Singapore legislation

Regulation 31

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

Regulation 31

Hearing of evidence by SAFVC disciplinary officer

When an SAFVC disciplinary officer deals with a charge by hearing the evidence, the following procedure must be observed:

(a)

each prosecution witness must give the witness’ evidence orally in the presence of the accused, or the SAFVC disciplinary officer must read to the accused a written statement made by the witness, except that a written statement of a prosecution witness must not be used if the accused requires that the witness gives the witness’ evidence orally;

(b)

the accused must be allowed to cross‑examine any prosecution witness;

(c)

the accused may, on the accused’s own behalf, give evidence on oath or affirmation or may make a statement without being sworn or affirmed;

(d)

the accused may call witnesses in the accused’s defence, who must give their evidence orally and in the accused’s presence;

(e)

the SAFVC disciplinary officer must at this stage decide upon the evidence whether to dismiss the charge, convict the accused or, in accordance with the SAFVC disciplinary officer’s powers under these Regulations, refer the charge to an SAFVC senior disciplinary officer, the SAFVC Commander or the Director, Legal Services of the Singapore Armed Forces;

(f)

the SAFVC disciplinary officer, if the SAFVC disciplinary officer is satisfied on the evidence as to the accused’s guilt, must, before recording a conviction or awarding any punishment, examine the conduct sheets of the accused and may hear evidence relating to the character of the accused or any other evidence for the purpose of determining the punishment;

(g)

the SAFVC disciplinary officer, if the SAFVC disciplinary officer considers that in the circumstances of the case a proper punishment for the offence would be a punishment other than a reprimand or a minor punishment, must, before recording a conviction or awarding any punishment, afford the accused an opportunity of electing to be tried by a subordinate military court;

(h)

if the accused does not elect to be tried by a subordinate military court, the SAFVC disciplinary officer must proceed to conviction and the award of punishment;

(i)

the evidence must not be given on oath or affirmation unless the SAFVC disciplinary officer so directs or the accused so demands;

(j)

when a witness objects to taking an oath, the SAFVC disciplinary officer must cause the witness to make an affirmation;

(k)

if the evidence is given on oath or affirmation, the SAFVC disciplinary officer must, subject to the accused’s right to make a statement without being sworn or affirmed, administer the oath or affirmation to each witness and to any interpreter in accordance with regulation 42;

(l)

any witness testifying in a disciplinary proceeding is liable to be asked questions by the SAFVC disciplinary officer; and

(m)

the SAFVC disciplinary officer may adjourn the disciplinary proceeding if the SAFVC disciplinary officer considers that the interests of justice so require.