession a match or lighter, or any naked light for the purpose of lighting any tobacco or cigarette.

Letters

14.—(1) A person sentenced to special detention in a disciplinary barrack shall be allowed to write one letter during his detention therein; and thereafter he shall not write any other letter.

(2) There shall be no restriction on the length of the letter a person, referred to in paragraph (1) may write.

(3) A letter written under this regulation by a person serving detention shall be forwarded through the commandant of the disciplinary barrack in which such person is serving detention.

(4) The commandant of a disciplinary barrack may scrutinize any letter written under this regulation by a person serving detention in the disciplinary barrack or any letter addressed to such person.

(5) The commandant of a disciplinary barrack may withhold a letter, or any part thereof, written by a person serving detention in the disciplinary barrack or addressed to such person.

(6) Where the commandant of a disciplinary barrack withholds a letter, or any part thereof, written by a person serving detention in the disciplinary barrack or addressed to such person, under paragraph (5), the commandant shall as soon as possible notify such person that the letter or part thereof has been withheld.

Visits

15. A person serving detention shall be allowed such number of visits from relatives and friends as the commandant may determine from time to time.

Visits by counsel

16.—(1) Notwithstanding regulation 14(1), a person serving detention shall be allowed to write more than one letter to his solicitor or defending officer.

(2) Regulation 14(4) and (5) shall not apply to a letter written by —

(a)	a person serving detention addressed to his solicitor or defending officer; or
(b)	his solicitor or defending officer addressed to him.

(3) Notwithstanding paragraph (2), where the commandant of a disciplinary barrack has reason to believe that a letter written by a person serving detention in the disciplinary barrack addressed to such person’s solicitor or defending officer or by the solicitor or defending officer addressed to such person contains material unrelated to the purposes of —

(a)	an investigation into an offence which such person is alleged to have, or is suspected of having committed;
(b)	a trial for such offence; or
(c)	an appeal against a conviction or a sentence passed upon a conviction for such offence,

the commandant may, subject to compliance with regulation 14(6), withhold such letter.

(4) The commandant of a disciplinary barrack shall provide reasonable facilities for a person serving detention in the disciplinary barrack to be visited by his solicitor or defending officer for the purposes of —

(a)	an investigation into an offence which such person is alleged to have, or is suspected of having committed;
(b)	a trial for such offence; or
(c)	an appeal against a conviction for or a sentence passed upon a conviction for such offence.

(5) Any visit made under paragraph (4) shall be within the sight, but not within the hearing of the commandant or a person on the staff of a disciplinary barrack.

Physical restraint

17.—(1) The commandant of a disciplinary barrack may issue an order in writing for the physical restraint of a person serving detention in the disciplinary barrack to prevent such person from inflicting injuries to himself or another person, damaging property, creating any disturbance or escaping.

(2) Physical restraint shall not be ordered for the purpose of punishing a person serving detention.

(3) A person serving detention shall not be handcuffed to any object.

(4) Persons serving detention may be handcuffed to one another when they are moving from one place to another.

(5) An order made under paragraph (1) shall be in the form set out in Part I of Schedule B.

(6) The period during which a person serving detention may be physically restrained under this regulation shall not exceed 12 hours, except that the Director of Manpower may order that the physical restraint shall continue for a period not exceeding 24 hours.

(7) Physical restraint shall only be applied under this regulation by means of handcuffs of the figure of 8 and of a swivel or curb chain type not exceeding 567 grammes in weight, except that the commandant of a disciplinary barrack may, when such handcuffs cannot effectively secure a person serving detention in the disciplinary barrack, order any other means or manner of restraint with the approval of and subject to such conditions as may be laid down by a medical officer in the form set out in Part II of Schedule B.

(8) Physical restraint may be applied to a person serving detention before the issue of an order under paragraph (1) only in a case of extreme urgency where an order in writing cannot be obtained.

(9) The commandant shall in a case referred to in paragraph (8) issue forthwith an order in writing.

Training and work of persons serving detention

18.—(1) A person serving detention shall be engaged in such training or work as the commandant may require from time to time in accordance with these Regulations.

(2) No person serving detention shall be engaged in training or work for more than 18 hours a day.

(3) A person serving detention may be made to perform training or work on Sundays and gazetted public holidays.

(4) No person shall be engaged in training or work when he is, on the advice of a medical officer, excused from training or work on medical grounds.

(5) A person having a restricted diet as a punishment imposed on him under regulation 23 may be required to do light work.

Unauthorised work

19. A person serving detention shall not be employed or required to do any work for the personal benefit or advantage of any person, nor in contravention of these Regulations or the orders of the commandant.

Escape from custody

20.—(1) A serviceman who discovers the escape from custody of a person serving detention or who has any knowledge which may assist in the apprehension of such person shall immediately report to the commandant.

(2) The commandant of a disciplinary barrack shall forthwith inform the military police of any escape from custody of a person serving detention in the disciplinary barrack.

(3) The military police shall upon receiving any information of the escape from custody of a person serving detention, forthwith report the escape to the police and the Director of Manpower.

