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Singapore legislation

Regulation 55

of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004

Regulation 55

Duty of judge advocate

Subregulation 1

The judge advocate shall be accountable, for the proper discharge of his functions, to the Judge Advocate-General.

Subregulation 2

Where a judge advocate has been appointed to officiate in a trial before a panel court martial or field general court martial, the prosecutor and the accused shall be entitled to his opinion on any question of law or procedure relating to any charge or the trial —

(a)

whether he is in or out of court; and

(b)

when he is in court, subject to the permission of the court.

Subregulation 3

The judge advocate shall advise the court —

(a)

on the assembly of the court, of any defect in the constitution of the court or in the charge-sheet; and

(b)

during the trial, on all questions of law or procedure which may arise.

Subregulation 4

The court shall accept the judge advocate’s advice on all such matters unless the court has strong reasons for not doing so, and if the court does not accept the advice, the court’s reasons for not doing so shall be recorded in the proceedings.

Subregulation 5

The judge advocate has the same duty as the president to ensure that the accused does not suffer any disadvantage as a consequence of —

(a)

his position as such;

(b)

ignorance;

(c)

the inability to examine or cross-examine witnesses, or to make his own evidence clear and intelligible; or

(d)

any other reason.