Regulation 12

the accused shall be afforded a proper opportunity for preparing his defence, and in this regard —

his commanding officer shall —

ensure that he is informed of his right under section 102 of the Act to be represented by a defending officer or counsel; and

if he wishes to be represented by a defending officer, assist him in procuring a defending officer; and

he shall be allowed proper communication with his defending officer or counsel and with his witnesses;

as soon as practicable after the commanding officer of the accused has received a copy of each charge-sheet and convening order under regulation 11(1), (2) or (3), and in any case not less than 24 hours before the commencement of the trial, the commanding officer shall ensure that the accused is given, and the accused shall be given —

a copy of the charge-sheet; and

if the accused so requires, the rank or grade, name and unit of the president and, in the case of a panel court martial or a field general court martial, each other member of the court; and

when the accused is given a copy of the charge-sheet in accordance with this regulation, he shall —

if necessary, have the charge explained to him; and

be informed that, upon his making a written request to his commanding officer not less than 24 hours before his trial requiring the attendance at his trial of any witness (other than a witness for the prosecution) whom he desires to call in his defence (such witness to be named by him), reasonable steps will be taken in accordance with these Regulations to procure the attendance of any such witness at his trial.

if the trial is to take place before a general court martial —

each accused may, before trial, apply to a judge court martial to be tried separately (on the ground that he would be prejudiced in his defence if he were not tried separately) by giving written notice of the application to the registrar for subordinate military courts;

any president of a judge court martial may hear and determine the application; and

the president of the judge court martial shall, if he is of the opinion that the interests of justice so require, after consulting the prosecutor, direct that the accused who made the application be tried separately; or

if the trial is to take place before a field general court martial, where it is practicable —

each accused may, before trial, apply by written notice to the convening authority to be tried separately on the ground that he would be prejudiced in his defence if he were not tried separately; and

the convening authority shall, if he is of the opinion that the interests of justice so require, after consulting the Director, Legal Services of the Singapore Armed Forces, direct that the accused who made the application be tried separately.

if the accused is to be tried before a general court martial —

the accused may, before trial, apply to a judge court martial to be tried separately on any charge in the charge-sheet (on the ground that he would be prejudiced in his defence if he were not tried separately on that charge) by giving written notice of the application to the registrar for subordinate military courts;

any president of a judge court martial may hear and determine the application; and

the president of the judge court martial shall, if he is of the opinion that the interests of justice so require, after consulting the prosecutor, direct that the accused be tried separately on that charge; or

if the accused is to be tried before a field general court martial, where it is practicable —

the accused may, before trial, apply by written notice to the convening authority to be tried separately on any charge in the charge-sheet on the ground that he would be prejudiced in his defence if he were not tried separately on that charge; and

the convening authority shall, if he is of the opinion that the interests of justice so require, after consulting the Director, Legal Services of the Singapore Armed Forces, direct that the accused be tried separately on that charge.