Singapore Armed Forces (DXO — Disciplinary Proceedings and Miscellaneous Powers) Regulations

Singapore Armed Forces Act

(CHAPTER 295, Section 205)

Singapore Armed Forces (DXO — Disciplinary Proceedings and Miscellaneous Powers) Regulations

Rg 17

G.N. No. S 325/2002

REVISED EDITION 2004

(29th February 2004)

[1st July 2002]

PART I

PRELIMINARY

Citation

1.  These Regulations may be cited as the Singapore Armed Forces (DXO — Disciplinary Proceedings and Miscellaneous Powers) Regulations.

Definitions

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

“accused” means any DXO who has been accused of an offence under the Act;

“defence executive officer” or “DXO” means a regular serviceman in the non-uniformed service of a grade set out in the Singapore Armed Forces (DXO — Service Grades) Regulations (Rg 16);

“disciplinary proceedings” means proceedings for an offence before a DXO disciplinary officer or the Senior Disciplinary Committee under these Regulations;

“DXO disciplinary officer” means a DXO junior disciplinary officer, a DXO senior disciplinary officer or a DXO superior disciplinary officer;

“DXO junior disciplinary officer” means a DXO of officer grade 8, 9, 10 or 11 designated as a DXO junior disciplinary officer by a DXO senior disciplinary officer for the purpose of discipline of defence executive officers in designated departments, bases or units;

“DXO senior disciplinary officer” means a DXO of officer grade 12 or 13 designated as a DXO senior disciplinary officer by the Armed Forces Council for the purpose of discipline of defence executive officers in designated departments, bases or units;

“DXO superior disciplinary officer” means a DXO of officer grade 14 or above designated as a DXO superior disciplinary officer by the Armed Forces Council for the purpose of discipline of defence executive officers in designated departments, bases or units;

“grade” means a service grade as set out in the Singapore Armed Forces (DXO — Service Grades) Regulations;

“Senior Disciplinary Committee” means a Senior Disciplinary Committee appointed, with the necessary modifications, in accordance with section 72 of the Act.

PART II

DISCIPLINARY PROCEEDINGS OF DXO SERVICEMEN BY DXO DISCIPLINARY OFFICERS

Disciplinary proceedings against DXO

3.  A DXO who is alleged to have committed an offence specified in the Schedule to the Act shall be liable to be dealt with summarily under the provisions of these Regulations instead of being liable to be dealt with under Part IV of the Act.

No summary disposal of charges for offences not specified in Schedule to Act

4.  No charge made against any DXO in respect of any offence that is not specified in the Schedule to the Act shall be dealt with summarily under these Regulations.

Charges and jurisdiction

5.—(1)  Before an allegation against any accused that he has committed an offence under the Act is further proceeded with, the allegation shall be reported in the form of a charge to a DXO disciplinary officer and dealt with in accordance with the provisions of these Regulations.

(2)  If the accused is a DXO of grade 6 or 7, or officer grade 8, 9, 10, 11, 12 or 13, the charge shall, within the time specified in regulation 29, be brought before a DXO superior disciplinary officer.

(3)  If the accused is a DXO of grade 5 or below, the charge shall, within the time specified in regulation 29, be brought before a DXO junior disciplinary officer.

Powers of DXO junior disciplinary officer when dealing with charge

6.  A DXO junior disciplinary officer when dealing with a charge may —

(a) dismiss the charge if he is of the opinion that the charge ought not to be proceeded with;

(b) try the accused summarily; or

(c) if he is of the opinion that the charge should not be dealt with by him —

(i) refer the charge to a DXO senior disciplinary officer for disciplinary proceedings; or

(ii) refer the charge to a DXO senior disciplinary officer recommending that the accused be tried by a subordinate military court.

Powers of DXO senior disciplinary officer when dealing with charge

7.—(1)  A DXO senior disciplinary officer when dealing with a charge may —

(a) dismiss the charge if he is of the opinion that the charge ought not to be proceeded with;

(b) try the accused summarily; or

(c) if he is of the opinion that the charge should not be dealt with by him, refer the charge to a DXO superior disciplinary officer recommending that the accused be tried by a subordinate military court.