Temporary release

21.—(1) The commandant may, on the application of a person serving detention, grant such person temporary release from a disciplinary barrack for a period not exceeding 48 hours on compassionate grounds.

(2) The period during which a person is released under paragraph (1) shall be accountable for the purpose of calculating the period of sentence of special detention served by that person.

(3) Upon releasing a person under paragraph (1) the commandant shall issue a certificate of release in the form set out in Schedule C.

Remission

22.—(1) Subject to paragraphs (3) and (4), a person serving detention shall be entitled to have part of his sentence remitted in accordance with the following provisions:

(a)	if his sentence does not exceed 21 days — nil;
(b)	if his sentence exceeds 21 days but does not exceed 30 days — a period equal to the number of days by which the sentence exceeds 21 days; and
(c)	if his sentence exceeds 30 days — one third of the period of his sentence.

(2) For the purposes of calculating a remission of a sentence of special detention under paragraph (1), a part of a day shall be disregarded.

(3) Where a person serving detention misbehaves himself the whole or a part of any remission of the sentence of special detention, granted to him under paragraph (1), may be withdrawn by —

(a)	the Director of Manpower, acting on the recommendation of the commandant, if the remitted period of sentence to be withdrawn exceeds 9 days; and
(b)	the commandant, if such period does not exceed 9 days.

(4) Where a person serving detention is granted any medical leave during the detention, any remission of the sentence of special detention, granted to him under paragraph (1), shall be reduced by the number of days during which he was on such leave, unless the Director of Manpower, on the recommendation of the commandant, decides otherwise.

Offences and punishments

23.—(1) A person serving detention who commits a minor disciplinary barrack offence shall, after being given an opportunity of being heard, be liable, in addition to or in lieu of any other punishment which may be imposed under any written law, to any one of the following punishments to be imposed by the commandant:

(a)	restricted diet for a period not exceeding two weeks;
(b)	extra work and drill for a period not exceeding 7 days; and
(c)	close confinement for a period not exceeding 3 days.

(2) The punishment of extra work and drill imposed under paragraph (1) may include performance by the person, who commits a minor disciplinary barrack offence, each day —

(a)	of his normal duties for a longer period (not exceeding one hour) than he would have been required to perform if the punishment had not been imposed;
(b)	of any other useful extra work for a period not exceeding one hour; and
(c)	of extra drill, for a period not exceeding one hour and with sufficient breaks, at such times as may be authorised under general orders.

(3) A person serving detention who is guilty of any act, conduct or neglect to the prejudice of good order or discipline shall be guilty of a minor disciplinary barrack offence.

(4) Without prejudice to the generality of paragraph (3), a minor disciplinary barrack offence includes —

(a)	exchanging any clothing or uniform given or issued by the Singapore Armed Forces for that of another person serving detention without the permission of a person superior in rank or on the staff of a disciplinary barrack;
(b)	doing any act or using any language calculated to offend or insult another person serving detention;
(c)	disorderly or indecent behaviour;
(d)	omitting, without reasonable excuse, to assist in the suppression of violence or insubordination of any kind, when called upon by a person superior in rank or on the staff of a disciplinary barrack to do so;
(e)	omitting, or refusing, without reasonable excuse, to be clean or tidy, or disobeying, without reasonable cause, an order relating to the cutting of hair;
(f)	omitting or refusing to keep clean any personal belongings kept in a disciplinary barrack, or failing to take due care of any property given or issued by or belonging to the Singapore Armed Forces or disobeying any order as to the keeping, arrangement or disposal of such belongings or property;
(g)	performing any work allotted to another person serving detention, or obtaining the assistance of such other person to do any work, without any reasonable excuse;
(h)	idling when engaged in work under regulation 18;
(i)	removing, defacing or altering, without reasonable excuse any distinctive number, mark or badge to be attached to, or worn on, the body or any uniform or clothing issued by the Singapore Armed Forces;
(j)	spitting on or otherwise soiling or befouling any floor, door, wall or other part of a disciplinary barrack’s building or any article therein;
(k)	tampering with a disciplinary barrack’s lock, lamp or other property with which he has no concern;
(l)	omitting to report at once or as soon as possible any loss, destruction, breakage or damage caused to any property of the Singapore Armed Forces in a disciplinary barrack;
(m)	mixing or adding a substance to any material issued for work without the permission of a person superior in rank or on the staff of a disciplinary barrack;
(n)	damaging or destroying a tree or plant within the enclosure of a disciplinary barrack without the permission of a person superior in rank or on the staff of a disciplinary barrack;
(o)	any other act of insubordination; and
(p)	abetting the commission of a minor disciplinary barrack offence.

(5) For the purpose of sub-paragraph (1)(a) and regulation 18(5), a restricted diet shall consist of the food and quantity thereof set out in Schedule D.

Use of force

24. In the treatment of a person serving detention, force shall not be used unnecessarily, but if the use of force is necessary no more force shall be used than is necessary.

