Singapore legislation
Regulation 17
of Singapore Armed Forces (DXO — Disciplinary Proceedings and Miscellaneous Powers) Regulations
Regulation 17
Power to quash finding of DXO disciplinary officer
Subregulation 1
The Armed Forces Council may, upon the advice of the Director, Legal Services —
quash any finding, sentence, order of dismissal of a charge or award of compensation of a DXO disciplinary officer;
substitute any new finding for any finding of guilty made by a DXO disciplinary officer that is illegal or cannot be supported by the evidence if the new finding could validly have been made by the DXO disciplinary officer on the charge and if it appears that the DXO disciplinary officer was satisfied of the facts establishing the offence specified or involved in the new finding; or
substitute another punishment or a lesser punishment where the sentence of a DXO disciplinary officer is invalid or unduly excessive but so that the punishment substituted shall not in any event be greater or more severe than that awarded by the DXO disciplinary officer.
Subregulation 2
Any substituted finding or sentence under paragraph (1) shall be treated for all purposes as a finding or sentence of the DXO disciplinary officer.
Subregulation 3
Where the Armed Forces Council has in any case quashed the finding, sentence, order of dismissal of a charge or award of compensation of a DXO disciplinary officer under paragraph (1)(a), it may —
refer the case to be retried by the same or another DXO disciplinary officer; or
if it is of the opinion that the case should be retried by a subordinate military court, refer the charge to the Director, Legal Services.
Subregulation 4
The Armed Forces Council may at any time suspend the execution of any sentence passed by a DXO disciplinary officer for such period as it thinks fit.
Subregulation 5
The Armed Forces Council may delegate the exercise of its powers under paragraph (1) to any one of its members or to its secretary.