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Contents

Long Title

Part I PRELIMINARY

Part II ORGANISATION OF SINGAPORE ARMED FORCES

Part III MILITARY OFFENCES

Part IV SUMMARY TRIAL BY DISCIPLINARY OFFICERS

Part V TRIAL BY SUBORDINATE MILITARY COURTS

Supplementary provisions as to trial

Review of findings and sentences of subordinate military courts

Part VI PUNISHMENTS OF MILITARY OFFENCES AND EXECUTION OF SENTENCES

Punishments

Execution of sentences

Part VII MILITARY COURT OF APPEAL

General provisions

Powers of Military Court of Appeal

Supplementary provisions

Part VIII ARRESTS, SEARCHES AND INVESTIGATIONS

Arrests

Searches

Investigations

Part IX BAIL AND BONDS

Part X BOARDS OF INQUIRY

Part XI PAY

Part XII EMERGENCY POWERS

Part XIIA AID TO CIVILIAN AUTHORITIES

Part XIII MISCELLANEOUS

THE SCHEDULE Specified offences

Legislative History

Comparative Table

 
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On 16/09/2014, you requested the version in force on 16/09/2014 incorporating all amendments published on or before 16/09/2014. The closest version currently available is that of 01/07/2014.
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Challenges by accused
88.
—(1)  The accused or, where there is more than one accused, each of the accused about to be tried by a subordinate military court may object, for any reasonable cause, to —
(a)
the president of the court, except a president who is a Judge of the Supreme Court; and
(b)
in the case of a panel court martial or a field general court martial, any other member of the court,
whether appointed to serve on the court originally or to fill a vacancy, so that the court may be constituted by a president or of members to whom the accused makes no reasonable objection.
(2)  In the case of a panel court martial or a field general court martial, every objection made by an accused to any member, including the president, shall be submitted to the other members appointed to form the court and —
(a)
if the majority of the members entitled to vote decide that there is reasonable cause for the objection, the court shall allow the objection and the member objected to shall retire; or
(b)
if the majority of the members entitled to vote decide that there is no reasonable cause for the objection, the court shall dismiss the objection and record the reasons for its decision in the record of proceedings, and shall also furnish such reasons to the convening authority if required to do so.
(3)  Any vacancy resulting from the retirement of a member under subsection (2)(a) may be filled by another member who shall be —
(a)
in the case of a panel court martial, a member of the general courts martial panel who is eligible for the appointment, and who is designated by the convening authority to fill the vacancy; or
(b)
in the case of a field general court martial, an officer or a senior military expert who is eligible for the appointment, and who is appointed by the convening officer to fill the vacancy,
subject to the same right of the accused to object.
[28/2009 wef 01/04/2010]
(4)  In the case of a judge court martial, if an accused objects to the president, the president shall determine whether there is any reasonable cause for the objection, and —
(a)
if the president decides that there is reasonable cause for the objection —
(i)
the president shall allow the objection and the court shall be dissolved; and
(ii)
the convening authority shall designate another member of the general courts martial panel who is eligible for the appointment to be the president of another judge court martial convened to try the accused, subject to the same right of the accused to object; or
(b)
if the president decides that there is no reasonable cause for the objection, the president shall —
(i)
dismiss the objection and record the reasons for his decision in the record of proceedings; and
(ii)
furnish such reasons to the convening authority if required to do so.
(5)  In order to enable an accused to avail himself of his privilege of objecting to the president of a judge court martial or the members of a panel court martial or field general court martial —
(a)
the name of each person constituting the court shall be read over in the hearing of the accused when the court first assembles and, in the case of a field general court martial, before the members of the court take their oaths or affirmations;
(b)
the accused shall be asked whether he objects to that person; and
(c)
a like question shall be repeated in respect of any person who —
(i)
is designated or appointed to fill a vacancy under subsection (3) or section 89(1)(b) or (c), (2) or (3); or
(ii)
is designated to be the president of a judge court martial under subsection (4)(a)(ii) or section 89(1)(a).
(6)  Where a judge court martial is dissolved under subsection (4)(a)(i), the accused may be tried again by another judge court martial.
(7)  Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (3)(a) or (4)(a)(ii), the registrar or person shall be entitled to exercise those powers and perform those duties.
[17/2004 wef 31/12/2004]