(2)  On receipt of a charge under paragraph (1), the DXO superior disciplinary officer shall —

(a) direct that the charge be tried by the DXO senior disciplinary officer who referred the charge or by any other DXO senior disciplinary officer; or

(b) refer the charge to the Director, Legal Services.

Powers of DXO superior disciplinary officer when dealing with charge

8.  A DXO superior disciplinary officer when dealing with a charge other than a charge referred to him under regulation 7(1) may —

(a) dismiss the charge if he is of the opinion that the charge ought not to be proceeded with;

(b) try the accused summarily; or

(c) if he is of the opinion that the charge should not be dealt with by him, refer the charge to the Director, Legal Services.

Restrictions on power to dismiss charge

9.—(1)  A DXO disciplinary officer shall not dismiss a charge unless he is satisfied that —

(a) the charge is groundless; or

(b) there are special circumstances which justify its dismissal.

(2)  A DXO disciplinary officer shall record the reasons for the dismissal of a charge.

Powers of punishment of DXO junior disciplinary officer

10.  A DXO junior disciplinary officer may, upon conviction of an accused of grade 5 or below, impose any one of the following punishments:

(a) a fine not exceeding a sum of $300;

(b) reprimand;

(c) minor punishment of admonishment.

Powers of punishment of DXO senior disciplinary officer

11.—(1)  A DXO senior disciplinary officer may, upon conviction of an accused of grade 5 or below, impose any one of the following punishments:

(a) reduction in grade;

(b) reversion in grade;

(c) a fine not exceeding a sum of $500;

(d) reprimand;

(e) minor punishment of admonishment.

(2)  In addition to or in lieu of any other punishment, the DXO senior disciplinary officer may order that the accused shall suffer any deduction from his ordinary pay authorised by the Act.

Powers of punishment of DXO superior disciplinary officer

12.—(1)  A DXO superior disciplinary officer may, upon conviction of an accused who is a DXO of grade 6 or 7, or officer grade 8, 9, 10, 11, 12 or 13, impose any one of the following punishments:

(a) forfeiture of seniority of grade and forfeiture of all or any part of his service for purposes of promotion;

(b) a fine not exceeding —

(i) in the case of a DXO of officer grade 10 to 13, a sum of $1,000; and

(ii) in the case of a DXO of grade 6 or 7, or officer grade 8 or 9, a sum of $500;

(c) reprimand.

(2)  In addition to or in lieu of any other punishment, the DXO superior disciplinary officer may order that the accused shall suffer any deduction from his ordinary pay authorised by the Act.

Powers of Senior Disciplinary Committee

13.—(1)  A charge against a DXO of officer grade 14 or above may be dealt with summarily by the Senior Disciplinary Committee.

(2)  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 grade and forfeiture of all or any part of his service for purposes of promotion;

(ii) a fine not exceeding a sum of $1,500;

(iii) reprimand.

(3)  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 ordinary pay authorised by the Act.

(4)  Where the Senior Disciplinary Committee considers that the accused should be tried by a subordinate military court, the Committee shall refer the charge to the Director, Legal Services.

(5)  Where the Senior Disciplinary Committee has proceeded to deal with a case summarily and is satisfied on the evidence as to the guilt of the accused, the Committee shall, before proceeding to conviction and punishment other than a reprimand, afford the accused an opportunity of electing to be tried by a subordinate military court and if the accused so elects, the Committee shall refer the charge to the Director, Legal Services.

(6)  Every decision of the Senior Disciplinary Committee shall be in accordance with the opinion of the majority of the members dealing with the case.

Referral to Director, Legal Services

14.  The Director, Legal Services, when dealing with a charge referred to him under these Regulations, may —

(a) direct that the charge-sheet be submitted to the appropriate convening authority;

(b) with the approval of the Armed Forces Council, direct
that —

(i) in the case of a referral by a Senior Disciplinary Committee, the charge be tried by the same or a differently constituted Senior Disciplinary Committee; and

(ii) in the case of a referral by a DXO disciplinary officer, the charge be tried by the same or by a different DXO disciplinary officer; or

(c) with the approval of the Armed Forces Council, direct that no action be taken against the accused either by way of disciplinary proceedings or by a subordinate military court.

