Singapore Armed Forces (Subordinate Military Courts) Regulations 2004

No. S 724

Singapore Armed Forces Act

(Chapter 295)

Singapore Armed Forces (Subordinate Military Courts) Regulations 2004

In exercise of the powers conferred by section 93 of the Singapore Armed Forces Act, the Armed Forces Council hereby makes the following Regulations:

PART I

PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Singapore Armed Forces (Subordinate Military Courts) Regulations 2004 and shall come into operation on 31st December 2004.

Definitions

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

“court” means a subordinate military court;

“investigation material” means the investigation material referred to in section 179 of the Act;

“officer cadet” includes a midshipman;

[S 191/2010 wef 01/04/2010]

“president” means the president of a subordinate military court;

“prosecutor” means any military prosecutor appointed under section 82(5) of the Act;

“reviewing authority” means the reviewing authority referred to in section 116 of the Act.

PART II

CHARGE-SHEETS AND CHARGES

Charge-sheets

3.—(1)  A charge-sheet —

(a) shall set out all the issues to be tried at the same time; and

(b) may contain more than one charge, if the charges are founded on the same facts or form or are part of a series of offences of the same or a similar character,

but any charge under section 22, 23, 42 or 47(1) of the Act may be included in any charge-sheet, notwithstanding that the charge is not founded on the same facts, and does not form and is not part of a series of offences of the same or a similar character, as any other charge in that charge-sheet.

(2)  Every charge-sheet shall contain —

(a) a commencement; and

(b) the charge or charges.

(3)  The commencement of each charge-sheet shall —

(a) state the NRIC number, rank or grade, name and unit of the accused or, where these are not known, any other particulars sufficient for his identification; and

(b) show by the description of the accused or directly by an express averment that he is subject to military law or otherwise liable to trial by a subordinate military court.

(4)  If there is more than one charge in a charge-sheet —

(a) the charges should be numbered; and

(b) when any charge is laid in the alternative, the alternative nature of that charge shall be indicated on the charge-sheet.

(5)  Every charge-sheet shall, as far as practicable, be drawn in the form and according to the illustrations given in the First Schedule.

Charges

4.—(1)  Each charge in a charge-sheet shall —

(a) allege only one offence; and

(b) be divided into the following parts:

(i) a statement of the offence with which the accused is charged; and

(ii) a statement of the particulars of the offence, including any act, omission, disorder or neglect constituting the offence.

(2)  Every statement of an offence in a charge-sheet shall provide sufficient details to enable the accused to know exactly what he is charged with.

(3)  Every statement of the particulars of an offence shall, as far as practicable, provide details of the date and time when, and the place where, the offence was allegedly committed.

(4)  Where the accused is charged with 2 or more offences in the alternative —

(a) each offence shall be set out in a separate charge; and

(b) the charges shall be set out in the charge-sheet in order of gravity, beginning with the most serious charge.

Joint charges

5.—(1)  Two or more accused may be charged in the same charge-sheet —

(a) in respect of separate offences alleged to have been committed by each of them individually, if the acts on which the charges are founded are so connected that it is in the interests of justice that the charges be tried together; or

(b) in respect of a single offence alleged to have been committed by them jointly.

(2)  When 2 or more accused are charged in the same charge-sheet under paragraph (1), each accused may, at the same time, be charged in the same charge-sheet with any other offence alleged to have been committed —

(a) by him individually; or

(b) by them jointly,

if the charge relating to the other offence could, had he been tried separately, have been included under regulation 3(1) in the same charge-sheet.

Construction of charge-sheets and charges

6.—(1)  In construing any charge-sheet or charge, there shall be presumed, in support of the charge-sheet or charge, every proposition which, though not expressly stated, may reasonably be presumed to have been impliedly included in the charge-sheet or charge.

(2)  In construing any charge, the statement of the offence and the statement of the particulars of the offence shall be read and construed together.

Preparation of charge-sheets

7.—(1)  Where the Director, Legal Services of the Singapore Armed Forces has directed that a charge be tried by a judge court martial or panel court martial, he or a prosecutor acting under his direction shall prepare the charge-sheet and send it to —

(a) the convening authority for general courts martial or, where the convening authority has authorised any person other than the registrar for subordinate military courts to perform the duties imposed on the convening authority under section 81 (2), (8) or (11) of the Act or regulation 9, that person; and

(b) the registrar for subordinate military courts.

