Singapore Armed Forces (Volunteer Corps — Ranks, Disciplinary Proceedings and Miscellaneous Powers) Regulations 2015

Every SAFVC volunteer is to perform voluntary service in the division of the Singapore Armed Forces known as the People’s Defence Force.

The SAFVC Commander may deploy an SAFVC volunteer to any department of the Ministry of Defence, or any detachment, unit, formation or command of the Singapore Armed Forces, for any period.

To avoid doubt, an SAFVC volunteer who is deployed in accordance with paragraph (2) performs voluntary service in accordance with paragraph (1) despite the deployment.

For the purposes of any deployment referred to in paragraph (2), the SAFVC Commander must issue a notice or direction setting out the terms and conditions of the deployment, and specifying the officer (or senior military expert) to whom the SAFVC volunteer must report to during the period of deployment.

The following individuals may give lawful orders to the SAFVC volunteer during the period of deployment:

Before an allegation against any accused that the accused has committed an offence under the Act is further proceeded with, the allegation must be reported in the form of a charge to an SAFVC disciplinary officer and dealt with in accordance with the provisions of these Regulations.

If the accused is an SAFVC volunteer of or above the rank of SAFVC Volunteer 3, the charge must, within the time specified in regulation 29, be brought before an SAFVC senior disciplinary officer.

If the accused is an SAFVC volunteer of or below the rank of SAFVC Volunteer 2, the charge must, within the time specified in regulation 29, be brought before an SAFVC junior disciplinary officer.

An SAFVC disciplinary officer must not dismiss a charge unless the SAFVC disciplinary officer is satisfied that —

An SAFVC disciplinary officer must record the reasons for the dismissal of a charge.

An SAFVC senior disciplinary officer may, upon conviction of an accused, impose any one of the following punishments: (a)reduction in rank;

In addition to or in lieu of any other punishment, the SAFVC senior disciplinary officer may order that the accused suffer any deduction from the accused’s ordinary pay authorised by the Act.

The SAFVC Commander may, upon conviction of an accused, impose any one of the following punishments: (a)reduction in rank;

In addition to or in lieu of any other punishment, the SAFVC Commander may order that the accused suffer any deduction from the accused’s ordinary pay authorised by the Act.

Where an accused is convicted by an SAFVC disciplinary officer, the SAFVC disciplinary officer may, in addition to any other punishment but subject to paragraph (2), order the accused to pay compensation to the party who suffered damage or loss by reason of the offence.

The amount of compensation that may be ordered —

The Armed Forces Council may, upon the advice of the Director, Legal Services of the Singapore Armed Forces —

Any substituted finding or sentence under paragraph (1) is to be treated for all purposes as a finding or sentence of the SAFVC disciplinary officer.

Where the Armed Forces Council has in any case quashed the finding, sentence, order of dismissal of a charge or award of compensation of an SAFVC disciplinary officer under paragraph (1)(a), it may —

The Armed Forces Council may at any time suspend the execution of any sentence passed by an SAFVC disciplinary officer for such period as it thinks fit.

The Armed Forces Council may delegate the exercise of its powers under paragraph (1) to any one of its members or to its secretary.

An SAFVC disciplinary officer who has proceeded to deal with a case summarily and is satisfied on the evidence as to the guilt of the accused must, before proceeding to conviction and punishment, other than a reprimand or minor punishment, afford the accused an opportunity of electing to be tried by a subordinate military court.

If the accused so elects, the SAFVC disciplinary officer must forward the documents specified in regulation 40(1) to the Director, Legal Services of the Singapore Armed Forces who may —

Subject to this regulation, no person is to be tried under these Regulations —

Despite paragraph (1), the Armed Forces Council or any person authorised by the Council, may by order in writing direct a person to be tried after the expiry of the period of 6 months or 3 years referred to in paragraph (1) where the circumstances of the case so warrant.

No person is to be tried after the expiry of any time limit specified in section 111 of the Act for the trial of any offence referred to in that section.

If an allegation against any accused that the accused has committed an offence is reported to an SAFVC disciplinary officer who is empowered to deal with the accused under regulation 8, the SAFVC disciplinary officer must, unless it is impracticable —

If an allegation against any accused that the accused has committed an offence is reported to an SAFVC disciplinary officer who is not empowered to deal with the accused under regulation 8, the charge must, unless it is impracticable, be brought before the appropriate SAFVC disciplinary officer within 48 hours of the report being made to the first‑mentioned SAFVC disciplinary officer.

