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Objection under section 108 or 111 of Act

Singapore Armed Forces (Subordinate Military Courts) Regulations 2004

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—(1) The accused may, before pleading to a charge, object to the court trying him on the charge by reason of section 108 or 111 of the Act.(2) If the accused makes an objection under paragraph (1) —(a)the accused may adduce evidence in support of the objection and the prosecutor may adduce evidence in answer thereto; and(b)the prosecutor may address the court in answer to the objection and the accused may reply to the prosecutor’s address.(3) If the court decides that it cannot try the accused on the charge by reason of section 108 or 111 of the Act, it shall record the reasons for its decision in the record of proceedings and —(a)if the charge is the only charge against the accused, the court shall be dissolved; or(b)if there is any other charge against the accused —(i)to which the accused makes no objection under paragraph (1); or(ii)which the court decides it is not precluded by section 108 or 111 of the Act from trying the accused on,the court shall try the accused on that other charge.

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