On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/08/2012.
75.
—(1) The Armed Forces Council may, upon the advice of the Director, Legal Services of the Singapore Armed Forces —
(a)
quash any finding, sentence, order of dismissal of a charge or award of compensation of a disciplinary officer;
(b)
substitute any new finding for any finding of guilty made by a disciplinary officer that is illegal or cannot be supported by the evidence if the new finding could validly have been made by the disciplinary officer on the charge and if it appears that the disciplinary officer was satisfied of the facts establishing the offence specified or involved in the new finding;
(c)
substitute another punishment or a lesser punishment where the sentence of a disciplinary officer is invalid or unduly excessive but so that the punishment substituted shall not in any event be greater or more severe than that awarded by the disciplinary officer.
(2) Any substituted finding or sentence under subsection (1) shall be treated for all purposes as a finding or sentence of the disciplinary officer.
(3) In the case where servicemen are serving outside Singapore, the powers under subsection (1) shall be exercised —
(a)
in relation to any finding, sentence, order of dismissal of a charge or award of compensation of a Service Chief or the Chief of Defence Force, by the Armed Forces Council, except that where the person for the time being holding the appointment of a Service Chief or the Chief of Defence Force is the person who made the finding, sentence, order or award, he shall not sit as a member of the Armed Forces Council for the purposes of this paragraph; and
(b)
in any other case, by an officer or a senior military expert appointed by the Armed Forces Council.
[1/94; 10/2000]
[28/2009 wef 01/04/2010]
(4) Where the Armed Forces Council has in any case quashed the finding, sentence, order of dismissal of a charge or award of compensation of a disciplinary officer under subsection (1)(a), the Council may —
(a)
refer the case to be retried —
(i)
where the disciplinary officer is a Service Chief, by the Service Chief or, if the Council is of the opinion that the case should not be retried by the Service Chief, any other Service Chief or the Chief of Defence Force;
(ii)
where the disciplinary officer is the Chief of Defence Force, by the Chief of Defence Force or, if the Council is of the opinion that the case should not be retried by the Chief of Defence Force, by a Senior Disciplinary Committee; and
(iii)
in any other case, by the same or another disciplinary officer; or
(b)
if the Council is of the opinion that the case should be retried by a subordinate military court, refer the charge to the Director, Legal Services of the Singapore Armed Forces.
[1/94; 10/2000]
(5) The Armed Forces Council may at any time suspend the execution of any sentence passed by a disciplinary officer for such period as the Council thinks fit.
[20/75]