(2)  Where the Director, Legal Services of the Singapore Armed Forces has directed that a charge be tried by a field general court martial, he or a prosecutor acting under his direction shall prepare the charge-sheet and send it to —

(a) the convening authority for that field general court martial; and

(b) the serviceman appointed under section 83(6) of the Act to perform the functions of the registrar of that field general court martial.

(3)  Where —

(a) the Military Court of Appeal has made an order authorising a retrial under sections 149 and 150 of the Act; or

(b) the reviewing authority has made an order for a retrial under section 117 read with sections 149 and 150 of the Act,

the Director, Legal Services of the Singapore Armed Forces or a prosecutor acting under his direction shall prepare the charge-sheet, and the accused shall be retried, in accordance with section 149(3) of the Act and with any direction or directions which may have been given by the Military Court of Appeal or reviewing authority, as the case may be, under section 149(4) of the Act.

PART III

CONVENING OF SUBORDINATE MILITARY COURTS

Appointment of general courts martial panel

8.—(1)  The convening authority for general courts martial shall appoint the general courts martial panel by issuing a convening order in the appropriate form set out in the Second Schedule.

(2)  The convening authority may at any time augment the general courts martial panel by issuing a supplementary convening order in the appropriate form set out in the Second Schedule.

(3)  The convening authority may at any time revoke the appointment of any member of the general courts martial panel by issuing an order to that effect in the appropriate form set out in the Second Schedule.

(4)  An oath or affirmation in the appropriate form in the Third Schedule shall be administered to each member of the general courts martial panel in accordance with section 87(1) of the Act before the member assumes his office in a general court martial.

Duties of convening authority for general courts martial

9.—(1)  The convening authority for general courts martial shall —

(a) constitute each judge court martial or panel court martial from the members of the general courts martial panel in accordance with paragraphs (2) and (3);

(b) where none of the members of a panel court martial is a qualified person, designate a judge advocate to officiate in any trial before that panel court martial;

(c) upon constituting any judge court martial or panel court martial, issue a convening order in respect of that judge court martial or panel court martial in the appropriate form set out in the Second Schedule; and

(d) in respect of any trial before a judge court martial or panel court martial, take steps to procure the attendance before that judge court martial or panel court martial of —

(i) all witnesses to be called for the prosecution; and

(ii) subject to paragraph (4), all witnesses whose attendance the accused has reasonably requested in accordance with regulation 12.

(2)  The convening authority shall designate by name —

(a) the president of each judge court martial; and

(b) the president and other members of each panel court martial, except any president of a panel court martial who is a Supreme Court Judge appointed under section 81(7) of the Act.

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(3)  The convening authority shall ensure that every person whom he designates to serve in a court under paragraph (2) —

(a) is qualified under section 81(3) to (6) of the Act to serve in that court; and

(b) is not disqualified under section 84 of the Act from serving in that court.

(4)  The convening authority may require an accused to defray or to undertake to defray, as the convening authority thinks fit, the cost of the attendance of a witness whose attendance the accused has requested in accordance with regulation 12, and if the accused refuses to defray or to undertake to defray, as the case may be, such cost, the convening authority shall not be obliged to take any further steps to procure the attendance of that witness.

(5)  Where the convening authority has authorised the registrar for subordinate military courts or any other person to perform the duties imposed on the convening authority under this regulation, the registrar or person shall —

(a) be entitled to perform those duties for and on behalf of the convening authority; and

(b) forward to the convening authority a copy of the convening order referred to in paragraph (1)(c).

Duties of convening authority of field general court martial

10.—(1)  The convening authority of a field general court martial shall —

(a) constitute the field general court martial in accordance with paragraphs (2) and (3);

(b) if he considers that a judge advocate should be appointed to officiate in a trial before the field general court martial, take steps to procure the appointment of the judge advocate;

(c) upon constituting the field general court martial, issue a convening order in the appropriate form set out in the Second Schedule;

(d) appoint the date, time and place for the trial before the field general court martial; and

(e) take steps to procure the attendance before the field general court martial of —

(i) all witnesses to be called for the prosecution; and

(ii) subject to paragraph (4), all witnesses whose attendance the accused has reasonably requested in accordance with regulation 12.

