Clause 6

For the purpose of enabling general courts martial to be constituted in accordance with this Part, the convening authority shall appoint a panel (referred to in this Act as the general courts martial panel) consisting of such number of officers and non-uniformed servicemen in officer grades as the convening authority shall determine.(2) A member of the general courts martial panel shall be appointed for such term as the convening authority may determine.(3) The convening authority may at any time revoke the appointment of any member of the general courts martial panel.Constitution and jurisdiction of general court martial81.—

The general courts martial shall consist of the following courts:

judge courts martial; and

panel courts martial.(2) Every general court martial shall be constituted —

by the convening authority; and

subject to subsection (7), from the members of the general courts martial panel.(3) A judge court martial shall consist of a president, who shall be a qualified person and, subject to subsection (6)(a), an officer of or above the rank of major.(4) A panel court martial shall consist of the following members:

a president who, subject to subsections (6)(b) and (7), shall be an officer of or above the rank of major; and

subject to subsections (5) and (6)(c), 2 or any greater even number of other members who shall be officers and at least one of whom shall be of or above the rank of captain.(5) Where a panel court martial is constituted for the trial of a non-uniformed serviceman, the members referred to in subsection (4)(b) may include, in place of the corresponding number of officers, not more than 2 non-uniformed servicemen in officer grades.(6) Where the accused is of or above the rank of llieutenant-colonel —

the president of any judge court martial constituted for the trial of the accused shall be an officer of or above the rank of the accused;

subject to subsection (7), the president of any panel court martial constituted for the trial of the accused shall be an officer of or above the rank of the accused; and

if a panel court martial is constituted for the trial of the accused, at least 2 of the members under subsection (4)(b) shall be of or above the rank of lieutenant-colonel.(7) Where the accused is charged with —

murder or culpable homicide not amounting to murder;

an offence under section 121 or 121A of the Penal Code (Cap. 224); or

any other offence for which the punishment of death is authorised under any written law,and the charge is to be tried by a general court martial, the accused shall be tried before a panel court martial and the president of the panel court martial shall be a Judge of the Supreme Court appointed by the Chief Justice.(8) Where none of the members of a panel court martial is a qualified person, a judge advocate designated by the convening authority shall officiate in any trial before that court in accordance with regulations of procedure made under section 93.(9) Subject to subsection (7), every general court martial shall have jurisdiction to try any person subject to military law for any offence under this Act and to award for any such offence any punishment authorised by this Act.(10) Unless the Director, Legal Services of the Singapore Armed Forces directs otherwise, where a charge is to be tried by a general court martial, the charge shall be tried by a panel court martial.(11) Subject to subsection (7), where, before the commencement of any trial before a general court martial —

the president or any member of the court dies; or

the convening authority ascertains that the president or any member of the court —

is unable to attend; or

is not eligible to serve in that court,the convening authority may designate another person from the general courts martial panel to fill the vacancy.(12) Subject to subsection (13), any question as to —

the guilt of the accused; or

the sentence to be imposed on the accused,shall be decided by a panel court martial in accordance with the opinion of the majority of the members of that court.(13) Where the accused is charged with any offence for which the punishment of death is authorised under any written law —

the accused shall not be convicted of that offence unless the members of the panel court martial reach a unanimous decision that the accused is guilty of that offence; and

if the members of that court fail to reach a unanimous decision, the accused may, if the members of that court by majority decision agree, be convicted of any lesser offence authorised by this Act.(14) Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection (2), (8) or (11), the registrar or person shall be entitled to exercise those powers and perform those duties.”.