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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 23/07/2014, you requested the version in force on 23/07/2014 incorporating all amendments published on or before 23/07/2014. The closest version currently available is that of 01/07/2014.
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Constitution and jurisdiction of general court martial
81.
—(1)  The general courts martial shall consist of the following courts:
(a)
judge courts martial; and
(b)
panel courts martial.
(2)  Every general court martial shall be constituted —
(a)
by the convening authority; and
(b)
subject to subsection (7), from the members of the general courts martial panel.
(3)  A judge court martial shall consist of a president, who shall be a qualified person and, subject to subsection (6)(a), an officer of or above the rank of major or a senior military expert of or above the rank of ME5.
[28/2009 wef 01/04/2010]
(4)  A panel court martial shall consist of the following members:
(a)
a president who, subject to subsections (6)(b) and (7), shall be an officer of or above the rank of major or a senior military expert of or above the rank of ME5; and
(b)
subject to subsections (5) and (6)(c), 2 or any greater even number of other members —
(i)
each of whom shall be an officer or a senior military expert; and
(ii)
at least one of whom shall be an officer of or above the rank of captain or a senior military expert.
[28/2009 wef 01/04/2010]
(5)  Where a panel court martial is constituted for the trial of a non-uniformed serviceman, the members referred to in subsection (4)(b) may include, in place of the corresponding number of officers or senior military experts, not more than 2 non-uniformed servicemen in officer grades.
[28/2009 wef 01/04/2010]
(6)  Where the accused is of or above the rank of lieutenant-colonel or ME6 —
(a)
the president of any judge court martial constituted for the trial of the accused shall be an officer, or a senior military expert, who is equivalent or superior in rank to the accused;
(b)
subject to subsection (7), the president of any panel court martial constituted for the trial of the accused shall be an officer, or a senior military expert, who is equivalent or superior in rank to the accused; and
(c)
if a panel court martial is constituted for the trial of the accused, at least 2 of the members under subsection (4)(b) shall be of or above the rank of lieutenant-colonel or ME6.
[28/2009 wef 01/04/2010]
(7)  Where the accused is charged with —
(a)
murder or culpable homicide not amounting to murder;
(b)
an offence under section 121 or 121A of the Penal Code (Cap. 224); or
(c)
any other offence for which the punishment of death is authorised under any written law,
and the charge is to be tried by a general court martial, the accused shall be tried before a panel court martial and the president of the panel court martial shall be a Judge of the Supreme Court appointed by the Chief Justice.
(8)  Where none of the members of a panel court martial is a qualified person, a judge advocate designated by the convening authority shall officiate in any trial before that court in accordance with regulations of procedure made under section 93.
(9)  Subject to subsection (7), every general court martial shall have jurisdiction to try any person subject to military law for any offence under this Act and to award for any such offence any punishment authorised by this Act.
(10)  Unless the Director, Legal Services of the Singapore Armed Forces directs otherwise, where a charge is to be tried by a general court martial, the charge shall be tried by a panel court martial.
(11)  Subject to subsection (7), where, before the commencement of any trial before a general court martial —
(a)
the president or any member of the court dies; or
(b)
the convening authority ascertains that the president or any member of the court —
(i)
is unable to attend; or
(ii)
is not eligible to serve in that court,
the convening authority may designate another person from the general courts martial panel to fill the vacancy.
(12)  Subject to subsection (13), any question as to —
(a)
the guilt of the accused; or
(b)
the sentence to be imposed on the accused,
shall be decided by a panel court martial in accordance with the opinion of the majority of the members of that court.
(13)  Where the accused is charged with any offence for which the punishment of death is authorised under any written law —
(a)
the accused shall not be convicted of that offence unless the members of the panel court martial reach a unanimous decision that the accused is guilty of that offence; and
(b)
if the members of that court fail to reach a unanimous decision, the accused may, if the members of that court by majority decision agree, be convicted of any lesser offence authorised by this Act.
(14)  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 (2), (8) or (11), the registrar or person shall be entitled to exercise those powers and perform those duties.
[17/2004 wef 31/12/2004]