81.—[1] The general courts martial consist of the following courts:
[17/2004][a]
judge courts martial;
[b]
panel courts martial.
[2] Every general court martial is constituted —
[a] | by the convening authority; and |
[b] | subject to subsection [7], from the members of the general courts martial panel. [17/2004] |
[3] A judge court martial consists of a president, who must be a qualified person and, subject to subsection [6][a], an officer of or above the rank of major or a senior military expert of or above the rank of ME5.
[17/2004; 28/2009]
[4] A panel court martial consists of the following members:
[a] | a president who, subject to subsections [6][b] and [7], must be an officer of or above the rank of major or a senior military expert of or above the rank of ME5; and | ||||
[b] | subject to subsections [5] and [6][c], 2 or any greater even number of other members —
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[5] Where a panel court martial is constituted for the trial of a non‑uniformed serviceman, the members mentioned in subsection [4][b] may include, in place of the corresponding number of officers or senior military experts, not more than 2 non‑uniformed servicemen in officer grades.
[17/2004; 28/2009]
[6] Where the accused is of or above the rank of lieutenant‑colonel or ME6 —
[a] | the president of any judge court martial constituted for the trial of the accused must be an officer, or a senior military expert, who is equivalent or superior in rank to the accused; |
[b] | subject to subsection [7], the president of any panel court martial constituted for the trial of the accused must be an officer, or a senior military expert, who is equivalent or superior in rank to the accused; and |
[c] | if a panel court martial is constituted for the trial of the accused, at least 2 of the members under subsection [4][b] must be of or above the rank of lieutenant‑colonel or ME6. [17/2004; 28/2009] |
[7] Where the accused is charged with —
[a] | murder or culpable homicide not amounting to murder; |
[b] | an offence under section 121 or 121A of the Penal Code 1871; or |
[c] | any other offence for which the punishment of death is authorised under any written law, |
and the charge is to be tried by a general court martial, the accused must be tried before a panel court martial and the president of the panel court martial must be a Supreme Court Judge appointed by the Chief Justice.
[17/2004; 40/2019]
[8] Where none of the members of a panel court martial is a qualified person, a judge advocate designated by the convening authority must officiate in any trial before that court in accordance with regulations of procedure made under section 93.
[17/2004]
[9] Subject to subsection [7], every general court martial has jurisdiction to try any person subject to military law for any offence under this Act and to award for the offence any punishment authorised by this Act.
[17/2004]
[10] Unless the Director, Legal Services of the Singapore Armed Forces directs otherwise, where a charge is to be tried by a general court martial, the charge must be tried by a panel court martial.
[17/2004]
[11] Subject to subsection [7], where, before the start of any trial before a general court martial —
[a] | the president or any member of the court dies; or | ||||
[b] | the convening authority ascertains that the president or any member of the court —
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the convening authority may designate another person from the general courts martial panel to fill the vacancy.
[17/2004]
[12] Subject to subsection [13], any question as to —
[a] | the guilt of the accused; or |
[b] | the sentence to be imposed on the accused, |
must be decided by a panel court martial in accordance with the opinion of the majority of the members of that court.
[17/2004]
[13] Where the accused is charged with any offence for which the punishment of death is authorised under any written law —
[a] | the accused must not be convicted of that offence unless the members of the panel court martial reach a unanimous decision that the accused is guilty of that offence; and |
[b] | if the members of that court fail to reach a unanimous decision, the accused may, if the members of that court by majority decision agree, be convicted of any lesser offence authorised by this Act. [17/2004] |
[14] Where the convening authority has authorised the registrar for subordinate military courts or any other person to exercise the powers conferred and perform the duties imposed on the convening authority under subsection [2], [8] or [11], the registrar or person is entitled to exercise those powers and perform those duties.
[17/2004]