Singapore legislation
Clause 61
Clause 61
Confirmation, revision and approval of sentences
(1)
The following authorities shall have power to confirm the findings and sentences of courts-martial —
in the case of a general court-martial, the President or some officer deriving authority to confirm the findings and sentences of general courts-martial from the President;
in the case of a district court-martial, an officer authorised to convene general courts-martial, or some officer deriving authority to confirm the findings and sentences of district courts-martial from an officer authorised to convene general courts-martial;
in the case of a field general court-martial, an officer authorised to confirm the findings and sentences of general courts-martial for the trial of offences in the force of which the detachment or portion of troops under the command of the convening officer forms part, or, where the offence was committed on active service, any such officer as may under the rules made in pursuance of this Act be authorised to confirm the findings and sentences of the field general court-martial awarding the sentence:Provided that a sentence of death or of imprisonment for a term exceeding two years awarded by a field general court-martial shall not be carried into effect, unless it has been confirmed by the officer, not being below the rank of field officer, commanding the force with which the person under sentence is present at the date of his sentence.
(2)
The authority having power to confirm the finding and sentence of a court-martial may send back such finding and sentence, or either of them, for revision once, but not more than once, and it shall not be lawful for the court on any revision to receive any additional evidence; and where the finding only is sent back for revision, the court shall have power without any direction to revise the sentence also. In no case shall the authority recommend the increase of a sentence, nor shall the court-martial on the revision of the sentence, either in obedience to the recommendation of an authority, or for any other reason, have the power to increase the sentence awarded.
(3)
The finding of acquittal, whether on all or some of the offences with which the accused is charged, shall not require confirmation or be subject to be revised, and shall be pronounced at once in open court, and if it relates to the whole of the offences the accused shall be released.
(4)
A member of a court-martial shall not have authority to confirm the finding or sentence of that court-martial, and where a member of a court-martial becomes confirming officer he shall refer the finding and sentence of the court-martial to a superior authority competent to confirm the findings and sentences of the like description of courts-martial, and that authority shall, for the purposes of this Act, be deemed to be in that instance the confirming authority:Provided that where a member of a field general court-martial trying an accused would but for his being a member of the court have power to confirm the finding and sentence of the court, and is of opinion that it is not practicable, having due regard to the service, to delay the case for the purpose of referring it to any other officer, he may confirm the finding and sentence.
(5)
An officer having authority to confirm the finding and sentence of a court-martial may withhold his confirmation wholly or partly, and refer such finding and sentence or the part not confirmed to any superior authority competent to confirm the findings and sentence of the like description of courts-martial, and that authority shall, for the purposes of this Act, be deemed to be in that instance and to the extent of such reference the confirming authority.
(6)
Subject to the provisions of this Act with respect to the finding of acquittal, the finding and sentence of a court-martial shall not be valid except in so far as the same may be confirmed by an authority authorised to confirm the same.
(7)
When a person subject to military law is convicted of culpable homicide not amounting to murder, or rape, or any other civil offence under section 46, and is sentenced to imprisonment for a term exceeding two years, such sentence shall not be carried into execution unless confirmed as required by this Act.