Compensation

15.—(1)  Where an accused is convicted by a DXO disciplinary officer or a Senior Disciplinary Committee, the DXO disciplinary officer or Senior Disciplinary Committee may, in addition to any other punishment but subject to paragraph (2), order the accused to pay compensation to the party who suffered damage or loss by reason of the offence.

(2)  The amount of compensation that may be ordered —

(a) by a DXO junior disciplinary officer shall not exceed a sum of $500; and

(b) by a DXO senior disciplinary officer, a DXO superior disciplinary officer or a Senior Disciplinary Committee shall not exceed a sum of $5,000.

Recovery of compensation

16.  An order for payment of compensation made under regulation 15 shall not prejudice 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 DXO disciplinary officer

17.—(1)  The Armed Forces Council may, upon the advice of the Director, Legal Services —

(a) quash any finding, sentence, order of dismissal of a charge or award of compensation of a DXO disciplinary officer;

(b) substitute any new finding for any finding of guilty made by a DXO disciplinary officer that is illegal or cannot be supported by the evidence if the new finding could validly have been made by the DXO disciplinary officer on the charge and if it appears that the DXO disciplinary officer was satisfied of the facts establishing the offence specified or involved in the new finding; or

(c) substitute another punishment or a lesser punishment where the sentence of a DXO disciplinary officer is invalid or unduly excessive but so that the punishment substituted shall not in any event be greater or more severe than that awarded by the DXO disciplinary officer.

(2)  Any substituted finding or sentence under paragraph (1) shall be treated for all purposes as a finding or sentence of the DXO disciplinary officer.

(3)  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 DXO disciplinary officer under paragraph (1)(a), it may —

(a) refer the case to be retried by the same or another DXO disciplinary officer; or

(b) if it is of the opinion that the case should be retried by a subordinate military court, refer the charge to the Director, Legal Services.

(4)  The Armed Forces Council may at any time suspend the execution of any sentence passed by a DXO disciplinary officer for such period as it thinks fit.

(5)  The Armed Forces Council may delegate the exercise of its powers under paragraph (1) to any one of its members or to its secretary.

Inapplicability of law of evidence

18.  A DXO disciplinary officer or a Senior Disciplinary Committee shall not be bound by the laws of evidence and shall act in such manner as seems to him or it most expedient for the disposal of the charge.

Right of accused to elect for trial by subordinate military court

19.—(1)  A DXO disciplinary officer who has proceeded to deal with a case summarily and is satisfied on the evidence as to the guilt of the accused shall, before proceeding to conviction and punishment, other than a reprimand or minor punishment, afford the accused an opportunity of electing to be tried by a subordinate military court.

(2)  If the accused so elects, the DXO disciplinary officer shall forward the documents specified in regulation 41(1) to the Director, Legal Services who may —

(a) direct that a charge be submitted to the convening authority; or

(b) with the approval of the Armed Forces Council, direct that no action be taken against the accused either by way of disciplinary proceedings or by a subordinate military court.

Time limits for disciplinary proceedings

20.—(1)  Subject to this regulation, no person shall be tried under these Regulations —

(a) if he has been released or discharged from service within 6 months after the commission of the offence, after the expiry of 3 years from the date of the commission of the offence; or

(b) in any other case, after the expiry of 6 months from the date of the commission of the offence.

(2)  Notwithstanding paragraph (1), the Armed Forces Council, or any DXO of officer grade or person authorised by the Council, may by order in writing direct a person to be tried after the expiry of the period of 6 months or 3 years referred to in paragraph (1) where the circumstances of the case so warrant.

(3)  No person shall be tried after the expiry of any time limit specified in section 111 of the Act for the trial of any offence referred to in that section.

