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Singapore legislation

Schedule 4

of Singapore Armed Forces (Subordinate Military Courts) Regulations 2004

Schedule 4

Findings

FOURTH SCHEDULERegulation 41(2)FindingsFinding of not guilty on all charges

1. The form of the finding where the court finds the accused not guilty on all charges shall be —

(a)

“not guilty of [the charge/all the charges].”; or

(b)

“not guilty and honourably acquitted of [the charge/all the charges].”.Finding of not guilty on some, but not all, charges

2. The form of the finding where the court finds the accused not guilty on some, but not all, charges shall be —

(a)

“not guilty of the [number of charge or charges as numbered in the charge-sheet] charge[s] but guilty of the [number of charge or charges as numbered in the charge-sheet] charge[s].”; or

(b)

“not guilty and honourably acquitted of the [number of charge or charges as numbered in the charge-sheet] charge[s] but guilty of the [number of charge or charges as numbered in the charge-sheet] charge[s].”.Finding of guilty on all charges

3. The form of the finding where the court finds the accused guilty on all charges shall be “guilty of [the charge/all the charges].”.Finding in accordance with section 90 of Act

4. The form of the finding where the court makes a finding in accordance with section 90 of the Act shall be “not guilty of the offence charged, but guilty of the offence of [description of offence of which the accused is found guilty in accordance with section 90 of the Act].”.Finding of guilty subject to exception or variation

5. The form of the finding where the court makes a finding in accordance with regulation 40(3) shall be “guilty of the [number of charge as numbered in the charge-sheet, if any] charge, except that: [insert detailed description of exception or variation to which the finding is subject].”.No finding on alternative charge

6. The form of the finding where the court makes no finding on an alternative charge in accordance with regulation 40(4)(b) shall be as follows: “guilty of the [number of charge as numbered in the charge-sheet, if any] charge. The court records no finding on the [number of alternative charge as numbered in the charge-sheet, if any] alternative charge.”.Accused unfit to stand his trial

7. The form of the finding where the accused is unfit to stand his trial shall be “unfit to stand his trial.”.Finding of not guilty by reason of insanity

8. The form of the finding where the court finds the accused not guilty by reason of insanity shall be “not guilty by reason of insanity.”.Discharge9.—

(1)

Subject to sub-paragraphs (2) and (3), the form of the finding where the court directs, under regulation 21(3)(c) or 64(2) or (3), that the accused be discharged shall be “to be discharged of the [number of charge or charges as numbered in the charge-sheet] charge[s], such discharge not amounting to an acquittal.”.

(2)

The form of the finding where the court —

(a)

directs, under regulation 21(3)(c) or 64(2) or (3), that the accused be discharged; and

(b)

further directs, under regulation 21(5) or 64(4), as the case may be, that such discharge shall amount to an acquittal,shall be “to be discharged of the [number of charge or charges as numbered in the charge-sheet] charge[s], such discharge amounting to an acquittal.”.

(3)

The form of the finding, where the court directs, under regulation 64(5)(a), that the accused be discharged shall be “to be discharged of the [number of charge or charges as numbered in the charge-sheet] charge[s].”.