Clause 162

Where a person who is brought before a civil court is alleged to be a serviceman who has deserted or is absent without leave, subsections (2), (3) and (4) of this section shall have effect.

If he admits that he is illegally absent from the Singapore Armed Forces and the court is satisfied of the truth of the admission, then notwithstanding that he is in custody for some other cause, the court may forthwith cause him to be delivered into military custody in such manner as the court may think fit.

If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and if satisfied that he is subject to military law and if of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave then, unless he is in custody for some other cause, the court shall cause him to be delivered into military custody, but otherwise shall discharge him.

If the accused is in custody for some other cause the court shall have power, but shall not be required, to act in accordance with subsection (3) of this section.