—(1) There shall be established a Military Court of Appeal which shall be a superior court of record and shall consist of —
a president who shall be, or is a person qualified to be, a Judge of the Supreme Court appointed by the Chief Justice; and
4 other members 2 of whom shall be qualified persons of at least 5 years standing and 2 of whom shall be officers of or above the rank of captain or senior military experts.
[28/2009 wef 01/04/2010]
(2) The 2 members of the Military Court of Appeal who are qualified persons shall be appointed by the Armed Forces Council from a panel of qualified persons and the 2 members who are officers or senior military experts shall be selected by the Armed Forces Council from a panel of officers and senior military experts.
[28/2009 wef 01/04/2010]
(3) Notwithstanding subsections (1) and (2), where an appeal is made to the Military Court of Appeal in a case of murder or culpable homicide not amounting to murder or an offence under section 121 or 121A of the Penal Code (Cap. 224), the Court shall consist of a president and 2 other members all of whom shall be Judges of the Supreme Court appointed by the Chief Justice.
(4) There may be paid to the qualified persons appointed under subsection (2) such remuneration and allowances as the Armed Forces Council may determine.
(5) The Military Court of Appeal shall have jurisdiction to hear and determine any appeal by a person convicted by a subordinate military court subject nevertheless to the provisions of this Part regulating the terms and conditions upon which such appeals may be brought.
(6) The Military Court of Appeal shall for the purposes of the provisions of this Act have full power to determine, in accordance with this Act, any question necessary to be determined for the purpose of doing justice in any case before the Court and may issue any warrants necessary for enforcing its orders or sentences.
(7) The determination of any question before a Military Court of Appeal shall be according to the opinion of the majority of the members of the Court hearing the case.
(8) An appeal by a person convicted by a subordinate military court shall be either against the conviction or against sentence or against both except that where an accused person has pleaded guilty and has been convicted on such plea by a subordinate military court there shall be no appeal except as to the extent or legality of the sentence.
(9) An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.
(10) An appeal against an acquittal by a subordinate military court or a sentence of a subordinate military court which is manifestly inadequate may be made by the Director, Legal Services of the Singapore Armed Forces.