Yes, the Military Police (MP) will look for you at your home and
workplace, and you will be charged for Absent Without Official
Leave (AWOL).
Source: www.ns.sg
Military Justice System in the
SAF
1. Overview
The military justice system in the Singapore Armed Forces (SAF) is
expected to treat every service personnel fairly and equally,
regardless of race, rank or vocation.
2. Multi-levelled Approach
The military justice system is based on the SAF Act, which was
implemented in 1972. All servicemen are subjected to the SAF Act,
SAF Regulations, and orders of whatever form issued pursuant to
them.
While discipline is paramount in the military, not all offences
committed by SAF servicemen are dealt with by formal investigations
and charges. Essentially, offenders can be dealt with either by way
of informal or formal punishment systems.
3. Informal Punishment System
Commanders are empowered to mete out informal punishments like
push-ups and weekend confinement to servicemen who have committed
disciplinary breaches, like being late, sluggish, or improperly
dressed.
4. Formal Punishment System
If the offence that a serviceman committed is of a more serious
nature, he may be formally dealt with by his disciplinary officer
by way of a summary trial, or brought before a subordinate military
court (more commonly known as the General Court Martial or
GCM).
(a) Summary Trial
The offences that can be dealt with by summary trial are
essentially military offences, such as absence without leave
(AWOL), non-compliance with lawful orders or insubordination.
Depending on the rank of the serviceman in question, and the type
of the disciplinary body hearing the case, the possible sentences
that may be imposed can vary, and these can include fines or
detention.
The summary trial is carried out in accordance with relevant SAF
regulations, and the records of the summary trial are sent to the
office of the Director, Legal Services of the SAF.
(b) General Court Martial
The General Court Martial exists as a separate forum from that of
the summary trial. Unlike the summary trial, the GCM can deal with
a wider range of offences, and can impose a wider range of
punishments including imprisonment and discharge, on top of
sentences like detention and fines. The GCM is also a more public
and open forum, and its proceedings are conducted using similar
legal rules and procedures as those used in a civil criminal
court.
Generally, only serious offences investigated by the Military
Police Command, and which are referred to the office of the
Director of Legal Services, will result in the accused serviceman
being charged in a GCM. In such a case, a military prosecutor will
draw up a formal charge sheet and present it before the GCM.
General Courts Martial can be further sub-divided into two
categories, namely the Panel Courts Martial - consisting of a
President and usually two other members, and Judge Courts Martial -
consisting of a single President only.
Currently, the practice is for military offences to be heard by
Panel Courts Martial, while civil offences like misuse of drugs and
penal code offences may be dealt with by a Judge Court Martial.
The current policy is also for an NSman, who is or was a District
Judge in the Subordinate Courts, to preside in a GCM. There are
currently 10 NSmen who have been appointed by the Armed Forces
Council to perform duty as President of a court martial. They are
rostered by the Registrar of the Subordinate Military Court to hear
cases during their in-camp training. In the case of a Panel Court
Martial, the other two members are rostered from among some 155
military officers appointed by the Chief of Defence Force.
5. Ways to Seek Redress
There are numerous safeguards and avenues set out in the military
justice system for an SAF serviceman to seek redress if he is
unhappy about the punishment imposed on him.
Generally, a serviceman who is dissatisfied with an informal
punishment meted out to him may request a higher level commander to
review the punishment, or request for formal disciplinary
dealing.
In the case of a summary trial, a serviceman brought before the
disciplinary officer may elect instead to be tried by a court
martial. Alternatively, an aggrieved serviceman may request that
his conviction or punishment imposed at the summary trial be
reviewed by MINDEF's Director Manpower (a delegated authority of
the Armed Forces Council).
In the case of a GCM, a serviceman may choose to be represented by
a lawyer or an SAF defending officer if his case will be heard by a
court martial. The SAF has about 200 trained defending officers.
While an SAF defending officer comes free to the serviceman, he has
to bear the cost of engaging a lawyer. At the end of the trial, a
serviceman who is dissatisfied with the decision of the court
martial may petition the Reviewing Authority (the AFC or a
committee of its members) for a review of his case. The serviceman
can also appeal to the Military Court of Appeal (MCA) for a
reconsideration of his conviction, or his sentence, or both.