Record of proceedings

21.  Every Senior Disciplinary Committee or DXO disciplinary officer shall keep a record of proceedings conducted by them under these Regulations and, upon the conclusion of the proceedings, shall forward the record to the Director, Legal Services.

PART III

GENERAL

Where person deemed to belong to unit, etc.

22.  For the purposes of the Act and these Regulations, a person shall be deemed to belong to a department, detachment, unit, formation or command if he is posted therein, attached thereto, employed in its service or on a particular assignment on its behalf.

Designation to be in writing

23.  A designation of a DXO as a DXO junior disciplinary officer, a DXO senior disciplinary officer or a DXO superior disciplinary officer shall be in writing and shall contain the name of the designated DXO or a designation of him by reference to his appointment or the duties he performs.

PART IV

CHARGE, CHARGE REPORT AND CHARGE-SHEET

Meaning of charge

24.  For the purposes of proceedings under the Act and these Regulations, a charge is a formal accusation that a person has committed an offence.

Meaning of alternative charge

25.  Charges may be laid in the alternative where the allegations in the particulars are considered capable of supporting a finding of guilty of —

(a) one of several offences; or

(b) a particular offence but, failing proof of one or more elements of that offence, another offence,

and only by trial may the actual offence, if any, be determined.

When charge report prepared

26.  Every charge against a person shall initially be recorded on a charge report which shall be —

(a) in writing; and

(b) prepared in accordance with these Regulations.

When charge-sheet prepared

27.  In addition to any other circumstances in which a charge-sheet may be required to be prepared under the Act a charge-sheet shall be prepared in the following circumstances:

(a) when a charge is referred to a DXO superior disciplinary officer with a recommendation that the accused be tried by a subordinate military court;

(b) when a charge is referred to the Director, Legal Services; and

(c) when a charge is submitted to the convening authority.

Construction of charge, charge report and charge-sheet

28.  In the construction of a charge, charge report or charge-sheet, there shall be presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed in the charge, charge report or charge-sheet and the statement of the offence and the particulars of the offence shall be read and construed together.

PART V

AVOIDANCE OF DELAY

Avoidance of delay by DXO disciplinary officers in dealing with charges

29.—(1)  If an allegation against any DXO that he has committed an offence is reported to a DXO disciplinary officer who is empowered to deal with him under regulation 5, he shall, unless it is impracticable, have the accused brought before him within 48 hours of the report being made to him, inform him of the charge against him and begin to deal with it.

(2)  If an allegation against any DXO that he has committed an offence is reported to a DXO disciplinary officer who is not empowered to deal with him under regulation 5, the charge shall, unless it is impracticable, be brought before the appropriate DXO disciplinary officer within 48 hours of the report being made to the first-mentioned DXO disciplinary officer.

(3)  A DXO disciplinary officer before whom a charge is brought by virtue of paragraph (2) shall, unless it is impracticable, have the accused brought before him within 48 hours of the charge being brought before him, inform him of the charge against him and begin to deal with it.

PART VI

DEALING WITH CHARGES

Investigations

30.—(1)  Subject to this regulation, when a DXO disciplinary officer deals with a charge, he shall first read and, if necessary, explain the charge to the accused and shall then —

(a) hear the evidence himself in accordance with regulation 31; or

(b) if he is so empowered cause the charge to be investigated by an investigating officer and read and consider the investigation material.

(2)  Notwithstanding that a DXO disciplinary officer had heard all or part of the evidence himself, he may, if he is so empowered, cause the charge to be investigated by an investigating officer.

(3)  After the charge has been investigated and a DXO disciplinary officer has considered the investigation material, the DXO disciplinary officer may hear evidence himself in accordance with regulation 31.

(4)  Before a DXO senior disciplinary officer refers a charge to a DXO superior disciplinary officer recommending that the accused be tried by a subordinate military court or before a DXO superior disciplinary officer refers a charge to the Director, Legal Services, the DXO senior disciplinary officer or the DXO superior disciplinary officer, as the case may be, shall cause the charge to be investigated by an investigating officer.

(5)  A DXO disciplinary officer shall in any event cause a charge to be investigated by an investigating officer where an accused has elected to be tried by a subordinate military court.