(2)  The convening authority shall —

(a) appoint the president of the field general court martial by name; and

(b) appoint the other members of the field general court martial —

(i) by name; or

(ii) by detailing a commanding officer to appoint those members from amongst officers and senior military experts of one or more specified ranks.

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(3)  The convening authority shall ensure that every person whom he appoints to serve in a court under paragraph (2) —

(a) is qualified under section 83 of the Act to serve in that court; and

(b) is not disqualified under section 84 of the Act from serving in that court.

(4)  The convening authority may require an accused to defray or to undertake to defray, as the convening authority thinks fit, the cost of the attendance of a witness whose attendance the accused has requested in accordance with regulation 12, and if the accused refuses to defray or to undertake to defray, as the case may be, such cost, the convening authority shall not be obliged to take any further steps to procure the attendance of that witness.

Pre-trial administration

11.—(1)  When a judge court martial has been constituted to try the accused, the registrar for subordinate military courts shall —

(a) send the original of each charge-sheet relating to the accused and the convening order in respect of the judge court martial to the president of the judge court martial;

(b) send a copy of each such charge-sheet and the convening order to the commanding officer of the accused; and

(c) send a copy of the convening order to the Director, Legal Services of the Singapore Armed Forces.

(2)  When a panel court martial has been constituted to try the accused, the registrar for subordinate military courts shall —

(a) send the original of each charge-sheet relating to the accused and the convening order in respect of the panel court martial to the president of the panel court martial;

(b) send a copy of each such charge-sheet and the convening order —

(i) to each of the other members of the panel court martial;

(ii) to any judge advocate who has been appointed to officiate in the trial; and

(iii) to the commanding officer of the accused; and

(c) send a copy of the convening order to the Director, Legal Services of the Singapore Armed Forces.

(3)  When a field general court martial has been convened to try the accused, the serviceman appointed under section 83(6) of the Act to perform the functions of the registrar of the field general court martial shall —

(a) send the original of each charge-sheet relating to the accused and the convening order in respect of the panel court martial to the president of the field general court martial;

(b) send a copy of each such charge-sheet and the convening order —

(i) to each of the other members of the field general court martial;

(ii) to any judge advocate who has been appointed to officiate in the trial; and

(iii) to the commanding officer of the accused; and

(c) send a copy of the convening order to the Director, Legal Services of the Singapore Armed Forces.

(4)  Where a court has been constituted or convened to try the accused in respect of any charge, any person in possession of the investigation material relating to the charge shall, at the request of the prosecutor, send the investigation material to the prosecutor.

(5)  Where a general court martial has been constituted to try the accused in respect of any charge —

(a) the prosecutor and the accused may, before trial, apply to a judge court martial for directions for the conduct of the trial by giving written notice of the application to the registrar for subordinate military courts; and

(b) any president of a judge court martial may —

(i) hear and determine any such application;

(ii) adjourn any such application for hearing before the general court martial constituted to try the accused; or

(iii) give directions for the conduct of the trial, whether or not any such application has been made.

Preparation of defence

12.—(1)  Subject to paragraph (2) —

(a) the accused shall be afforded a proper opportunity for preparing his defence, and in this regard —

(i) his commanding officer shall —

(A) ensure that he is informed of his right under section 102 of the Act to be represented by a defending officer or counsel; and

(B) if he wishes to be represented by a defending officer, assist him in procuring a defending officer; and

(ii) he shall be allowed proper communication with his defending officer or counsel and with his witnesses;

(b) as soon as practicable after the commanding officer of the accused has received a copy of each charge-sheet and convening order under regulation 11(1), (2) or (3), and in any case not less than 24 hours before the commencement of the trial, the commanding officer shall ensure that the accused is given, and the accused shall be given —

(i) a copy of the charge-sheet; and

(ii) if the accused so requires, the rank or grade, name and unit of the president and, in the case of a panel court martial or a field general court martial, each other member of the court; and

(c) when the accused is given a copy of the charge-sheet in accordance with this regulation, he shall —

(i) if necessary, have the charge explained to him; and

(ii) be informed that, upon his making a written request to his commanding officer not less than 24 hours before his trial requiring the attendance at his trial of any witness (other than a witness for the prosecution) whom he desires to call in his defence (such witness to be named by him), reasonable steps will be taken in accordance with these Regulations to procure the attendance of any such witness at his trial.

