Singapore legislation
Clause 64
Clause 64
Power to suspend sentences
(1)
Where a soldier is sentenced to imprisonment or detention, the confirming authority to whom the sentence is submitted for confirmation may, when confirming the sentence, direct that the soldier be not committed to prison or detention barracks until the orders of a superior military authority have been obtained.
(2)
A superior military authority may in the case of any soldier so sentenced —
direct that a committal to prison or detention barracks shall not be issued until his orders have been obtained;
suspend the sentence whether or not the soldier has already been committed to prison or detention barracks.
(3)
Where a sentence of imprisonment or detention is suspended under this section before the soldier has been committed to prison or detention barracks, the soldier if in custody shall be released, and, notwithstanding anything in this Act, the sentence shall not begin to run until the soldier is ordered to be committed to prison or detention barracks under that sentence.
(4)
Where a sentence of imprisonment or detention is suspended under this section after the soldier has been committed to prison or detention barracks, he shall be released and the currency of the sentence shall be suspended from the day on which he is released until he is again ordered to be committed to prison or detention barracks under the same sentence.
(5)
Where a sentence has been suspended under this section, the case may at any time, and shall, at intervals of not more than three months, be reconsidered by a competent military authority, and, if on any such reconsideration it appears to the competent military authority that the conduct of the soldier since his conviction has been such as to justify a remission of the sentence, he shall remit it.
(6)
A superior military authority may, at any time whilst a sentence is suspended under this section, order that the soldier be committed to prison or detention barracks, and from the date of such order the sentence shall cease to be suspended.
(7)
Where a soldier whilst a sentence on him is so suspended is sentenced to imprisonment or detention for a fresh offence, a superior military authority may direct that the two sentences shall either run concurrently or consecutively:Provided that —
where the sentence for the fresh offence is a sentence of imprisonment for a term exceeding two years, then, whether or not that sentence is suspended, any previous sentence which has been suspended, being a sentence of imprisonment for a term not exceeding two years or of detention shall be avoided;
the aggregate term of imprisonment or detention to be served under two or more sentences of imprisonment for a term of two years or less or of detention shall not exceed two consecutive years.
(8)
The powers conferred by this section shall be in addition to and not in derogation of any other powers as to the mitigation, remission, commutation or suspension of sentences conferred by this Act.
(9)
In this section —
Definition
“superior military authority” means the Army Board and any general or brigadier whom the Army Board may appoint for the purpose, or the officer in chief command of any force employed on active service out of Singapore, and any general officer or brigadier whom he may appoint for that purpose;
Definition
“competent military authority” means a superior military authority, or any general or other officer not below the rank of field officer duly authorised by a superior military authority.