Singapore legislation

Regulation 30

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

Regulation 30

Investigations

Subregulation 1

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 —

(a)

hear the evidence in accordance with regulation 31; or

(b)

if the SAFVC disciplinary officer is so empowered, cause the charge to be investigated by an investigating officer and read and consider the investigation material.

Subregulation 2

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.

Subregulation 3

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.

Subregulation 4

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.

Subregulation 5

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.

Subregulation 6

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.

Subregulation 7

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.

Subregulation 8

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