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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 22/11/2014, you requested the version in force on 22/11/2014 incorporating all amendments published on or before 22/11/2014. The closest version currently available is that of 01/07/2014.
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Scale of punishments, etc.
118.
—(1)  The punishments which may be awarded by sentence of a subordinate military court under this Act are, subject to section 112(1) and to this section —
(a)
death;
(b)
imprisonment;
(c)
discharge with ignominy;
(d)
dismissal;
(e)
special detention for a term not exceeding 3 months in a disciplinary barrack;
(f)
detention for a term not exceeding 2 years;
(g)
reduction in rank, except that —
(i)
an officer shall not be reduced below the rank of second lieutenant;
(ii)
a warrant officer shall not be reduced below —
(A)
the rank of third warrant officer, if he was appointed as a warrant officer on or after the date of commencement of section 30(a) of the Singapore Armed Forces (Amendment) Act 2009; or
(B)
the rank of second warrant officer, if he was appointed as a warrant officer before that date; and
(iii)
a senior military expert shall not be reduced below the rank of ME4;
[28/2009 wef 01/04/2010]
(h)
forfeiture of seniority of rank and forfeiture of all or any part of his service for purposes of promotion;
(i)
a fine;
(j)
in the case of an offence which has occasioned any expense, loss or damage, deduction of pay;
(k)
reprimand;
(l)
such minor punishments as may from time to time be authorised by the Armed Forces Council in regulations made under this Act,
and references in this Act to any punishment provided by this Act are, subject to the limitation imposed in any particular case by the addition of the word “less” are references to any one or more of the punishments.
[20/75; 17/78; 1/94]
(2)  For the purposes of this Part, a punishment specified in a paragraph in subsection (1) shall be treated as less than the punishments specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following that paragraph.
(3)  A person sentenced to death by a subordinate military court shall also be sentenced to discharge with ignominy.
(4)  An officer, a warrant officer or a military expert of or above the rank of ME3 who is sentenced by a subordinate military court to imprisonment or special detention in a disciplinary barrack or detention shall also be sentenced to discharge with ignominy but, if the subordinate military court fails to give effect to this subsection, the sentence shall not be invalid but shall be deemed to include a sentence of discharge with ignominy from the Singapore Armed Forces.
[20/75; 1/94]
[28/2009 wef 01/04/2010]
(4A)  A soldier (other than a warrant officer or a military expert of the rank of ME3) or a non-uniformed serviceman who is sentenced by a subordinate military court to imprisonment or special detention in a disciplinary barrack or detention may also be sentenced to discharge with ignominy.
[1/94]
[28/2009 wef 01/04/2010]
(5)  A discharge with ignominy under this section shall not affect the liability of any person to perform national service under the Enlistment Act (Cap. 93).
[20/75]
(6)  Subject to section 112(1), the amount of a fine that may be awarded shall not exceed —
(a)
in the case of officers and senior military experts, a sum of $10,000; and
(b)
in the case of soldiers and non-uniformed servicemen, a sum of $5,000,
and any such fine may, if the court orders, be paid by instalment to be deducted from the offender’s pay.
[17/78; 1/91]
[6/2006 wef 21/02/2006]
[28/2009 wef 01/04/2010]
(7)  The Armed Forces Council may restore the whole or any part of any lost seniority or forfeited service in the case of a person subject to military law who has performed good and faithful service, or who may otherwise be deemed by the Armed Forces Council to merit such restoration.
(8)  A person subject to military law when sentenced to forfeiture of seniority of rank, and a person subject to military law when sentenced to forfeiture of all or any part of his service for the purposes of promotion, may also be sentenced to a reprimand.
(9)  Where a person subject to military law on active service is guilty of any offence, it shall be lawful for a subordinate military court to award for that offence such field punishment, as may be prescribed in regulations made under this Act, and such field punishment may include confinement in such manner or place as may be so provided or such labour or employment as a person subject to military law could be subjected if he were serving a sentence of imprisonment.
(10)  In addition to or in lieu of any other punishment in respect of an offence committed by a person subject to military law on active service, it shall be lawful for a subordinate military court to order that the offender forfeits all ordinary pay for a period not exceeding 3 months commencing from the date on which the sentence is awarded.
(11)  For the purpose of commutation of punishment, the field punishment mentioned in subsection (9) shall be deemed to be a less punishment than detention.
(12)  In addition to or in lieu of any other punishment in respect of any offence, an offender convicted by a subordinate military court may be subject to forfeiture of any military decoration or military award.
(13)  In addition to any of the punishments under subsection (1), a subordinate military court may order an accused person to pay to the party who sustained damage or loss through the offence compensation not exceeding $1,000.
(14)  Nothing in subsection (13) shall prejudice the right of any person to a civil remedy for the recovery of damages beyond the amount of compensation ordered.
(15)  In addition to or in lieu of any other punishment, where a person has been convicted of an offence under sections 17, 19, 21, 22, 23 and 47, a subordinate military court may sentence him to caning not exceeding 12 strokes but such sentence shall not be carried into effect unless confirmed by the Armed Forces Council.
[20/75]
(16)  Notwithstanding anything in this Act where an operationally ready national serviceman has been convicted of an offence under section 17, 19, 25 or 26, the subordinate military court, if it is satisfied on the facts of the particular offence that the operationally ready national serviceman by his behaviour, conduct or deportment has shown himself during the period of operationally ready national service referred to in section 14(1)(b) of the Enlistment Act (Cap. 93) that he is not responsive or amenable to military discipline, may, in lieu of awarding the punishment prescribed by the section upon which he has been convicted or any less punishment authorised by this Act, require the operationally ready national serviceman, in addition to his liability under section 14 of the Enlistment Act, to serve for such further period or periods of operationally ready national service not exceeding 12 months in the aggregate as the court may, in the circumstances of each particular case, decide.
[20/75; 20/94]
(17)  The subordinate military court shall award the punishment referred to in subsection (16) only where it is satisfied that the operationally ready national serviceman is fit for operationally ready national service and considers that it is in the best interests of the Singapore Armed Forces that the operationally ready national serviceman should render a further period of operationally ready national service.
[20/94]
(18)  For the purposes of this Part, the punishment specified in subsection (16) shall be treated as a less punishment than that specified in subsection (1)(e) and shall be treated as a sentence imposed by a subordinate military court for purposes of review and appeal under this Act.