(2)  In the case of a field general court martial, paragraph (1) need only be complied with so far as it is practicable to do so.

(3)  When it is intended to try 2 or more accused jointly, notice of this fact shall be given to each accused when he is given a copy of the charge-sheet, and —

(a) if the trial is to take place before a general court martial —

(i) each accused may, before trial, apply to a judge court martial to be tried separately (on the ground that he would be prejudiced in his defence if he were not tried separately) by giving written notice of the application to the registrar for subordinate military courts;

(ii) any president of a judge court martial may hear and determine the application; and

(iii) the president of the judge court martial shall, if he is of the opinion that the interests of justice so require, after consulting the prosecutor, direct that the accused who made the application be tried separately; or

(b) if the trial is to take place before a field general court martial, where it is practicable —

(i) each accused may, before trial, apply by written notice to the convening authority to be tried separately on the ground that he would be prejudiced in his defence if he were not tried separately; and

(ii) the convening authority shall, if he is of the opinion that the interests of justice so require, after consulting the Director, Legal Services of the Singapore Armed Forces, direct that the accused who made the application be tried separately.

(4)  When a charge-sheet contains more than one charge —

(a) if the accused is to be tried before a general court martial —

(i) the accused may, before trial, apply to a judge court martial to be tried separately on any charge in the charge-sheet (on the ground that he would be prejudiced in his defence if he were not tried separately on that charge) by giving written notice of the application to the registrar for subordinate military courts;

(ii) any president of a judge court martial may hear and determine the application; and

(iii) the president of the judge court martial shall, if he is of the opinion that the interests of justice so require, after consulting the prosecutor, direct that the accused be tried separately on that charge; or

(b) if the accused is to be tried before a field general court martial, where it is practicable —

(i) the accused may, before trial, apply by written notice to the convening authority to be tried separately on any charge in the charge-sheet on the ground that he would be prejudiced in his defence if he were not tried separately on that charge; and

(ii) the convening authority shall, if he is of the opinion that the interests of justice so require, after consulting the Director, Legal Services of the Singapore Armed Forces, direct that the accused be tried separately on that charge.

PART IV

COMMENCEMENT OF TRIAL

Preliminary matters to be considered

13.—(1)  The president of a judge court martial shall, before commencing a trial, satisfy himself —

(a) that he is qualified under section 81 (3) and (6)(a) of the Act to serve in that capacity;

(b) that he is not disqualified under section 84 of the Act from serving in that capacity;

(c) that the accused appears from the charge-sheet —

(i) to be subject to military law or otherwise liable to be tried by a subordinate military court; and

(ii) to be subject to the jurisdiction of the judge court martial; and

(d) that each charge is on the face of it correct in law and framed in accordance with these Regulations.

(2)  Upon a panel court martial assembling, the members of the panel court martial shall, before commencing a trial, satisfy themselves in closed court —

(a) that the panel court martial has been constituted in accordance with the Act and these Regulations;

(b) that the panel court martial consists of not less than the legal minimum of members;

(c) that they are qualified under section 81(4) to (7) of the Act to serve in the panel court martial;

(d) that none of them is disqualified under section 84 of the Act from serving in the panel court martial;

(e) where none of them is a qualified person, that a judge advocate has been duly appointed to officiate in any trial before the panel court martial;

(f) that the accused appears from the charge-sheet —

(i) to be subject to military law or otherwise liable to be tried by a subordinate military court; and

(ii) to be subject to the jurisdiction of the panel court martial; and

(g) that each charge is on the face of it correct in law and framed in accordance with these Regulations.

(3)  Upon a field general court martial assembling, the members of the field general court martial shall, before commencing a trial, satisfy themselves in closed court —

(a) that the field general court martial has been convened in accordance with the Act and these Regulations;

(b) that the field general court martial consists of not less than the legal minimum of officers and senior military experts;

[S 191/2010 wef 01/04/2010]

(c) that they are qualified under section 83 of the Act to serve in the field general court martial;

(d) that none of them is disqualified under section 84 of the Act from serving in the field general court martial;

(e) where there is a judge advocate, that he has been duly appointed;

(f) that the accused appears from the charge-sheet —

(i) to be subject to military law or otherwise liable to be tried by a subordinate military court; and

(ii) to be subject to the jurisdiction of the field general court martial; and

(g) that each charge is on the face of it correct in law and framed in accordance with these Regulations.