The MCA, when convened to hear an appeal, sits as a panel of five
members. Heading the MCA is a President, who is appointed by the
Chief Justice. By law, he must be a person qualified to be a Judge
of the Supreme Court. The current President of the MCA is Justice
Choo Han Teck. Four other members - two civilian members who are
qualified legal practitioners with at least five years experience
each, and two senior military officers - make up the rest of the
MCA. The MCA is the highest court in the military justice
system.
6. Impartial Hearings
It is important to recognise that the GCM and the MCA are tribunals
headed by presidents who are outside the SAF chain of command.
Being an "outsider", the president of these forums will hear the
case impartially like any other civil criminal case. The
proceedings in the GCM and the MCA are also heard in a public
forum, and these military courts adopt many of the same legal
procedures and safeguards as that used in the civil criminal
courts. All servicemen formally charged with an offence can bring
their case to these forums.
Singapore Armed Forces Military Police Command
(SAFMPC/ 新加坡武装部队宪兵司令部)
The formation is headed by the Command Headquarters which oversees
its daily operations, and supported by four units specialising in
the various specific operational responsibilities of the SAF
MPC.
The four units are:
Military Police Enforcement Unit (MPEU): The unit
consists of the Law Enforcement and Ceremonial Company (LECC), the
Security Operation Unit (SOU) and the Special Security and
Protection (SSP) Branch. It is the active wing of the SAF MPC and
executes most of the operational and ceremonial duties and roles
carried out by the SAF MPC.
The LECC was formed by combining the former Active Provost Company
(APC) and the former Zone Provost Company (ZPC). Its duties include
most of the important ceremonial duties required within the SAF as
previously handled by the APC, and a traffic platoon which ensures
the compliance of traffic regulations by military personnel on the
road as well as performing escort duties. It also performs regular
raids for contraband and/or miscreants on various camps of the SAF
as was conducted by the ZPC. Enforcement
Platoon (also known as Platoon 2) performs regular operations in
residential areas, workplaces, and many public places such as
shopping centres, clubs and eating outlets to
apprehend deserters, AWOL offenders, drug
addicts and other military criminals. They work closely
with the Singapore Police Force and are often in very dangerous
situations and are extremely well trained for handling the varied
scenarios that they find themselves in. This is also the platoon
that enforces the public image of the SAF by booking offenders who
smoke in uniform and commit other offences in uniform while in the
eye of the public. It is worth noting that they
perform undercover security operations for high-key events like the
National Day Parade and the Youth Olympic Games. The security of
Mowbray Station is overseen by a platoon who is also in charge of
registering and detaining suspects and offenders of military crimes
in holding cells. The station is similar to a civilian police
station and it is usually the first stop for detainees before their
transfer to the detention barracks after conviction in military
courts, or a temporary holding cell for servicemen placed under
Closed Arrest. The investigative branch for the SAF, the Special
Investigation Branch (SIB) investigates higher-order military
crimes that requires specialised handling. Since 31 December 8,
MPEU has heralded the inclusion of a new branch within its ranks.
The Security Support and Protection (SSP) Branch is involved in
sensitive operations so no further information is available.
SAF Detention Barracks (SAFDB): Headed by a
commandant, DB consists of MPs in charge of supervision of
detainees of the SAF who have been convicted in military
courts.
Military Police Training School (MPTS): Formerly
known as the School of Provost, MPTS is in charge of equipping
trainees with necessary and fundamental military policing skills as
well as instilling in them a high standard of discipline through
the vocational courses and specialised courses such as the Silent
Precision Drill Courses. MPTS also legislation courses for senior
commanders all over the SAF. In addition, the SAF Military Working
Dog Unit is a wing under MPTS and it is in charge of all dog
training and doctrine matters of the SAF.
SAF MP Command Head Quarters (HQ): The Head Quarters
of the Command comprises various branches, namely the Human
Resource (HR), Intelligences and Security Branch (ISB), General
Staff Branch (GS), the Special Investigation Branch (SIB) and
Logistic Branch. Each branch is headed by a branch head who serves
concurrently as the Command's Manpower, Intelligence, Ops and
Training and Logistics Officer.
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