Singapore legislation
Regulation 33
of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004
Regulation 33
Submission of no case to answer
Subregulation 1
At the close of the case for the prosecution, the accused may submit to the court, in respect of any charge, that —
the prosecution has failed to establish a prima facie case for him to answer; and
he should not be called upon to make his defence to that charge.
Subregulation 2
If the accused makes a submission under paragraph (1), the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor’s address.
Subregulation 3
The court may close to deliberate on whether a prima facie case has been made out against the accused.
Subregulation 4
The court shall announce its decision in open court.
Subregulation 5
The court shall not allow a submission under paragraph (1) unless the court is satisfied that —
the prosecution has not established a prima facie case on the charge as laid; and
it is not open to the court, on the evidence adduced, to make a finding under section 90 of the Act or regulation 40(3).
Subregulation 6
If the court allows a submission under paragraph (1), the court shall find the accused not guilty of the charge to which the submission relates.
Subregulation 7
If the court disallows a submission under paragraph (1), the court shall proceed with the trial of the offence as charged.
Subregulation 8
Whether or not a submission has been made under paragraph (1), the court may, at any time after the close of the case for the prosecution and after hearing the prosecutor, find the accused not guilty of a charge if the court is satisfied that —
the prosecution has not established a prima facie case on the charge as laid; and
it is not open to the court, on the evidence adduced, to make a finding under section 90 of the Act or regulation 40(3).