Singapore legislation
Regulation 40
of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004
Regulation 40
Expression of opinions on, and type of, finding
Subregulation 1
If a panel court martial or field general court martial closes to deliberate on its finding, the opinion of the president and each member of the court as to the finding shall be given —
in closed court, orally and on each charge separately; and
in order of the members’ seniority, beginning with the member who is the most junior in rank or grade.
Subregulation 2
Subject to paragraphs (3) and (4), the court shall record on each charge on which a plea of not guilty has been entered —
a finding of guilty;
a finding in accordance with section 90 of the Act;
a finding of not guilty; or
a finding of not guilty and honourably acquitted of the charge.
Subregulation 3
Where the court is of the opinion, as regards any charge, that —
the facts which it finds to be proved in evidence differ from the facts alleged in the particulars of the charge, but are nevertheless sufficient to prove the offence stated in the charge; and
the difference is not so material as to have prejudiced the accused in his defence,the court may, instead of recording a finding of not guilty, record a finding that the accused is guilty of the charge, subject to any exception or variation which it shall specify in the finding.
Subregulation 4
Where the court has recorded a finding of guilty on a charge which is laid in the alternative, the court shall —
find the accused not guilty of any alternative charge which is placed before the charge in the charge-sheet; and
record no finding on any alternative charge which is placed after the charge in the charge-sheet.