(6)  Where a person elects to be tried by a subordinate military court while his charge is being dealt with by a DXO junior disciplinary officer, the charge shall be forwarded to a DXO senior disciplinary officer for investigation by an investigating officer before it is forwarded to the Director, Legal Services.

(7)  Where the evidence revealed in accordance with this regulation discloses an offence other than the offence which is the subject of the investigation, a new charge alleging that offence may be preferred against the accused in addition to, or in substitution for, the original charge.

(8)  The investigation of the original charge may be treated, for the purposes of these Regulations, as the investigation of the added or substituted charge.

Hearing of evidence by DXO disciplinary officer

31.  When a DXO disciplinary officer deals with a charge by hearing the evidence himself, the following procedure shall be observed:

(a) each prosecution witness shall give his evidence orally in the presence of the accused, or the DXO disciplinary officer shall read to the accused a written statement made by the witness, except that a written statement of a prosecution witness shall not be used if the accused requires that the witness shall give his evidence orally;

(b) the accused shall be allowed to cross-examine any prosecution witness;

(c) the accused may, on his own behalf, give evidence on oath or affirmation or may make a statement without being sworn or affirmed;

(d) the accused may call witnesses in his defence, who shall give their evidence orally and in his presence;

(e) the DXO disciplinary officer shall at this stage decide upon the evidence whether to dismiss the charge, convict the accused or, in accordance with his powers under these Regulations, refer the charge to a DXO senior disciplinary officer, a DXO superior disciplinary officer or the Director, Legal Services;

(f) the DXO disciplinary officer, if he is satisfied on the evidence as to the accused’s guilt, shall, before recording a conviction or awarding any punishment, examine the conduct sheets of the accused and may hear evidence relating to the character of the accused or any other evidence for the purpose of determining the punishment;

(g) the DXO disciplinary officer, if he considers that in the circumstances of the case a proper punishment for the offence would be a punishment other than a reprimand or a minor punishment, shall, before recording a conviction or awarding any punishment, afford the accused an opportunity of electing to be tried by a subordinate military court;

(h) if the accused does not elect to be tried by a subordinate military court, the DXO disciplinary officer shall proceed to conviction and the award of punishment;

(i) the evidence shall not be given on oath or affirmation unless the DXO disciplinary officer so directs or the accused so demands;

(j) when a witness objects to taking an oath, the DXO disciplinary officer shall cause him to make an affirmation;

(k) if the evidence is given on oath or affirmation, the DXO disciplinary officer shall, subject to the accused’s right to make a statement without being sworn or affirmed, administer the oath or affirmation to each witness and to any interpreter in accordance with regulation 43;

(l) any witness testifying in a disciplinary proceeding shall be liable to be asked questions by the DXO disciplinary officer; and

(m) the DXO disciplinary officer may adjourn the disciplinary proceeding if he considers that the interests of justice so require.

Investigation before summary dealing by DXO disciplinary officer

32.  Before a DXO disciplinary officer deals summarily with a charge after the charge has been investigated by an investigating officer —

(a) any prosecution witness who has not given his evidence orally shall do so if the accused requires it; and

(b) the DXO disciplinary officer shall give the accused a further opportunity to give evidence on oath or affirmation or to make a statement without being sworn or affirmed and to call witnesses in his defence.

Dismissal of charges by DXO disciplinary officer

33.  A DXO disciplinary officer may dismiss a charge at any time during which he is dealing with it if he is of the opinion that it ought not to be proceeded with further.

Charge before Senior Disciplinary Committee

34.—(1)  When the Senior Disciplinary Committee deals with a charge against a DXO of officer grade 14 or above, it shall deal with it in the best manner that is calculated to achieve the ends of justice.

(2)  Without prejudice to the generality of paragraph (1), the Senior Disciplinary Committee shall, when dealing with a charge against a DXO of officer grade 14 or above, follow with such modifications and variations as may be necessary, the same procedure as that prescribed for a DXO disciplinary officer when dealing with a charge.

 

[G.N. No. S 325/2002]