Singapore Armed Forces (Military Court of Appeal) Regulations

Singapore Armed Forces Act

(Chapter 295, Section 161)

Rg 5

REVISED EDITION 1990

(25th March 1992)

[15th June 1972]

Citation

1. These Regulations may be cited as the Singapore Armed Forces (Military Court of Appeal) Regulations.

Definitions

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

“appellant” means a person who has been convicted of an offence by a subordinate military court and includes the person appointed under section 82(5)(a) of the Act;

“Court” means the Military Court of Appeal established under section 127 of the Act;

“exhibit” means any document or thing which has been produced and used in evidence at a trial by a subordinate military court whether it is attached to the proceedings of that court or not;

“president” means a president of the Court;

“registrar” means a registrar of the Court.

(2) A form referred to by its number means the form so numbered in the Schedule, or a form as near thereto as circumstances permit.

Lodging of notice and petition of appeal

3.—(1) An appellant may, within 10 days after the date on which the decision to be appealed against was given or within such extended time as the Court may allow, lodge a notice of appeal in 8 copies to the registrar.

(2) The notice of appeal shall be in the Form 1 or 2 as may be appropriate, and shall be signed by the appellant or his advocate and solicitor or defending officer.

(3) The appellant shall, within 10 days or within such extended time as the Court may allow after a copy of the grounds of the decision appealed against and a copy of the record of proceedings have been served under section 129(5) of the Act, lodge a petition of appeal in 8 copies to the registrar.

(4) The petition of appeal shall be in the Form 3 and shall be signed by the appellant or his advocate and solicitor or defending officer.

(5) Where an appellant or any other person authorised to make an application or lodge a notice of appeal or a petition of appeal pursuant to these Regulations is unable to write, he may affix his mark thereto, in the presence of a witness who shall attest the same, and thereupon such application or notice of appeal or petition of appeal shall be deemed to be signed by the appellant or other person.

Extension of time

4. An application to the Court for an extension of time within which to lodge a notice of appeal or a petition of appeal shall be in the Form 4. Such application shall be lodged with the registrar.

Notice or petition of appeal where appellant is convicted by a field general court martial or in prison or detention or disciplinary barrack

5.—(1) For the purposes of section 129(1) or (6) of the Act, a notice of appeal or a petition of appeal, as the case may be, shall be regarded as having been lodged with the registrar if it is lodged by the appellant —

(a)	where he was convicted by a field general court martial — with the registrar of that court;
(b)	where he is serving sentence in a prison — with the officer-in-charge of the prison; and
(c)	where he is serving sentence in a detention or disciplinary barrack — with the officer-in-charge of the detention or disciplinary barrack, as the case may be.

(2) Where a notice of appeal or a petition of appeal is lodged with a person other than the registrar in accordance with paragraph (1), it shall be the duty of that person to forward the notice of appeal or the petition of appeal, as the case may be, to the registrar as expeditiously as possible.

Discontinuance of appeal

6.—(1) An appellant may, at any time after he has lodged his notice of appeal, discontinue his appeal by giving to the registrar a notice of discontinuance in the Form 5.

(2) If the appellant is insane, a notice of discontinuance may be given and signed by his advocate and solicitor or defending officer.

Copies of notice to be forwarded to the registrar of a subordinate military court and respondent to the appeal

7. On receipt of a notice of appeal the registrar shall forthwith make a note of the particulars of the same in a register to be kept by him and shall forthwith send copies of such notice to the registrar of a general court martial or the registrar of a field general court martial, as the case may be, and the respondent to the appeal.

Documents

8. As soon as practicable after receiving the copy of the notice of appeal, the registrar shall require the registrar of a general court martial or a field general court martial, as the case may be, to forward to him 8 copies each of the following documents:

(a)	the record of proceedings of the subordinate military court;
(b)	all documents and exhibits produced at the trial;
(c)	the written judgment delivered by the president of a subordinate military court; and
(d)	a list of the exhibits at the trial.

More than one appellant

9. Where more persons than one have been convicted at any one trial and more than one of such persons appeal, then in such a case the number of documents to be filed or supplied under these Regulations shall be increased by one for each appellant.

Documents served on the military prosecutor

10. As soon as may be practicable the registrar shall cause copies of all the documents mentioned in regulation 8 to be served on the military prosecutor.

