On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/08/2012.
168.
—(1) Where a person who is brought before a civil court is alleged to be a serviceman who has deserted, is absent without leave or has failed to comply with an order under section 109(1A), subsections (2), (3) and (4) shall have effect.
[16/2001 wef 15/05/2001]
(2) If he admits that he is illegally absent from the Singapore Armed Forces or has failed to comply with an order under section 109(1A) and the civil court is satisfied of the truth of the admission, then notwithstanding that he is in custody for some other cause, the court may forthwith cause him to be delivered into military custody in such manner as the court may think fit.
[16/2001 wef 15/05/2001]
(3) If he does not admit that he is illegally absent, or has failed to comply with an order under section 109(1A), as mentioned in subsection (2), or the civil court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and if —
(a)
satisfied that he is subject to military law; and
(b)
of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion, absence without leave or failure to comply with a lawful order under section 109(1A),
then, unless he is in custody for some other cause, the court shall cause him to be delivered into military custody, but otherwise shall discharge him.
[16/2001 wef 15/05/2001]
(4) If the accused is in custody for some other cause, the civil court shall have power, but shall not be required, to act in accordance with subsection (3).