(4)  Where, before the commencement of any trial before a court, a vacancy occurs through the president or, in the case of a panel court martial or a field general court martial, any other member of the court being disqualified under the Act or being absent —

(a) if the court is a judge court martial, the vacancy shall be filled by another officer or senior military expert from the general courts martial panel who —

(i) is eligible for appointment as president of a judge court martial; and

(ii) has been designated by the convening authority to fill the vacancy;

[S 191/2010 wef 01/04/2010]

(b) if the court is a panel court martial, subject to section 81(7) of the Act, the vacancy shall be filled by another person from the general courts martial panel who —

(i) is eligible for the appointment; and

(ii) has been designated by the convening authority to fill the vacancy; or

(c) if the court is a field general court martial, the vacancy shall be filled by another officer or senior military expert who —

(i) is eligible for the appointment; and

(ii) has been designated by the convening authority to fill the vacancy.

[S 191/2010 wef 01/04/2010]

(5)  For the avoidance of doubt, the convening authority may designate or appoint any eligible person to fill any vacancy referred to in paragraph (4) before the vacancy occurs.

(6)  Where any person has been designated or appointed to fill any vacancy referred to in paragraph (4), the convening authority shall —

(a) issue a new convening order in respect of the reconstituted court under regulation 9(1)(c) or 10(1)(c), as the case may be; or

(b) where the designation or appointment is made before the vacancy occurs, as an alternative to complying with sub-paragraph (a), reflect the designation or appointment in the convening order issued under regulation 9(1)(c) or 10(1)(c), as the case may be.

(7)  Where the convening authority for general courts martial has authorised the registrar for subordinate military courts or any other person to perform the duties imposed on the convening authority under paragraph (4)(a) or (b), (5) or (6), the registrar or person shall —

(a) be entitled to perform those duties for and on behalf of the convening authority; and

(b) forward to the convening authority a copy of the convening order referred to in paragraph (6).

(8)  If the court is not satisfied on any matter referred to in paragraph (1), (2) or (3), as the case may be, and is not competent to rectify the matter itself under the Act or these Regulations, the court shall, before commencing the trial, report to the convening authority.

(9)  When the court has complied with this regulation and is ready to proceed with the trial, the trial shall begin in open court.

Challenges by accused

14.—(1)  The convening order and the name of each person constituting the court shall be read in the presence of the accused, who shall, subject to paragraph (2), be given an opportunity to object to that person in accordance with section 88 of the Act.

(2)  The accused shall have no right to object to a president of a panel court martial who is a Supreme Court Judge.

[S 118/2021 wef 01/03/2021]

(3)  When a court is convened to try more than one accused, whether jointly or separately, each accused shall —

(a) be given an opportunity to object to the president and, in the case of a panel court martial or a field general court martial, the other members of the court in accordance with paragraph (1); and

(b) be asked separately whether he has any such objection.

(4)  When a court is convened to try more than one accused jointly, and any accused objects to the president or, in the case of a panel court martial or a field general court martial, any other member of the court, the court may, if it thinks fit —

(a) proceed to determine that objection in accordance with this regulation; or

(b) postpone the trial of that accused and proceed with the trial of the other accused only.

(5)  The accused shall state the name of each person to whom he objects before any objection is disposed of.

(6)  In the case of a panel court martial or a field general court martial, if more than one member of the court is objected to —

(a) the objection to each member shall be disposed of separately;

(b) any objection to the president shall be disposed of first; and

(c) the objections to the other members shall be disposed of in order of the members’ seniority, beginning with the objection to the member who is the most junior in rank or grade.

(7)  The accused may make a statement and call any person to make a statement in support of his objection.

(8)  Any person to whom the accused has objected may state in open court anything relevant to the accused’s objection, whether in support or in rebuttal thereof.

(9)  Each objection shall be disposed of in accordance with section 88 of the Act.

(10)  Where the court allows an objection, the person objected to shall retire and —

(a) if the court is a judge court martial, the convening authority shall designate another officer or senior military expert from the general courts martial panel who is eligible for appointment as president of a judge court martial to be the president of another judge court martial convened to try the accused;

[S 191/2010 wef 01/04/2010]

(b) if the court is a panel court martial, the vacancy shall be filled by another person from the general courts martial panel who —

(i) is eligible for the appointment; and

(ii) has been designated by the convening authority to fill the vacancy;

(c) if the court is a field general court martial, the vacancy shall be filled by another officer or senior military expert who —

(i) is eligible for the appointment; and

(ii) has been designated by the convening authority to fill the vacancy.

