Clause 81

Where an offence punishable under this Act has been committed by any person subject to military law who belongs to a unit or part of a unit of the Singapore Armed Forces which is, at the time of the commission of the offence, engaged on active service it shall be lawful for a commander (hereinafter called “the convening officer”), if it is not practicable for a general court martial to be convened, to convene a field general court martial.

Every field general court martial may try any person subject to military law for any offence under this Act and may award for such offence any punishment that a general court martial is competent to award for such offence.

Every field general court martial shall consist of not less than three members who shall be officers or any other uneven number of members and the member who is most senior in rank shall preside.

The convening officer may preside over a field general court martial but shall, whenever it is practicable, appoint another officer as president of the court who shall not be below the rank of captain.

Whenever it is practicable, the rank of each member of the field general court martial shall be of a rank above that of the accused.

The convening officer shall appoint any serviceman to perform the functions of a registrar of the court.

The determination of any question before a field general court martial shall be according to the majority of the members of the court hearing the case except that where an accused is found guilty of a charge in respect of which punishment of death is authorised under this Act the decision of the court shall be unanimous.

In the event of the field general court martial failing to reach an unanimous decision an accused shall not be convicted of that offence in respect of which punishment of death is authorised by this Act but may, if the members of the court by majority decision agree, be convicted of any lesser offence authorised by this Act.