Singapore Armed Forces (Summary Trial) Regulations

Singapore Armed Forces Act

(CHAPTER 295, Section 205)

Rg 2

REVISED EDITION 2001

(31st January 2001)

[15th June 1972]

Citation

1. These Regulations may be cited as the Singapore Armed Forces (Summary Trial) Regulations.

PART I

GENERAL

Where person deemed to belong to unit, etc.

2. For the purposes of the Act and these Regulations, a person shall be deemed to belong to a 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

3.—(1) A designation of an officer or a senior military expert as a junior disciplinary officer, a senior disciplinary officer or a superior commander shall be in writing and shall contain the name of the designated officer or senior military expert or a designation of him by reference to his appointment or the duties he performs.

(2) A designation of a warrant officer as a junior disciplinary officer or senior disciplinary officer, or of a military expert of the rank of ME3 as a junior disciplinary officer, shall be in writing and shall contain the name of the designated warrant officer or military expert or a designation of him by reference to his appointment or the duties he performs.

[S 190/2010 wef 01/04/2010]

PART II

CHARGE, CHARGE REPORT AND CHARGE SHEET

Meaning of “charge”

4. 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”

5. 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

6. 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

7. In addition to any other circumstances in which a charge sheet may be required to be prepared under the Act or any regulations made thereunder a charge sheet shall be prepared in the following circumstances:

(a)	when a charge is referred to a superior commander with a recommendation that the accused be tried by a subordinate military court;
(b)	when a charge is referred to the person appointed under section 82(5)(a) of the Act; and
(c)	when a charge is submitted to the convening authority.

Construction of charge, charge report and charge sheet

8. 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 III

AVOIDANCE OF DELAY

Avoidance of delay by disciplinary officers in dealing with charges

9.—(1) If an allegation against any person that he has committed an offence is reported to a disciplinary officer who is empowered to deal with him under section 62 of the Act, 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 person that he has committed an offence is reported to a disciplinary officer who is not empowered to deal with him under section 62 of the Act, the charge shall, unless it is impracticable, be brought before the appropriate disciplinary officer within 48 hours of the report being made to the first-mentioned disciplinary officer.

(3) A 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 IV

DEALING WITH CHARGES

Methods of investigating charges

10.—(1) Subject to paragraphs (3) and (4), when a 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 11; or

(b)

if he is so empowered cause the charge to be investigated by an investigating officer and read and consider the investigation material, except that —

(i)	notwithstanding that he has 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;
(ii)	after the charge has been investigated and he has considered the investigation material, he may himself hear evidence in accordance with regulation 11; and
(iii)	before a senior disciplinary officer refers a charge to a superior commander recommending that the accused be tried by a subordinate military court, or before a superior commander, a service chief or the Chief of Defence Force refers a charge to the person appointed under section 82(5)(a) of the Act, the senior disciplinary officer, the superior commander, the Service Chief or the Chief of Defence Force, as the case may be, shall cause the charge to be investigated by an investigating officer.

(2) A 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.

(3) Where a person elects to be tried by a subordinate military court while his charge is being dealt with by a junior disciplinary officer, the charge shall be forwarded to a senior disciplinary officer for investigation by an investigating officer before it is forwarded to the person appointed under section 82(5)(a) of the Act.

(4) Where the evidence revealed in accordance with paragraphs (1), (2) and (3) 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 and 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 disciplinary officer

11. When a 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 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 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 the Act, refer the charge to a senior disciplinary officer, a superior commander or the person appointed under section 82(5)(a) of the Act;
(f)	the 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 disciplinary officer may, if he considers that in the circumstances of the case a proper punishment for the offence would be a reprimand or a minor punishment, proceed to the conviction of the accused and the award of the punishment without giving him an opportunity of electing to be tried by a subordinate military court;
(h)	the 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;
(i)	if the accused does not elect to be tried by a subordinate military court, the disciplinary officer shall proceed to conviction and the award of punishment;
(j)	the evidence shall not be given on oath or affirmation unless the disciplinary officer so directs or the accused so demands;
(k)	when a witness objects to taking an oath, the disciplinary officer shall cause him to make an affirmation;
(l)	if the evidence is given on oath or affirmation, the disciplinary officer shall, subject to 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 23;
(m)	any witness testifying in a summary trial shall be liable to be asked questions by the disciplinary officer; and
(n)	the disciplinary officer may adjourn the trial if he considers that the interests of justice so requires.

Investigation before summary dealing by disciplinary officer

12. Before a 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 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 disciplinary officer

13. A 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

14.—(1) Where a Senior Disciplinary Committee —

(a)	deals with 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; or [S 779/2022 wef 28/10/2022]
(b)	in any case referred to it by the Armed Forces Council under section 75(4)(a)(ii) of the Act, deals with a charge against an officer of the rank of colonel, or a senior military expert of the rank of ME7,

the Senior Disciplinary Committee shall deal with the charge in the best manner that is calculated to achieve the ends of justice.

[S 190/2010 wef 01/04/2010]

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