Singapore legislation
Clause 21
Clause 21
Repeal and re-enactment of sections 123 and 124
Sections 123 and 124 of the principal Act are hereby repealed and the following substituted therefor: —“Notice and petition of appeal123.—
An appeal shall be brought by way of a notice of appeal, signed by the appellant, which shall be lodged with the registrar of the Military Court of Appeal.(2) A notice of appeal shall be lodged within ten days after the date on which the decision appealed against was given:Provided that the Military Court of Appeal may, on the application of any party desirous of appealing showing sufficient cause, extend the time for the lodging of an appeal upon such terms and subject to such directions as the Court thinks fit.(3) The other party to the proceedings before the subordinate military court from whose decision or sentence the appeal is lodged shall be the respondent to the appeal.(4) Every notice of appeal shall contain an address to which any notices or documents connected with the appeal may be served upon the appellant or his counsel.(5) When a notice of appeal has been lodged the registrar of the Military Court of Appeal shall cause to be served on the appellant or his counsel by leaving at the address, mentioned in the notice of appeal, or by posting it by registered post addressed to the appellant at that address, a copy of the grounds of decision in the case signed by the president of the subordinate military court and a copy of the record of proceedings.(6) Within ten days or such extension of time as the Military Court of Appeal may permit, after the copies of the grounds of decision and of the record of proceedings have been served as provided in subsection (5) of this section, the appellant or his counsel shall lodge with the registrar of the Military Court of Appeal a petition of appeal signed by the appellant or his counsel and addressed to the Military Court of Appeal.(7) Every petition of appeal shall state shortly the substance of the judgment appealed against and the grounds of appeal and shall include particulars of the points of law or fact in regard to which the subordinate military court is alleged to have erred.(8) Except by leave of the Military Court of Appeal the appellant shall not be permitted at the hearing of the appeal to rely on any grounds of appeal other than those set forth in the petition of appeal.(9) If a petition of appeal is not lodged within the time prescribed by this section the appeal shall be deemed to have been withdrawn and the subordinate military court shall enforce its sentence or order where there has been a stay of execution, but nothing in this subsection shall limit or restrict the power of extending the time for appeal and for the lodging of a petition of appeal conferred upon the Military Court of Appeal by subsections (2) and (6) of this section.Bail
124. A subordinate military court may grant bail to any person who has lodged a notice of appeal against his conviction in accordance with section 123 of this Act.”.