11.—(1) The registrar shall keep a register of all cases in which he receives notice of appeal under the Act and shall cause the register to be open for public inspection at such place and at such hours as he may, subject to the approval of the Court, decide.

(2) The registrar shall also prepare a list of appeals and applications which the Court may consider on the days on which the Court, as constituted for the hearing and determination of appeals under the Act, is to sit, and shall cause such list to be published at such times, and exhibited at such places and in such a manner as he, subject to the approval of the Court, shall think convenient for giving due notice to the parties interested.

Presence of appellant at hearing of an application

12. Where an appellant is in custody and has filed an application for an extension of time to lodge a notice of appeal or a petition of appeal or otherwise under these Regulations, he shall be allowed to be present at the hearing and determination of his application and the registrar shall give notice of the probable date thereof to the appellant and the officer-in-charge of the detention or disciplinary barrack or prison where the appellant is in custody.

Copies of proceedings, etc.

13.—(1) At any time after the registrar has received a notice of appeal, the appellant or his counsel or defending officer may, subject to regulation 15, obtain from the registrar copies of any document in his possession for the purpose of the appeal.

(2) Such copies shall be supplied by the registrar to the appellant on payment of such charges as the registrar may determine.

(3) A copy of any document which is required for the use of the Court may be made by such person and in such manner as the registrar may direct.

Documents, exhibits and record of the proceedings

14.—(1) The registrar may, on an application made to him by the appellant or the respondent or where he considers it necessary for the proper determination of any appeal or application, and shall, where so directed by the Court, obtain and keep available for use by the Court any document or exhibit and shall subject to regulation 15, make such document or exhibit and the record of the proceedings of a subordinate military court available, pending the determination of the appeal or application for inspection by the appellant or the respondent as and when the registrar may arrange.

(2) Subject to regulation 15, the Court may, at any stage of an appeal, whenever it thinks it necessary or expedient in the interests of justice so to do, order any person having the custody or control of any document, exhibit or other thing connected with the proceedings to produce it to the registrar or before the Court.

(3) Unless the Court otherwise directs, any order made under paragraph (2) shall be served personally.

Security of documents, etc.

15. If the Minister for Defence, or any person authorised on his behalf, certifies that, for reasons of security, the whole or part of the record of the proceedings or other document or any exhibit or other thing, ought not to be disclosed otherwise than to the Court, or ought to be disclosed only subject to such conditions as he may specify, the registrar shall permit inspection or supply a copy thereof only in pursuance of an order of the Court and subject to such conditions, if any, as the Court may direct.

Withholding of documents, etc.

16. Nothing in these Regulations shall affect any rule of law which authorises or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

Witnesses

17.—(1) An order that a witness shall attend for examination may be made at any time on the application of the appellant or the respondent.

(2) An application for an order under paragraph (1) shall be made by notice in writing to the registrar and, if made by an appellant, shall be in the Form 6.

(3) Where the Court orders the examination of any witness to be conducted otherwise than before the Court itself, such order shall specify the person appointed as examiner to take the examination, the place thereof and the witness to be examined.

(4) The registrar shall, subject regulation 15 and to any direction given by the Court, furnish to the person appointed to take an examination any document, exhibit or other thing (or copy thereof) relating to the appeal that he may require; and after the examination has been concluded, the examiner shall return to the registrar any such document, exhibit or other thing (or copy thereof), together with any depositions taken by him under this regulation.

(5) Where an examiner appointed under paragraph (3) has fixed the day and time for the examination of a witness, he shall request the registrar by which the examiner is appointed to inform the appellant and the respondent to the appeal in respect of which the witness is to be examined, and also, if the appellant is in custody, the officer-in-charge of the place where the appellant is in custody of the place, day and time at which the examination shall be held and the registrar shall thereupon cause to be served on the witness a notice in the Form 7.

(6) An examiner shall have power to administer an oath to, or take the affirmation of, any witness, and to require any witness to take such oath or make such affirmation and to answer any question to which the examiner may lawfully require an answer.

(7) The evidence of every witness taken before an examiner shall be taken in the form of a deposition (to which the caption in the Form 8 shall be attached), and unless otherwise ordered shall be taken in private.

(8) Unless the Court otherwise directs, a notice required by this regulation to be served on a witness shall be served on him personally.