[S 191/2010 wef 01/04/2010]

(11)  For the avoidance of doubt, the convening authority may designate or appoint any eligible person to fill any vacancy referred to in paragraph (10)(b) or (c) before the vacancy arises.

(12)  Where any person has been designated or appointed to fill any vacancy referred to in paragraph (10)(b) or (c), the convening authority shall —

(a) issue a new convening order in respect of the reconstituted court under regulation 9(1)(c) or 10(1)(c), as the case may be; or

(b) where the designation or appointment is made before the vacancy occurs, as an alternative to complying with sub-paragraph (a), reflect the designation or appointment in the convening order issued under regulation 9(1)(c) or 10(1)(c), as the case may be.

(13)  Where the convening authority for general courts martial has authorised the registrar for subordinate military courts or any other person to perform the duties imposed on the convening authority under paragraph (10)(a) or (b), (11) or (12), the registrar or person shall —

(a) be entitled to perform those duties for and on behalf of the convening authority; and

(b) forward to the convening authority a copy of the convening order referred to in paragraph (12).

No right to object to judge advocate or prosecutor

15.  The accused shall have no right to object to a judge advocate or prosecutor.

Swearing of field general court martial and judge advocate

16.—(1)  Immediately after regulation 14 has been complied with —

(a) where the court is a field general court martial, an oath or affirmation in the appropriate form in the Third Schedule shall be administered to the president and each member of the court in accordance with section 87(3) of the Act; and

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(b) where there is a judge advocate, an oath or affirmation in the appropriate form in the Third Schedule shall be administered by the president of the court to the judge advocate.

(2)  A field general court martial may be sworn or affirmed at one time to try any number of accused then present before it, whether they are to be tried jointly or separately.

(3)  A judge advocate officiating in more than one trial before a court may be sworn or affirmed at one time in the presence of any number of accused whose trials he is officiating in, whether they are to be tried jointly or separately.

Appointment of, and objection to, interpreter or shorthand writer

17.—(1)  The court may, at any time, appoint any competent and impartial person to act as an interpreter or as a shorthand writer at a trial before the court.

(2)  Before any person acts as an interpreter or as a shorthand writer, an oath or affirmation in the appropriate form in the Third Schedule shall be administered to him in the presence of the accused.

(3)  Before any person is sworn or affirmed as an interpreter or as a shorthand writer —

(a) the accused shall be given an opportunity to object to him; and

(b) if the court thinks that the objection is reasonable, that person shall not act as an interpreter or as a shorthand writer.

Form of oath or affirmation

18.—(1)  An oath which is required to be administered under section 87 of the Act or these Regulations shall be administered in the appropriate form in the Third Schedule.

(2)  Subject to paragraph (4), a person taking an oath shall —

(a) place his left hand on the Bible or hold it in his left hand;

(b) raise his right hand; and

(c) say, or repeat after the person administering the oath, the words of the oath.

(3)  Subject to paragraph (4), a person making an affirmation shall —

(a) raise his right hand; and

(b) say, or repeat after the person administering the affirmation, the words of the appropriate form of oath, except that he shall —

(i) substitute the words “solemnly, sincerely and truly declare and affirm” for the word “swear”; and

(ii) omit the words “So help me God”.

(4)  Where a person is physically incapable of taking the oath or making the affirmation in the manner referred to in paragraph (2) or (3), as the case may be, the person shall take the oath or make the affirmation in such manner as is appropriate or expedient in the circumstances.

PART V

ARRAIGNMENT OF ACCUSED

Arraignment of accused

19.—(1)  After —

(a) regulation 14 has been complied with; and

(b) where applicable, regulations 16 and 17 have been complied with,

the accused shall be arraigned by the president or, where there is a judge advocate, the judge advocate.

(2)  Before arraigning the accused, the president or judge advocate, as the case may be, shall explain to the accused —

(a) the general effect of the accused’s plea; and

(b) in particular, the difference in procedure when the accused pleads guilty and when the accused pleads not guilty.

