Singapore legislation
Regulation 14
of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004
Regulation 14
Challenges by accused
Subregulation 1
The convening order and the name of each person constituting the court shall be read in the presence of the accused, who shall, subject to paragraph (2), be given an opportunity to object to that person in accordance with section 88 of the Act.
Subregulation 2
The accused shall have no right to object to a president of a panel court martial who is a Supreme Court Judge.
Subregulation 3
When a court is convened to try more than one accused, whether jointly or separately, each accused shall —
be given an opportunity to object to the president and, in the case of a panel court martial or a field general court martial, the other members of the court in accordance with paragraph (1); and
be asked separately whether he has any such objection.
Subregulation 4
When a court is convened to try more than one accused jointly, and any accused objects to the president or, in the case of a panel court martial or a field general court martial, any other member of the court, the court may, if it thinks fit —
proceed to determine that objection in accordance with this regulation; or
postpone the trial of that accused and proceed with the trial of the other accused only.
Subregulation 5
The accused shall state the name of each person to whom he objects before any objection is disposed of.
Subregulation 6
In the case of a panel court martial or a field general court martial, if more than one member of the court is objected to —
the objection to each member shall be disposed of separately;
any objection to the president shall be disposed of first; and
the objections to the other members shall be disposed of in order of the members’ seniority, beginning with the objection to the member who is the most junior in rank or grade.
Subregulation 7
The accused may make a statement and call any person to make a statement in support of his objection.
Subregulation 8
Any person to whom the accused has objected may state in open court anything relevant to the accused’s objection, whether in support or in rebuttal thereof.
Subregulation 9
Each objection shall be disposed of in accordance with section 88 of the Act.
Subregulation 10
Where the court allows an objection, the person objected to shall retire and —
if the court is a judge court martial, the convening authority shall designate another officer or senior military expert from the general courts martial panel who is eligible for appointment as president of a judge court martial to be the president of another judge court martial convened to try the accused;
if the court is a panel court martial, the vacancy shall be filled by another person from the general courts martial panel who —
is eligible for the appointment; and
has been designated by the convening authority to fill the vacancy;
if the court is a field general court martial, the vacancy shall be filled by another officer or senior military expert who —
is eligible for the appointment; and
has been designated by the convening authority to fill the vacancy.
Subregulation 11
For the avoidance of doubt, the convening authority may designate or appoint any eligible person to fill any vacancy referred to in paragraph (10)(b) or (c) before the vacancy arises.
Subregulation 12
Where any person has been designated or appointed to fill any vacancy referred to in paragraph (10)(b) or (c), the convening authority shall —
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
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 13
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 (10)(a) or (b), (11) or (12), the registrar or person shall —
be entitled to perform those duties for and on behalf of the convening authority; and
forward to the convening authority a copy of the convening order referred to in paragraph (12).