Schedule 7

SEVENTH SCHEDULERegulation 50(1)(a)SINGAPORE ARMED FORCES ACT (CHAPTER 295)SINGAPORE ARMED FORCES (SUBORDINATE MILITARY COURTS) REGULATIONSRECORD OF PROCEEDINGS1 Proceedings of a [field] general court martial held on _______________ at _______________.President:[Members:][Judge advocate:] Prosecutor:Defending officer/counsel:Trial of _______________.2 PART 1 — COMMENCEMENT OF TRIAL The court complies with regulation 13. The accused is brought before the court. At _____ hours the trial begins. The convening order is read in the hearing of the accused, marked and signed by the president, and attached to the record.3 The name[s] of the president [and members] of the court is [are] read in the hearing of the accused.Q.Do you object to being tried by me as president [or by any of the members whose names you have heard read]?A.The proceedings relating to the objection[s] are recorded on page[s] _____. 1In this form, a reference to a regulation shall be a reference to that regulation in the Singapore Armed Forces (Subordinate Military Court) Regulations 2004 (G.N. No. S 724/2004). All inapplicable printed matter in this form shall be deleted.2Insert the NRIC number, rank/grade, name and unit or other description of the accused.3The convening order shall be inserted immediately after the last page of this form.[S 191/2010 wef 01/04/2010]Page _____ The [president, members of the court and]4 judge advocate is [are] duly sworn/affirmed.Q.Do you object to _______________ acting as shorthand writer?A.5_______________ is duly sworn/affirmed as shorthand writer.Q.Do you object to _______________ acting as interpreter?A.5_______________ is duly sworn/affirmed as interpreter. PART 2 —SPECIAL OBJECTIONS AND APPLICATIONS The accused objects under regulation 20 on the ground that the court does not have jurisdiction to try him. The proceedings relating to the objection are recorded on page[s] _____. The accused objects under regulation 21 to the _____ charge[s]. The proceedings relating to the objection are recorded on page[s] _____. The accused objects under regulation 22 to the court trying him on the _____ charge[s] by reason of section 108/111 of the of the Singapore Armed Forces Act (Cap. 295). The proceedings relating to the objection are recorded on page[s] _____. The ________________ accused applies under regulation 23 to be tried separately. The proceedings relating to the application are corded on page[s] _____. The accused applies under regulation 24 to have charges _____ and _____ tried separately. The proceedings relating to the objection are recorded on page[s] _____. PART 3 — ARRAIGNMENT OF ACCUSED Regulation 19(2) is complied with. The charge-sheet is read to the accused and he is arraigned on each charge. The charge-sheet is signed by the president and inserted in the record immediately before this page as page[s] _____.Q.Are you guilty or not guilty of the first6 charge against you which you have heard read?A. Q.Are you guilty or not guilty of the second charge against you which you have heard read?A.7 Q.Are you guilty or not guilty of the third charge against you which you have heard read?A.7 Q.Are you guilty or not guilty of the fourth charge against you which you have heard read?A.7 Q.Are you guilty or not guilty of the fifth charge against you which you have heard read?A.7 Q.Are you guilty or not guilty of the sixth charge against you which you have heard read?A.7 The accused’s pleas to the remaining charges are recorded overleaf.7 PART 4 — PROCEEDINGS ON PLEA OF NOT GUILTY8Q.Do you wish to apply for an adjournment under regulation 31(1) on the ground that any regulation relating to procedure before trial has not been complied with, and that you have been prejudiced thereby, or on the ground that you have not had sufficient opportunity for preparing your defence?A.9 The Prosecutor [makes an opening address shortly outlining the facts] [makes an opening address which is summarised below] [hands in a written address which is read, signed by the president, marked _____ and attached to the record]. The witness[es] for the prosecution is [are] called. First witness for the prosecution __________ is duly sworn/affirmed. The evidence for the prosecution is recorded on page[s] _____. The case for the prosecution is closed. The accused submits under regulation 33 that there is no case for him to answer in respect of the _____ charge[s]. The proceedings relating to this submission are recorded on page[s] _____. The court [allows the submission of no case to answer in respect of the _____ charge[s] and finds the accused not guilty thereof] [disallows the submission of no case to answer and proceeds with the trial]. Regulation 34 is complied with.Q.Do you apply to give evidence yourself on oath or affirmation?A. Q.Do you intend to call any other person as a witness on your behalf?A. Q.Is he a witness as to the facts or to character only?10A.10 Q.Do you wish to make an opening address?10A.10 The accused [makes an opening address which is summarised below] [hands in a written address which is read, signed by the president, marked _____ and attached to the record].10 The witness[es] for the defence is [are] called. First witness for the defence __________ is duly sworn/affirmed. The evidence for the defence is recorded on page[s] _____. The case for the defence is closed. The accused [makes a closing address which is summarised on page[s] _____] [hands in a closing address which is read, marked _____ and signed by the president, and attached to the record]. The prosecutor [makes a closing address which is summarised on page[s] _____] [hands in a closing address which is read, marked _____ and signed by the president, and attached to the record]. The note of the summing-up of the judge advocate is recorded on page[s] _____. [The court closes to deliberate on the finding.] The court finds that the accused __________11 is:12 The accused is brought before the court. The finding is announced in open court. PART 5 — PROCEEDINGS ON ACQUITTAL ON ALL CHARGES13 The accused is released. Signed on __________ at __________. [Signature, rank and name of president] President General Court Martial [Signature and name of judge advocate][Judge Advocate] PART 6 —PROCEEDINGS ON PLEA OF GUILTY14 The accused having pleaded guilty to the _____ charge[s], the prosecutor informs the court of the facts relating to the charge[s] and the circumstances in which the offence[s] was [were] committed, including facts which show the nature and gravity of the offence[s] and factors affecting mitigation or aggravation. The court finds that the accused ___________________15 is guilty of the charge [all the charges]. The finding is announced in open court. PART 7 — PROCEEDINGS ON CONVICTION The prosecutor [tenders a statement of the accused’s service record in accordance with regulation 44(3)] [calls evidence as to the accused’s character and record]. ___________________ is duly sworn/affirmed.16 Q.Do you produce the service record of the accused?16A.I produce.16Q.Have you compared it with the service books?16A.16 Q.Do the entries on it correspond with the entries in the service books?16A.16 The statement of the accused’s service record is read, marked _____ and signed by the president, and attached to the record. The accused [declines] [elects] to cross-examine the [maker of the statement of his service record] [witness] [and the cross-examination is recorded on page[s] _____].Q.Do you wish to give evidence yourself or to call other witnesses as to your character or mitigation of punishment?A. The evidence for the defence as to the accused’s character and in mitigation of punishment, is recorded on page[s] _____.Q.Do you wish to address the court in mitigation of punishment?A. The __________________17 [make an address in mitigation of punishment, which is summarised [below] [on page[s] _____] [hands in a written address in mitigation of punishment, which is read, marked _____ and signed by the president, and attached to the record]. [The list of offences which the court has, with the consent of the prosecutor and the accused, agreed to take into consideration is read to the accused, signed by him, marked _____ and signed by the president, and attached to the record.]18 [The court closes to deliberate on the sentence.] The court sentences the accused __________19 to:20 The accused is brought before the court. Any written judgment of the court is read. The sentence is announced in open court. The president announces that the trial is concluded. Signed on __________ at _________. [Signature, rank and name of president]PresidentGeneral Court Martial [Signature and name of judge advocate][Judge Advocate] 4Delete unless the court is a field general court martial.5If there is an objection, the proceedings relating to the objection shall be recorded on a separate numbered page, and the fact that this has been done should be recorded in this space with the number of the page.6Delete “first” if there is only one charge.7Delete if not applicable.8Remove the pages under this Part if there is no plea of not guilty.9If the accused asks for an adjournment, the proceedings relating to the application shall, if necessary, be recorded on a separate numbered page, and the fact that this has been done should be recorded in this space with the number of the page.10Delete if the accused does not intend to call any witness as to the facts other than himself.11Insert the NRIC number, rank/grade, name and unit or other description of the accused.12Set out the finding on each charge in the appropriate form in the Fourth Schedule.13Remove this page if the accused is not acquitted of all charges.14Remove this page if there is no plea of guilty.15Insert the NRIC number, rank/grade, name and unit or other description of the accused.16Delete if the prosecutor tenders a written statement of the accused’s service record in accordance with regulation 44(3) and the accused declines to cross-examine the maker of the written statement.17Insert “accused”, “defending officer” or “defending counsel”, as the case may be.18Delete this paragraph if the court has not been requested to take into consideration any other offence.19Insert the NRIC number, rank/grade, name, and unit or other description of the accused.20Set out the sentence in the appropriate form in the Sixth Schedule.