Singapore legislation

Clause 50

of Singapore Army Bill

Clause 50

Punishments by courts-martial

(1)

in the case of officers, as follows: —

(a)

death;

(b)

imprisonment;

(c)

cashiering;

(d)

dismissal from the Singapore armed forces;

(e)

forfeiture in the prescribed manner of seniority of rank either in the army or in the corps to which the offender belongs, or in both; or, in the case of an officer whose promotion depends upon length of service, forfeiture of all or any part of his service for purposes of promotion;

(f)

severe reprimand or reprimand;

(g)

forfeitures, fines and stoppages; and

(2)

in the case of soldiers, as follows: —

(a)

death;

(b)

imprisonment;

(c)

detention for a term not exceeding two years;

(d)

discharge with ignominy from the Singapore armed forces;

(e)

in the case of a non-commissioned officer, reduction to the ranks or to a lower grade, or forfeiture, in the prescribed manner, of seniority of rank;

(f)

in the case of a non-commissioned officer, severe reprimand or reprimand;

(g)

forfeitures, fines and stoppages:Provided that —

(i)

where in respect of any offence under this Act there is specified a particular punishment, or such less punishment as is in this Act mentioned, there may be awarded in respect of that offence, instead of such particular punishment (but subject to the other provisions of this Act as to punishments, and regard being had to the nature and degree of the offence) any one punishment lower in the above scales than the particular punishments;

(ii)

for the purposes of commutation and revision of punishment, detention shall not be deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment;

(iii)

an offender under this Act shall not be subject to imprisonment for more than two consecutive years under one or more sentences for offences under the provisions of this Act which expressly specify a maximum term of imprisonment therefor, and in no event shall an offender under this Act be subject to detention for more than two consecutive years;

(iv)

an officer shall be sentenced to be cashiered before he is sentenced to imprisonment;

(v)

the President, through the recommendation of the Army Council, may restore the whole or any part of any lost seniority or forfeited service in the case of an officer who may perform good and faithful service, or who may otherwise be deemed by the President to merit such restoration;

(vi)

an officer or a non-commissioned officer when sentenced to forfeiture of seniority of rank, and an officer when sentenced to forfeiture of all or any part of his service for the purposes of promotion, may also be sentenced to be severely reprimanded or reprimanded;

(vii)

a soldier when sentenced to imprisonment may, in addition thereto, be sentenced to be discharged with ignominy from the Singapore armed forces;

(viii)

where a soldier on active service is guilty of any offence, it shall be lawful for a court-martial to award for that offence such field punishment, other than flogging or attachment to a fixed object, as may be prescribed, and such field punishment shall be of the character of personal restraint or of any labour or employment to which the soldier could be subjected under a sentence of imprisonment, but shall not be of a nature to cause injury to life or limb;

(ix)

in addition to or in lieu of any other punishment in respect of an offence committed by a soldier on active service, it shall be lawful for a court-martial to order that the offender forfeit all ordinary pay for a period commencing on the day of the sentence and not exceeding three months;

(x)

for the purpose of commutation of punishment the field punishment mentioned in paragraph (viii) shall be deemed to be a lesser punishment than detention;

(xi)

in addition to or in lieu of any other punishment in respect of any offence, an offender convicted by court-martial may be subject to forfeiture of any deferred pay, service towards pension, military decoration or military reward, in such manner as may for the time being be provided by regulations made under this Act;

(xii)

in addition to or in lieu of any other punishment in respect of any offence, an offender may be sentenced by court-martial to any deduction authorised by this Act to be made from his ordinary pay;

(xiii)

no officer or non-commissioned officer shall, under or by virtue of any power or authority derived from any foreign potentate or ruler, inflict or cause to be inflicted on any person subject to military law under this Act, for or in respect of any offence against such law, any punishment not authorised by this Act.