Singapore legislation
Section 168
Section 168
Proceedings before a civil court where persons suspected of illegal absence
(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(2), subsections (2), (3) and (4) have effect.
(2)
If the person admits that he or she is illegally absent from the Singapore Armed Forces or has failed to comply with an order under section 109(2) and the civil court is satisfied of the truth of the admission, then even though he or she is in custody for some other cause, the court may forthwith cause the person to be delivered into military custody in such manner as the court may think fit.
(3)
If the accused does not admit that he or she is illegally absent, or has failed to comply with an order under section 109(2), as mentioned in subsection (2), or the civil court is not satisfied of the truth of the admission, the court is to consider the evidence and any statement of the accused, and if —
satisfied that the accused is subject to military law; and
of the opinion that there is sufficient evidence to justify the accused being tried under this Act for an offence of desertion, absence without leave or failure to comply with a lawful order under section 109(2),then, unless the accused is in custody for some other cause, the court is to cause him or her to be delivered into military custody, but otherwise is to discharge him or her.
(4)
If the accused is in custody for some other cause, the civil court has power, but is not required, to act in accordance with subsection (3).