Singapore legislation

Regulation 17

of Singapore Armed Forces (Military Court of Appeal) Regulations

Regulation 17

Witnesses

Subregulation 1

An order that a witness shall attend for examination may be made at any time on the application of the appellant or the respondent.

Subregulation 2

An application for an order under paragraph (1) shall be made by notice in writing to the registrar and, if made by an appellant, shall be in Form 6.

Subregulation 3

Where the Court orders the examination of any witness to be conducted otherwise than before the Court itself, such order shall specify the person appointed as examiner to take the examination, the place thereof and the witness to be examined.

Subregulation 4

The registrar shall, subject regulation 15 and to any direction given by the Court, furnish to the person appointed to take an examination any document, exhibit or other thing (or copy thereof) relating to the appeal that he may require.

Subregulation 5

After the examination has been concluded, the examiner shall return to the registrar any such document, exhibit or other thing (or copy thereof), together with any depositions taken by him under this regulation.

Subregulation 6

Where an examiner appointed under paragraph (3) has fixed the day and time for the examination of a witness, he shall request the registrar by which the examiner is appointed to inform the appellant and the respondent to the appeal in respect of which the witness is to be examined, and also, if the appellant is in custody, the officer-in-charge of the place where the appellant is in custody of the place, day and time at which the examination shall be held and the registrar shall thereupon cause to be served on the witness a notice in Form 7.

Subregulation 7

An examiner shall have power to administer an oath to, or take the affirmation of, any witness, and to require any witness to take such oath or make such affirmation and to answer any question to which the examiner may lawfully require an answer.

Subregulation 8

The evidence of every witness taken before an examiner shall be taken in the form of a deposition (to which the caption in Form 8 shall be attached), and unless otherwise ordered shall be taken in private.

Subregulation 9

Unless the Court otherwise directs, a notice required by this regulation to be served on a witness shall be served on him personally.