Applications to be by motion

18.—(1) All applications to the Court shall unless otherwise provided be made by way of motion and shall be heard in open court.

(2) A notice of application shall be in the Form 9.

(3) A notice of application shall be served on the parties concerned not less than 10 clear days before the return day, unless the Court otherwise orders. An application for leave to give shorter notice may also be made by way of motion.

Filing of applications

19.—(1) An application shall be made by filing a notice of application and every affidavit intended to be used in support thereof together with 7 copies thereof. Such documents shall be filed in the registry of the Court. Copies of such notice of application and affidavits shall at the same time be served on all necessary parties.

(2) The registrar shall follow a procedure similar so far as possible to the procedure relating to the entry of appeals and he shall forthwith inform the appellant and the respondent to the appeal in respect of which the application is made of the place and date of hearing of the application.

Notifying results of appeal, etc.

20.—(1) On the determination of any appeal to the Court or of any application relating thereto, the registrar shall, unless it appears to him unnecessary to do so, give written notice of the determination to the appellant and the respondent and, where the appellant is in custody, to the officer-in-charge of the place where he is detained.

(2) The written notice to the respective parties concerned shall be in the appropriate Forms 10 to 15.

Compliance with these Regulations

21.—(1) The Court may direct that failure to comply with these Regulations by an appellant shall not prevent the further prosecution of his appeal.

(2) The registrar shall forthwith notify the appellant of any directions given by the Court under this regulation, where neither the appellant nor his counsel or defending officer was present at the time when such directions were given.

Sitting of Court

22. The Court may sit and hear appeals at such place or places as the president may decide.

Evidence in camera or in public

23. The Court may hear evidence, including new evidence, as it may consider expedient, and the Court may sit in camera or in public.

Ancillary powers of the Court

24. The Court shall exercise, for all purposes incidental to or arising from any application or appeal, all the powers which under the provisions of any written law in force are vested in a subordinate military court, whether before, during or after the trial, to the extent that such powers may be applicable to the circumstances of an application or appeal to the Court.

Application of the Criminal Procedure Code

25. Where the Court orders the accused to be kept in custody pursuant to section 146 of the Act, the provisions in Chapter XXXI of the Criminal Procedure Code [Cap. 68] shall apply mutatis mutandis in so far as they are not inconsistent with the provisions of the Act or these Regulations.

Scale of costs of Court of Appeal

26.—(1) Where the Court, in exercise of its powers pursuant to section 159 of the Act, makes an order as to the whole or any part of the costs of appeal, the scale of costs will be either in accordance with Order 59 of the Rules of the Supreme Court [Cap. 322, R 5], or Order 48 of the Rules of the Subordinate Courts [Cap. 321, R 1], as it thinks fit.

(2) The registrar shall have all the powers of the Registrar of the Supreme Court with respect to the taxation of costs.

Presentation of case

27.—(1) An appellant may present his case orally or in writing or by an advocate and solicitor or a defending officer.

(2) An appellant, whether or not legally represented, shall be entitled to be present at the hearing of his appeal.

(3) Where an appellant is not legally represented and is in prison, the officer-in-charge of the prison shall cause him to be produced at the hearing of his appeal.

(4) If on the day fixed for hearing of an appeal the appellant does not appear in person, the Court may hear the appeal in his absence.

(5) Where an appeal is dismissed under paragraph (4), the Court may restore the appeal for hearing if it is satisfied that the appellant was prevented by any sufficient cause from appearing in person when the appeal was called on for hearing.

Presentation of case in writing

28. Where an appellant desires to present his case in writing under section 151 of the Act, it shall be in the Form 16.

Certificate and notice of rejection of appeal

29. The certificate of rejection of appeal by the president and the notice of such rejection under section 157 of the Act shall be in the Forms 17 and 18, respectively.

Certificate of Head of Legal Services

30. The certificate by the Head of Legal Services of the Singapore Armed Forces under section 158 of the Act shall be in the Form 19.

Form of oath or affirmation

31. An oath or affirmation which is required to be administered under section 128 of the Act shall be administered in the appropriate form and in the manner set out in the Form 20.

Return of exhibits, etc., after appeal determined

32. Upon the final determination of an appeal, the registrar shall, subject to any order which the Court may make, return the record of proceedings, exhibits and other documents to the person from whom he obtained them.

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