Singapore legislation

Regulation 13

of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004

Regulation 13

Preliminary matters to be considered

Amended byS 191/2010 wef 01/04/2010S 191/2010 wef 01/04/2010S 191/2010 wef 01/04/2010

Subregulation 1

The president of a judge court martial shall, before commencing a trial, satisfy himself —

(a)

that he is qualified under section 81 (3) and (6)(a) of the Act to serve in that capacity;

(b)

that he is not disqualified under section 84 of the Act from serving in that capacity;

(c)

that the accused appears from the charge-sheet —

(i)

to be subject to military law or otherwise liable to be tried by a subordinate military court; and

(ii)

to be subject to the jurisdiction of the judge court martial; and

(d)

that each charge is on the face of it correct in law and framed in accordance with these Regulations.

Subregulation 2

Upon a panel court martial assembling, the members of the panel court martial shall, before commencing a trial, satisfy themselves in closed court —

(a)

that the panel court martial has been constituted in accordance with the Act and these Regulations;

(b)

that the panel court martial consists of not less than the legal minimum of members;

(c)

that they are qualified under section 81(4) to (7) of the Act to serve in the panel court martial;

(d)

that none of them is disqualified under section 84 of the Act from serving in the panel court martial;

(e)

where none of them is a qualified person, that a judge advocate has been duly appointed to officiate in any trial before the panel court martial;

(f)

that the accused appears from the charge-sheet —

(i)

to be subject to military law or otherwise liable to be tried by a subordinate military court; and

(ii)

to be subject to the jurisdiction of the panel court martial; and

(g)

that each charge is on the face of it correct in law and framed in accordance with these Regulations.

Subregulation 3

Amended byS 191/2010 wef 01/04/2010

Upon a field general court martial assembling, the members of the field general court martial shall, before commencing a trial, satisfy themselves in closed court —

(a)

that the field general court martial has been convened in accordance with the Act and these Regulations;

(b)

that the field general court martial consists of not less than the legal minimum of officers and senior military experts;

(c)

that they are qualified under section 83 of the Act to serve in the field general court martial;

(d)

that none of them is disqualified under section 84 of the Act from serving in the field general court martial;

(e)

where there is a judge advocate, that he has been duly appointed;

(f)

that the accused appears from the charge-sheet —

(i)

to be subject to military law or otherwise liable to be tried by a subordinate military court; and

(ii)

to be subject to the jurisdiction of the field general court martial; and

(g)

that each charge is on the face of it correct in law and framed in accordance with these Regulations.

Subregulation 4

Amended byS 191/2010 wef 01/04/2010S 191/2010 wef 01/04/2010

Where, before the commencement of any trial before a court, a vacancy occurs through the president or, in the case of a panel court martial or a field general court martial, any other member of the court being disqualified under the Act or being absent —

(a)

if the court is a judge court martial, the vacancy shall be filled by another officer or senior military expert from the general courts martial panel who —

(i)

is eligible for appointment as president of a judge court martial; and

(ii)

has been designated by the convening authority to fill the vacancy;

(b)

if the court is a panel court martial, subject to section 81(7) of the Act, the vacancy shall be filled by another person from the general courts martial panel who —

(i)

is eligible for the appointment; and

(ii)

has been designated by the convening authority to fill the vacancy; or

(c)

if the court is a field general court martial, the vacancy shall be filled by another officer or senior military expert who —

(i)

is eligible for the appointment; and

(ii)

has been designated by the convening authority to fill the vacancy.

Subregulation 5

For the avoidance of doubt, the convening authority may designate or appoint any eligible person to fill any vacancy referred to in paragraph (4) before the vacancy occurs.

Subregulation 6

Where any person has been designated or appointed to fill any vacancy referred to in paragraph (4), the convening authority shall —

(a)

issue a new convening order in respect of the reconstituted court under regulation 9(1)(c) or 10(1)(c), as the case may be; or

(b)

where the designation or appointment is made before the vacancy occurs, as an alternative to complying with sub-paragraph (a), reflect the designation or appointment in the convening order issued under regulation 9(1)(c) or 10(1)(c), as the case may be.

Subregulation 7

Where the convening authority for general courts martial has authorised the registrar for subordinate military courts or any other person to perform the duties imposed on the convening authority under paragraph (4)(a) or (b), (5) or (6), the registrar or person shall —

(a)

be entitled to perform those duties for and on behalf of the convening authority; and

(b)

forward to the convening authority a copy of the convening order referred to in paragraph (6).

Subregulation 8

If the court is not satisfied on any matter referred to in paragraph (1), (2) or (3), as the case may be, and is not competent to rectify the matter itself under the Act or these Regulations, the court shall, before commencing the trial, report to the convening authority.

Subregulation 9

When the court has complied with this regulation and is ready to proceed with the trial, the trial shall begin in open court.

Read in full context — Singapore Armed Forces (Subordinate Military Courts) Regulations 2004 →