Singapore legislation
Regulation 56
of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004
Regulation 56
Judge advocate sitting alone
Subregulation 1
Where a judge advocate has been appointed to officiate in a trial before a panel court martial or field general court martial, and during the trial —
any question arises as to the admissibility of evidence;
any of 2 or more accused who are charged —
jointly; or
in the same charge-sheet with offences alleged to have been committed by them separately,makes an application to be tried separately; or
an accused makes an application for a charge to be tried separately,the president may direct that the question or application be determined by the judge advocate in the absence of the president and members of the court.
Subregulation 2
Where the president so directs, the president and members of the court shall withdraw from the court room.
Subregulation 3
The judge advocate shall, when the president and members of the court have withdrawn in accordance with paragraph (2) —
hear the arguments and evidence relevant to the question or application; and
give his ruling upon the question or application and such reasons therefor as he may consider necessary.
Subregulation 4
After the judge advocate has given his ruling —
the president and members of the court shall return to the court room;
the judge advocate shall announce his ruling to them; and
the court shall follow the judge advocate’s ruling.
Subregulation 5
When a judge advocate sits alone in accordance with this regulation —
the proceedings before him shall form part of the proceedings of the court;
sections 48 (1), 49, 87, 89, 97, 103, 104 and 113 of the Act, and regulations 18, 50, 51, 52, 57 to 62, 66, 67 and 73 shall apply to proceedings before the judge advocate sitting alone as they apply to proceedings before the president and members of the court; and
anything which those sections and regulations authorise the court or president to do may be done by the judge advocate.
Subregulation 6
Where a person subject to military law commits an offence under section 48 of the Act while a judge advocate is sitting alone in accordance with this regulation —
the judge advocate shall report the occurrence to the president; and
the president shall take such action as he considers appropriate.
Subregulation 7
The judge advocate shall ensure that the president and members of the court do not see the record of the proceedings before the judge advocate when sitting alone until after the court has announced its finding.