In forceAmended2020 Revised Edition

Contents

Singapore Armed Forces Act 1972 · 2020 Revised Edition · Part 4 · Summary Trial by Disciplinary Officers and Composition of Military Offences

62. Charges and jurisdiction

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Amended

Last amended by an amending law of 2022. 2 amendments in all.

(1)

Before an allegation against any person subject to military law (called in this Act the accused) that the person has committed an offence under this Act is further proceeded with, the allegation must —

(a)

be reported in the form of a charge to a disciplinary officer and dealt with in accordance with the provisions of this Part; or

(b)

be referred to an authorised composition officer for composition of the offence under section 79A.

(2)

If the accused is an officer of the rank of colonel, or a senior military expert of the rank of ME7, the charge must, within such time as may be specified in any regulations made under this Act, be brought before the Chief of Defence Force.

(3)

If the accused is an officer of the rank of lieutenant‑colonel or senior lieutenant‑colonel, or a senior military expert of the rank of ME6, the charge must, within such time as may be specified in any regulations made under this Act, be brought before any Service Chief.

(4)

If the accused is an officer below the rank of lieutenant‑colonel, or a senior military expert below the rank of ME6, the charge must, within such time as may be specified in any regulations made under this Act, be brought before a superior commander at least 2 ranks above him.

(5)

If the accused is a warrant officer or a military expert of the rank of ME3, the charge must, within such time as may be specified in any regulations made under this Act be brought before a superior commander.

(6)

If the accused is a soldier below the rank of warrant officer or ME3, the charge must, within such time as may be specified in any regulations made under this Act, be brought before a junior disciplinary officer.

(7)

A disciplinary officer other than a Service Chief or the Chief of Defence Force may try an accused only when —

(a)

the accused and the disciplinary officer belong to the same detachment, unit, formation or command; or

(b)

the Armed Forces Council has vested the disciplinary officer with the powers of a senior disciplinary officer or a superior commander or a senior disciplinary officer has vested the disciplinary officer with the powers of a junior disciplinary officer in respect of the accused.

Terms defined in this Act

Armed Forces Council
Defined · s 2
“Armed Forces Council” means the Armed Forces Council established under section 8;
Open s 2
detachment
Defined · s 60
“detachment” means a part of a unit so separated from the unit to which it belongs that the senior disciplinary officer of that unit cannot effectively exercise his or her disciplinary powers over it;
Open s 60
disciplinary officer
Defined · s 2
“disciplinary officer” means a junior disciplinary officer, a senior disciplinary officer and a superior commander each being qualified to be such or being designated as such pursuant to the provisions of Part 4 and includes a Service Chief and the Chief of Defence Force;
Open s 2
formation
Defined · s 60
“formation” means a brigade or its equivalent in the navy and air force or any equivalent body of servicemen;
Open s 60
junior disciplinary officer
Defined · s 60
“junior disciplinary officer” means, except where otherwise expressly provided, any officer, warrant officer or military expert of or above the rank of ME3 —(a)who is in command of a squadron, battery or company or an equivalent sub-unit; or(b)in whom a senior disciplinary officer has vested the powers of a junior disciplinary officer for the purposes of discipline;
Open s 60
military expert
Defined · s 2
“military expert” means a serviceman in the military domain experts service;
Open s 2
officer
Defined · s 2
“officer” means a person appointed by the President of Singapore or the proper authority to hold the rank of officer in the Singapore Armed Forces and includes any person commissioned as an officer under any written law that is repealed by this Act;
Open s 2
senior disciplinary officer
Defined · s 60
“senior disciplinary officer” means —(a)any officer, warrant officer or senior military expert who is —(i)in command of a base or unit; or(ii)designated by the Armed Forces Council as a senior disciplinary officer for the purposes of discipline; or(b)a commander of a detachment;
Open s 60
senior military expert
Defined · s 2
“senior military expert” means a military expert of or above the rank of ME4;
Open s 2
Service Chief
Defined · s 2
“Service Chief” means the Chief of Air Force, the Chief of Army or the Chief of Navy;
Open s 2
soldier
Defined · s 2
“soldier” means any person, other than an officer, a senior military expert or a non‑uniformed serviceman, who is a member of the Singapore Armed Forces, and includes any such person who is a servicewoman;
Open s 2
superior commander
Defined · s 60
“superior commander” means any officer or senior military expert who is —(a)in command of a command or formation; or(b)designated by the Armed Forces Council as a superior commander for the purposes of discipline;
Open s 60
unit
Defined · s 60
“unit” means a battalion or its equivalent in the navy and air force or any equivalent body of servicemen.
Open s 60
warrant officer
Defined · s 2
“warrant officer” means a person appointed by the Armed Forces Council or the proper authority to hold the rank of warrant officer in the Singapore Armed Forces.
Open s 2