Singapore legislation
Clause 53
Clause 53
Power to deal summarily with charges against officers and warrant officers
(1)
A charge against an officer below the rank of field officer or against a warrant officer referred for that purpose or for trial by court-martial may be dealt with summarily by any general officer or brigadier.
(2)
The authority having power to deal summarily with the case may, with or without hearing the evidence, dismiss the charge, if he in his discretion thinks that it ought not to be proceeded with, or, where he thinks the charge ought to be proceeded with, take steps for bringing the offender to a court-martial, or may, after hearing the evidence, or, if the accused consents thereto in writing, after reading a summary or abstract of the evidence, deal with the case summarily by awarding one or more of the following punishments: —
forfeiture 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 the purposes of promotion;
severe reprimand or reprimand;
any deduction authorised by this Act to be made from his ordinary pay;and in the case of a warrant officer one or more of the following punishments: —
forfeiture in the prescribed manner of seniority of rank;
severe reprimand or reprimand;
any deduction authorised by this Act to be made from his ordinary pay.
(3)
Where the authority having power to deal summarily with the case considers that he may so deal with the case, he shall, unless he awards a severe reprimand, or a reprimand, in every case ask the accused whether he desires to be dealt with summarily or to be tried by a court-martial, and if the accused elects to be tried by a court-martial, take steps for bringing him to trial by a court-martial, but otherwise he shall proceed to deal with the case summarily.
(4)
In every case where an authority has power to dispose of a case summarily, and decides so to do, the accused may demand that the evidence against him be taken on oath, and the same oath or solemn declaration as that required to be taken by witnesses before a court-martial shall be administered to each witness in such case.
(5)
An offender shall not be liable to be tried by court-martial where the charge has been dismissed or the offence has been dealt with summarily under this section, and shall not be liable to be punished under this section for any offence of which he has been acquitted or convicted by a competent civil court or by a court-martial.