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Singapore legislation

Regulation 65

of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004

Regulation 65

Amendments of charge-sheets and charges by court

Subregulation 1

At any time during a trial, if it appears to the court that there is in the charge-sheet —

(a)

a mistake in the name or description of the accused;

(b)

a mistake which is attributable to a clerical error or omission,the court may amend the charge-sheet so as to correct the mistake.

Subregulation 2

If, at any time during a trial before —

(a)

a general court martial; or

(b)

a field general court martial which has —

(i)

a judge advocate appointed to officiate therein; or

(ii)

a president or other member who is a qualified person,it appears to the court, before it makes its finding, that it is desirable in the interests of justice to alter any charge or frame a new charge, whether in substitution for or in addition to an existing charge, the court may, if such alteration can be made or a new charge can be framed without unfairness to the accused, make such alteration or frame such new charge.

Subregulation 3

Where a judge advocate has been appointed to officiate in a trial before a panel court martial or field general court martial, the court shall not alter a charge or frame a new charge under paragraph (2) without the concurrence of the judge advocate.

Subregulation 4

If, at any time during a trial before a field general court martial which does not have a judge advocate appointed to officiate therein or a president or member who is a qualified person, it appears to the court, before it makes its finding, that it is desirable in the interests of justice to alter any charge or frame a new charge, whether in substitution for or in addition to an existing charge, the court may, where an amendment cannot be made under paragraph (1), adjourn and report its opinion to the convening authority, who may —

(a)

alter the charge or frame a new charge, whether in substitution for or in addition to an existing charge, and direct the court to continue with the trial on the altered or new charge, as the case may be, after due notice of the amendment or new charge has been given to the accused;

(b)

direct the court to proceed with the trial of an original charge; or

(c)

convene a new court to try the accused.