(3)  During the arraignment of the accused —

(a) the charge-sheet shall be read to the accused; and

(b) the president or judge advocate, as the case may be, shall —

(i) explain to the accused the nature of the charge; and

(ii) ask the accused whether he pleads guilty or not guilty to each charge.

(4)  If the accused refuses to plead, he shall be deemed to have pleaded not guilty.

(5)  If there is more than one charge-sheet against the accused before the court, the court shall —

(a) arraign and try the accused upon each charge in the first charge-sheet;

(b) if the accused has pleaded guilty to any charge in the first charge-sheet, proceed in accordance with regulation 26 in relation to that charge; and

(c) announce its finding in relation to each charge in the first charge-sheet,

before it arraigns the accused on any charge in any subsequent charge-sheet.

Objection to jurisdiction of court

20.—(1)  The accused may, before pleading to a charge, object to the court trying him on the charge on the ground that the court does not have jurisdiction to try him on the charge.

(2)  If the accused makes an objection under paragraph (1) —

(a) the accused may adduce evidence in support of the objection and the prosecutor may adduce evidence in answer thereto; and

(b) the prosecutor may address the court in answer to the objection and the accused may reply to the prosecutor’s address.

(3)  If the court decides that it does not have jurisdiction to try the accused on the charge, it shall record the reasons for its decision in the record of proceedings and —

(a) if the charge is the only charge against the accused, the court shall be dissolved; or

(b) if there is any other charge against the accused —

(i) to which the accused makes no objection under paragraph (1); or

(ii) which the court decides it has jurisdiction to try the accused on,

the court shall try the accused on that other charge.

(4)  Where a court is dissolved under paragraph (3) —

(a) if the Director, Legal Services of the Singapore Armed Forces certifies that the reasons for the court’s decision under paragraph (3) apply only to that court, the accused may be tried again by another court;

(b) if the Director, Legal Services of the Singapore Armed Forces certifies that the reasons for the court’s decision under paragraph (3) apply only to certain courts, the accused may be tried again by another court to which those reasons do not apply; or

(c) if the court’s decision under paragraph (3) is reversed by the Military Court of Appeal, the accused may be tried again by that court or another court.

Objection to charge

21.—(1)  The accused may, before pleading to a charge, object to it on the ground that —

(a) it is not correct in law; or

(b) it is not framed in accordance with these Regulations.

(2)  If the accused objects to a charge under paragraph (1) —

(a) the prosecutor may address the court in answer to the objection; and

(b) the accused may reply to the prosecutor’s address.

(3)  Where the accused objects to a charge under paragraph (1), the court may, if it upholds the objection —

(a) alter the charge or frame a new charge in substitution for the charge in accordance with regulation 65;

(b) direct the prosecutor to frame a new charge in substitution for the charge; or

(c) direct that the accused be discharged.

(4)  The court may grant an adjournment of the trial if the court —

(a) alters the charge or frames a new charge in substitution for the charge under paragraph (3)(a); or

(b) directs the prosecutor to frame a new charge in substitution for the charge under paragraph (3)(b).

(5)  A discharge under paragraph (3)(c) shall not amount to an acquittal unless the court so directs.

Objection under section 108 or 111 of Act

22.—(1)  The accused may, before pleading to a charge, object to the court trying him on the charge by reason of section 108 or 111 of the Act.

(2)  If the accused makes an objection under paragraph (1) —

(a) the accused may adduce evidence in support of the objection and the prosecutor may adduce evidence in answer thereto; and

(b) the prosecutor may address the court in answer to the objection and the accused may reply to the prosecutor’s address.

(3)  If the court decides that it cannot try the accused on the charge by reason of section 108 or 111 of the Act, it shall record the reasons for its decision in the record of proceedings and —

(a) if the charge is the only charge against the accused, the court shall be dissolved; or

(b) if there is any other charge against the accused —

(i) to which the accused makes no objection under paragraph (1); or

(ii) which the court decides it is not precluded by section 108 or 111 of the Act from trying the accused on,

the court shall try the accused on that other charge.

Application for separate trial where accused charged jointly

23.—(1)  Where 2 or more accused are charged jointly, or are charged in the same charge-sheet with offences alleged to have been committed by them separately, any of them may, before pleading to the charge or charges, apply to the court to be tried separately on the ground that he would be prejudiced in his defence if he was not tried separately.

