Singapore legislation

Clause 108

Trial of civil offences

(1)

Subject to subsection (2) of this section, every person subject to military law who commits any of the following offences, that is to say: —

(a)

any offence under sections 121 and 121A of the Penal Code (Cap. 103);

(b)

murder;

(c)

culpable homicide not amounting to murder;

(d)

rape;

(e)

any other offence which when committed in Singapore is punishable by the law of Singapore,shall, if charged under this section with any such offence, be liable to be tried by a subordinate military court and on conviction to be punished as follows: —

(i)

if he is convicted of any offence under sections 121 and 121A of the Penal Code, be liable to suffer death, or any less punishment authorised by this Act;

(ii)

if he is convicted of murder, be liable to suffer death;

(iii)

if he is convicted of culpable homicide not amounting to murder, be liable to suffer imprisonment, or any less punishment authorised by this Act;

(iv)

if he is convicted of rape, be liable to suffer imprisonment or any less punishment authorised by this Act; or

(v)

if he is convicted of any other offence, which when committed in Singapore is punishable by the law of Singapore, be liable, whether the offence is committed in Singapore or elsewhere, either to suffer such punishment as might be awarded to him under this Act in respect of an act, conduct or neglect to the prejudice of good order or discipline or to suffer any punishment that may be awarded for such offence by the law of Singapore.

(2)

A person subject to military law shall not be tried by a subordinate military court for any offence under sections 121 and 121A of the Penal Code (Cap. 103) or for murder, or for culpable homicide not amounting to murder or rape, unless such person at the time he committed the offence was on active service.

(3)

Notwithstanding anything in this section, the Attorney-General may, on his own motion, if he thinks it expedient for the ends of justice or on the application of the person appointed under paragraph (a) of subsection (5) of section 80 of this Act, at any time before the finding is pronounced order that a person subject to military law who is charged with a civil offence under this section shall not be tried by a subordinate military court.

(4)

Upon an order being made under subsection (3) of this section the case shall be transferred to and shall be tried by a civil court.

Read in full context — Singapore Armed Forces Bill →