Singapore legislation

Clause 75

of Singapore Armed Forces Bill

Clause 75

Right of accused to elect for trial by a subordinate military court

(1)

Notwithstanding the provisions in this Part but subject to this section, a disciplinary officer who has proceeded to deal with a case summarily and is satisfied on the evidence as to the accused’s guilt shall, before proceeding to conviction and punishment, other than a reprimand or minor punishment, afford the accused an opportunity of electing to be tried by a subordinate military court and if the accused so elects the disciplinary officer shall forward the charge-sheet, record of the evidence and such other particulars as may be prescribed to the person appointed under paragraph (a) of subsection (5) of section 80 of this Act who may —

(a)

direct that a charge be submitted to the convening authority; or

(b)

with the approval of the Armed Forces Council, direct that no action be taken against the accused either by way of summary trial or by a subordinate military court.

(2)

Where under subsection (1) of this section the disciplinary officer considers that in the circumstances of the case a proper punishment for the offence would be a reprimand or a minor punishment he may proceed to the conviction of the accused without giving him an opportunity of electing to be tried by a subordinate military court.