A summary trial usually involves a less formal type of prosecution, with servicemen being charged and sentenced by superiors – from the same unit or otherwise – in SAF camps.
While Dr Ng did not specify examples of minor offences, he mentioned common offences such as smoking outside designated areas in SAF camps and not completing the yearly individual physical proficiency test (IPPT).
However, offences are assessed on a case-by-case basis with factors like repeat offences taken into consideration.
INCREASE IN MAXIMUM FINES
For minor offences dealt with by summary trial, a junior disciplinary officer can now impose on a soldier ranked third sergeant and below a maximum fine of S$600, up from S$300.
The most senior disciplinary officer is the Chief of Defence Force, who will be able to impose a maximum fine of S$10,000, up from S$6,000. SAF officers who commit an offence will usually need to be charged by a more senior disciplinary officer.
“These proposed fine limits do not exceed the Magistrates’ Courts’ fine limit, which is currently set at S$10,000,” Dr Ng said.
The fine limits that can be imposed by the Subordinate Military Court will also be increased for the first time since 2006.
For officers, the maximum fine will increase from S$10,000 to S$30,000. For soldiers, it will increase from S$5,000 to S$15,000. The fine limit for a Senior Disciplinary Committee will similarly be increased from S$10,000 to S$30,000.
These increases also take reference from civilian courts and are similar to the District Courts’ fine limit, which is currently set at S$30,000 in the Criminal Procedure Code, Dr Ng said.
MP Louis Ng (PAP-Nee Soon) asked how the “significant increase” in fines that could be imposed by the Subordinate Military Court was decided, and whether there will be clear sentencing guidelines.
In response, Dr Ng said even with the increase, the military courts and disciplinary officers will still have to assess the specific circumstances of the case and decide on the appropriate fine to impose.
“MINDEF (Ministry of Defence) and SAF have established guidelines on fine amounts based on offence severity and rank of the offender, and we’ll adjust these guidelines … when the amendments take effect,” he said.
INTRODUCTION OF COMPOSITION FINES
As for composition fines, Dr Ng pointed out that there is currently no option for MINDEF to offer composition for minor military offences.
The amendments allow for composition fines of up to S$5,000, or half of the maximum fine prescribed for the offence, or half the maximum fine that may be imposed for the offence at summary trial, whichever is lowest. This will help to resolve minor offences “efficaciously while maintaining deterrence”, he said.
Designated officers will be authorised by the Armed Forces Council to offer composition to such offenders. These officers will not be in the same chain of command as the accused serviceman.
“This will ensure that an independent officer assesses the circumstances of the case before making an offer of composition,” Dr Ng said.
Composition fines with identical limits will also be introduced for Singapore Police Force (SPF) and Singapore Civil Defence Force (SCDF) personnel who commit minor disciplinary or service offences respectively.
Composition fines in the SPF will apply to full-time national servicemen (NSF), operationally ready national servicemen (NSmen), volunteer ex-NSmen, volunteers serving under the Special Constabulary, and special police officers.
Composition fines in the SCDF will apply to NSFs, NSmen, volunteer ex-NSmen and auxiliary members, the Ministry of Home Affairs said.