127. Establishment, jurisdiction and powers of Military Court of Appeal

A Military Court of Appeal is established which is a superior court of record consisting of —

The 2 members of the Military Court of Appeal who are qualified persons must be appointed by the Armed Forces Council from a panel of qualified persons and the 2 members who are officers or senior military experts must be selected by the Armed Forces Council from a panel of officers and senior military experts.

Despite subsections (1) and (2), where an appeal is made to the Military Court of Appeal in a case of murder or culpable homicide not amounting to murder or an offence under section 121 or 121A of the Penal Code 1871, the Court must consist of a president and 2 other members all of whom are Supreme Court Judges appointed by the Chief Justice.

There may be paid to the qualified persons appointed under subsection (2) such remuneration and allowances as the Armed Forces Council may determine.

The Military Court of Appeal has jurisdiction to hear and determine any appeal by a person convicted by a subordinate military court subject nevertheless to the provisions of this Part regulating the terms and conditions upon which such appeals may be brought.

The Military Court of Appeal has for the purposes of the provisions of this Act full power to determine, in accordance with this Act, any question necessary to be determined to do justice in any case before the Court and may issue any warrants necessary for enforcing its orders or sentences.

The determination of any question before a Military Court of Appeal must be according to the opinion of the majority of the members of the Court hearing the case.

An appeal by a person convicted by a subordinate military court must be either against the conviction, or against sentence or against both, except that where an accused person has pleaded guilty and has been convicted on such plea by a subordinate military court there is no appeal except as to the extent or legality of the sentence.

An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.

The Director, Legal Services of the Singapore Armed Forces may appeal against an acquittal by a subordinate military court or a sentence of a subordinate military court which is manifestly inadequate.