An SAFVC disciplinary officer before whom a charge is brought by virtue of paragraph (2) must, unless it is impracticable —

Subject to this regulation, when an SAFVC disciplinary officer deals with a charge, the SAFVC disciplinary officer must first read and, if necessary, explain the charge to the accused, and must then —

Even though an SAFVC disciplinary officer has heard all or part of the evidence, the SAFVC disciplinary officer may, if so empowered, cause the charge to be investigated by an investigating officer.

After the charge has been investigated and an SAFVC disciplinary officer has considered the investigation material, the SAFVC disciplinary officer may hear evidence in accordance with regulation 31.

Before an SAFVC senior disciplinary officer refers a charge to the SAFVC Commander recommending that the accused be tried by a subordinate military court, or before the SAFVC Commander refers a charge to the Director, Legal Services of the Singapore Armed Forces, the SAFVC senior disciplinary officer or the SAFVC Commander, as the case may be, must cause the charge to be investigated by an investigating officer.

An SAFVC disciplinary officer must in any event cause a charge to be investigated by an investigating officer where an accused has elected to be tried by a subordinate military court.

Where an accused elects to be tried by a subordinate military court while the accused’s charge is being dealt with by an SAFVC junior disciplinary officer, the charge must be forwarded to an SAFVC senior disciplinary officer for investigation by an investigating officer before it is forwarded to the Director, Legal Services of the Singapore Armed Forces.

Where the evidence revealed in accordance with this regulation discloses an offence other than the offence which is the subject of the investigation, a new charge alleging that offence may be preferred against the accused in addition to, or in substitution for, the original charge.

The investigation of the original charge may be treated, for the purposes of these Regulations, as the investigation of the added or substituted charge.

When a charge is referred with a recommendation that it should be tried by a subordinate military court or when a charge is referred to the Director, Legal Services of the Singapore Armed Forces, the following documents must be forwarded:

When a person has elected to be tried by a subordinate military court, all the documents referred to in paragraph (1) must be referred to the Director, Legal Services of the Singapore Armed Forces.

Where the evidence before any disciplinary proceedings under these Regulations is to be taken on oath or affirmation, the officer conducting the disciplinary proceedings must cause the oath or affirmation to be taken as follows: By interpreter: I swear that I will to the best of my ability truly interpret and translate as I shall be required to do touching the matter being investigated. So help me God. By witness: I swear that the evidence which I shall give at this investigation shall be the truth, the whole truth and nothing but the truth. So help me God. By child or young person: I promise that the evidence which I shall give at this investigation shall be the truth, the whole truth and nothing but the truth. So help me God.

A person making a solemn affirmation is to say to or repeat after the person administering the solemn affirmation the words of the appropriate form of oath, except that for the words “I swear” the person is to substitute the words “I (name in full) do solemnly, sincerely and truly declare and affirm” and shall omit the words “So help me God”.

The opening words of the oath or affirmation may be varied to such words, and the oath or affirmation may be administered in such manner, as the person taking the oath or affirmation declares to be binding on the person’s conscience.

A charge report must be prepared in Form 1 in the Schedule.

The proceedings before an SAFVC junior disciplinary officer, an SAFVC senior disciplinary officer or the SAFVC Commander must be recorded in Form 2 in the Schedule.

The terms of payment of a fine are in the discretion of the SAFVC disciplinary officer.

Without prejudice to the generality of paragraph (1), an SAFVC disciplinary officer may —

Where 2 or more charges have been preferred against an accused and an SAFVC disciplinary officer proposes to deal summarily with all the charges, the charges must be dealt with at the same time.

When dealing with 2 or more charges, an SAFVC disciplinary officer may award one punishment for all the charges or separate punishments for each charge as the SAFVC disciplinary officer thinks fit.

A punishment awarded under these Regulations, whether the person to whom it is to be awarded is already undergoing punishment or not, takes effect from the date of award, unless the SAFVC disciplinary officer awarding the punishment otherwise directs.

Any SAFVC volunteer who feels wronged in any matter by any serviceman may complain to an officer who is authorised by the SAFVC Commander to hear any such complaint.

The authorised officer to whom the complaint is made must cause the complaint to be enquired into, and must take such steps as may be necessary to do justice in the matter.