Singapore legislation

Regulation 44

of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004

Regulation 44

Accused’s record and plea on mitigation

Subregulation 1

If —

(a)

the finding on a charge against the accused is guilty; or

(b)

the court makes a finding in accordance with section 90 of the Act,the court shall, before deciding on the sentence, whenever possible, take evidence of the accused’s age, rank and service record.

Subregulation 2

The service record shall include particulars of —

(a)

all recognised acts of gallantry or distinguished conduct on the part of the accused;

(b)

every decoration or award to which the accused is entitled;

(c)

every offence of which the accused has been found guilty during his service and which is recorded in his conduct sheet; and

(d)

every period during which the accused has been —

(i)

under arrest while awaiting trial; or

(ii)

in confinement under a current sentence.

Subregulation 3

Evidence of the matters referred to in paragraphs (1) and (2) may be given by the prosecutor tendering to the court a written statement in the form set out in the Fifth Schedule.

Subregulation 4

The prosecutor —

(a)

may inform the court of any other matter which, in his opinion, might affect the severity of the punishment;

(b)

shall, if directed by the court, call witnesses to prove that matter; and

(c)

shall, if required by the accused, call the maker of the written statement referred to in paragraph (3) as a witness to verify the statement.

Subregulation 5

Any witness called shall be subject to —

(a)

cross-examination and re-examination; and

(b)

questioning by the court.

Subregulation 6

If required by the accused, the service books relating to the accused, or a duly certified copy of the material entries therein, shall be produced to the court, and if the contents of the written statement referred to in paragraph (3) are in any respect not in accordance with the service books or certified copy, the court shall cause the written statement to be corrected accordingly.

Subregulation 7

After paragraphs (1) to (6) have been complied with, the accused may —

(a)

give evidence on oath;

(b)

call witnesses in mitigation of punishment and to his character; and

(c)

address the court in mitigation of punishment.

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