Medical observations

25. The commandant shall ensure that every person serving detention who is —

(a)	having a restricted diet;
(b)	subject to any form of physical restraint;
(c)	sick, or complaining of sickness; or
(d)	in close confinement,

is under constant medical observation.

Infliction of corporal punishment

26.—(1) When a sentence of caning is awarded under section 118 (15) or 119 of the Act, the sentence shall be carried out in the presence of a commandant and a medical officer.

(2) The medical officer, referred to in paragraph (1), shall give such directions for preventing any injury to health as he may consider necessary, and the person executing the caning shall comply with those directions.

(3) Where a sentence of caning is awarded under section 118 (15) or 119 of the Act, the caning shall be inflicted on the buttocks of the persons on whom such sentence is awarded.

(4) A person on whom a sentence of caning, awarded under section 118 (15) or 119 of the Act, is to be carried out, shall wear such protective clothing as may be required by a commandant from time to time to prevent as far as possible any permanent scar, cutting of the skin or bleeding from being caused by the caning.

Time of executing sentence

27.—(1) A sentence of caning awarded by a subordinate military court under section 118(15) of the Act shall not be inflicted until after the expiration of 10 days from the date of sentence and after approval has been given by the Armed Forces Council or if an appeal is lodged within that time, until the sentence is confirmed by the Military Court of Appeal and approval has been obtained from the Armed Forces Council.

(2) A sentence of caning awarded by a commandant under section 119 of the Act shall not be inflicted until after the approval of the Armed Forces Council has been obtained.

(3) A sentence of caning shall —

(a)	where the sentence is passed by a subordinate military court under section 118(15) of the Act, be inflicted as soon as possible after the expiration of 10 days and the approval of the Armed Forces Council has been obtained;
(b)	where an appeal is lodged under section 129 of the Act, be inflicted as soon as possible after the receipt of the order of the Military Court of Appeal confirming the sentence and the approval of the Armed Forces Council has been obtained; or
(c)	where the sentence is passed by a commandant under section 119 of the Act, be inflicted as soon as possible after the approval of the Armed Forces Council has been obtained.

Medical examination before infliction of caning

28. Before a sentence of caning may be inflicted on a person serving detention, such person shall be sent to a medical officer for examination to ensure that he is fit to undergo the punishment.

Complaints

29.—(1) A person serving detention in a disciplinary barrack who considers himself wronged in any matter may complain to the commandant of the disciplinary barrack.

(2) It is the duty of the commandant to investigate any complaint made to him under paragraph (1) and take such steps for redressing the wrong complained of as appears to him to be necessary to comply with these Regulations or the Act, as the case may be.

Board of Visitors

30.—(1) The Armed Forces Council shall in each year appoint a panel consisting of servicemen and other persons to be members of a Board of Visitors.

(2) The Armed Forces Council shall decide on the number of persons who are to be appointed to the Board.

(3) A member of the Board may at any time visit a disciplinary barrack and may inspect the several wards, confinement or other cells, yards, and other places or divisions of the disciplinary barrack, inspect and test the quality and quantity of food served therein, hear the complaints (if any) of persons serving detention, and question any person serving detention or member of the staff of the disciplinary barrack, in respect of living and other conditions therein and shall ascertain, so far as possible, whether the disciplinary barrack’s general orders and regulations are adhered to, and shall draw the attention of the commandant of the disciplinary barrack to any irregularity that may be observed in the maintenance thereof or in the treatment of any person serving detention therein and shall exercise and perform such other powers and duties as may be necessary to discharge the member’s functions under these Regulations.

(4) A commandant shall take such action as may be necessary on any irregularity drawn to his attention under paragraph (3) and report to the Board on the action taken by him as soon as possible.

Visits by Board of Visitors

31.—(1) The commandant shall not accompany any member of the Board in his visit to or inspection of a disciplinary barrack, but shall inform him of any request by a person serving detention to see the member, and shall otherwise assist the member in the exercise of his powers and the discharge of his functions and duties under these Regulations.

(2) A member of the Board shall on every visit hear any complaint which a person serving detention may wish to make to him and shall inquire into the conditions of those persons who are in close confinement.

Detention in prison

32.—(1) A person on whom a sentence of special detention in a disciplinary barrack has been passed may be detained in a military or civil prison or detention barrack temporarily for any period not exceeding 7 days if —

(a)	it is impracticable for the person on whom the sentence is passed to be detained in a disciplinary barrack; or
(b)	it is desirable for such person to be detained in a military or civil prison or detention barrack.

(2) The committal order shall be in the form set out in Schedule E.

(3) The authority committing a person serving detention to a military or civil prison or a detention barrack shall order the return of the person to a disciplinary barrack on the expiration of the authorised period.

(4) The order referred to in paragraph (3) shall be in the form set out in Schedule F.

Form of committal

33. A committal of a person to a disciplinary barrack shall be in the form set out in Schedule G.

Publication

34. A copy of these Regulations or a sufficient extract therefrom, in a form approved by the Director of Manpower, shall be displayed conspicuously in all disciplinary barracks, and in such other places where they can be seen by every person serving detention.