(2)  If an accused makes an application under paragraph (1), the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor’s address.

(3)  If the court is of the opinion that the interests of justice so require, it shall allow the application and try separately the accused who made it.

Application by accused to have charges tried separately

24.—(1)  Where a charge-sheet contains more than one charge against an accused, the accused may, before pleading to the charges, apply to the court to be tried separately on any charge in that charge-sheet on the ground that he would be prejudiced in his defence if he was not tried separately on that charge.

(2)  If the accused makes an application under paragraph (1), the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor’s address.

(3)  If the court is of the opinion that the interests of justice so require, it shall allow the application and try the accused separately on the charge to which it relates as if that charge had been inserted in a separate charge-sheet.

Pleas to charge

25.—(1)  After every objection under regulation 20, 21 or 22 or application under regulation 23 or 24 has been dealt with, subject to paragraph (2), the accused shall be required to plead either guilty or not guilty to each charge on which he has been arraigned.

(2)  Where a court —

(a) is empowered by section 90 of the Act to find an accused —

(i) guilty of an offence other than that for which the accused was charged; or

(ii) guilty of committing the offence for which the accused was charged in circumstances involving a lesser degree of punishment; or

(b) may, under regulation 40(3), make a finding that an accused is guilty of the offence charged subject to any exception or variation specified in the finding,

the accused may plead guilty to such other offence, to the offence charged as having been committed in such circumstances or to the offence charged subject to such exception or variation, as the case may be.

PART VI

PROCEDURE ON PLEA OF GUILTY

Acceptance of plea of guilty

26.—(1)  If the accused pleads guilty to a charge, the prosecutor shall inform the court of the facts relating to the charge and the circumstances in which the offence was committed, including facts which show the nature and gravity of the offence and factors affecting mitigation or aggravation.

(2)  A court shall not accept a plea of guilty if —

(a) the court is not satisfied that the accused understands the nature of the charge and the effect of his plea;

(b) the president, having regard to all the circumstances, considers that the accused should plead not guilty; or

(c) the accused is liable if convicted to be sentenced to death.

(3)  The court shall enter a plea of not guilty where —

(a) a plea of guilty is not accepted by the court; or

(b) the accused either refuses to plead to the charge or does not plead to it intelligibly.

(4)  Where a court is satisfied that it can properly accept a plea of guilty in respect of a charge, it shall record a finding of guilty in respect of that charge.

Plea on alternative charge

27.—(1)  Where an accused pleads guilty to the first of 2 or more alternative charges, and the court accepts the accused’s plea of guilty —

(a) the court shall record a finding of guilty in respect of the first charge; and

(b) the prosecutor shall withdraw any alternative charge before the accused is arraigned on it.

(2)  Where an accused pleads guilty to any of 2 or more alternative charges other than the first such charge —

(a) the court may —

(i) proceed as if the accused had pleaded not guilty to all the charges; or

(ii) with the concurrence of the prosecutor, record —

(A) a finding of guilty in respect of the charge to which the accused has pleaded guilty; and

(B) a finding of not guilty in respect of any alternative charge which is placed before it in the charge-sheet; and

(b) if the court records any finding under sub-paragraph (a)(ii), the prosecutor shall withdraw any alternative charge not referred to in that sub-paragraph before the accused is arraigned on it.

Procedure on finding of guilty after plea of guilty

28.  Subject to regulation 29, where the court has recorded a finding of guilty in respect of a charge to which the accused pleaded guilty, the court shall proceed in accordance with regulation 44.

Order of trial involving pleas of guilty and not guilty

29.  Where the court has recorded a finding of guilty in respect of a charge to which the accused has pleaded guilty, if there is —

(a) any other charge in the charge-sheet to which the accused has pleaded not guilty; or

(b) any other accused who has pleaded not guilty to a charge in that charge-sheet,

the court shall not proceed in accordance with regulation 44 until after it has dealt with the other charge or tried the other accused and has announced and recorded its finding in respect thereof.

 

Made this 1st day of November 2004.

LEE YUEN HEE

Secretary,
Armed Forces Council,
Singapore.

[MINDEF 4-4/26-5-1/LT; AG/LEG/SL/295/2002/1 Vol. 5]

(To be presented to Parliament under section 207 of the Singapore Armed Forces Act).