Singapore legislation

Regulation 20

of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004

Regulation 20

Objection to jurisdiction of court

Subregulation 1

The accused may, before pleading to a charge, object to the court trying him on the charge on the ground that the court does not have jurisdiction to try him on the charge.

Subregulation 2

If the accused makes an objection under paragraph (1) —

(a)

the accused may adduce evidence in support of the objection and the prosecutor may adduce evidence in answer thereto; and

(b)

the prosecutor may address the court in answer to the objection and the accused may reply to the prosecutor’s address.

Subregulation 3

If the court decides that it does not have jurisdiction to try the accused on the charge, it shall record the reasons for its decision in the record of proceedings and —

(a)

if the charge is the only charge against the accused, the court shall be dissolved; or

(b)

if there is any other charge against the accused —

(i)

to which the accused makes no objection under paragraph (1); or

(ii)

which the court decides it has jurisdiction to try the accused on,the court shall try the accused on that other charge.

Subregulation 4

Where a court is dissolved under paragraph (3) —

(a)

if the Director, Legal Services of the Singapore Armed Forces certifies that the reasons for the court’s decision under paragraph (3) apply only to that court, the accused may be tried again by another court;

(b)

if the Director, Legal Services of the Singapore Armed Forces certifies that the reasons for the court’s decision under paragraph (3) apply only to certain courts, the accused may be tried again by another court to which those reasons do not apply; or

(c)

if the court’s decision under paragraph (3) is reversed by the Military Court of Appeal, the accused may be tried again by that court or another court.

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