1. This Act is the Extradition Act 1968.
Extradition Act 1968
An Act to provide for the extradition of fugitives to and from Commonwealth countries and foreign States and for matters connected therewith.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
PART 1 — PRELIMINARY
2.—(1) In this Act, unless the context otherwise requires —[Deleted by Act 17 of 2022 wef 01/07/2022]
“authorised officer” means —(a)
the Director, any Deputy Director, any Divisional Director or any other officer, of the Central Narcotics Bureau, appointed under section 3(1) of the Misuse of Drugs Act 1973;
(b)
the Director, any deputy director, any assistant director or any special investigator, of the Corrupt Practices Investigation Bureau appointed under section 3(1) and (2) of the Prevention of Corruption Act 1960;
(c)
any Commercial Affairs Officer appointed under section 64(1) of the Police Force Act 2004;
(d)
the Controller of Immigration or any immigration officer appointed under section 3(1) of the Immigration Act 1959;
(e)
the Director-General of Customs, any Deputy Director-General of Customs or any Assistant Director-General of Customs appointed under section 4(1) and (2), any senior officer of customs appointed under section 4(4), or any officer of customs appointed under section 5(2), of the Customs Act 1960;
(f)
any police officer; or
(g)
any other person or class of persons appointed by the Minister as an authorised officer or authorised officers for the purposes of this Act;[Act 17 of 2022 wef 01/07/2022]
“Convention offence” means an offence specified in the Fourth Schedule by reference to a specified written law relating to a multilateral convention or treaty;[Act 17 of 2022 wef 01/07/2022]
“Convention State” means a state or territory that is a party to the multilateral convention or treaty defined in each written law specified in the Fourth Schedule;[Act 17 of 2022 wef 01/07/2022]
“declared Commonwealth territory” means a state or territory declared to be a Commonwealth territory under section 6;[Act 17 of 2022 wef 01/07/2022]
“excluded offence” means an offence described or specified in the First Schedule;[Act 17 of 2022 wef 01/07/2022]
[Deleted by Act 17 of 2022 wef 01/07/2022]
[Deleted by Act 17 of 2022 wef 01/07/2022]
“extradition offence” means —(a)
in relation to a request made by Singapore —(i)
an offence (wherever committed) against the law in force in Singapore that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and
(ii)
the offence is not an excluded offence;
(b)
in relation to a request made by a foreign State or a declared Commonwealth territory —(i)
an offence against the law of, or of a part of, the foreign State or the declared Commonwealth territory that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and
(ii)
the act or omission constituting the offence or the equivalent act or omission would, if it took place in or within the jurisdiction of Singapore, constitute an offence against the law in force in Singapore that —(A)
carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment; and
(B)
is not an excluded offence; or
(c)
any offence that is deemed to be an extradition offence under this Act or a written law relating to a multilateral convention or treaty specified in the Fourth Schedule;[Act 17 of 2022 wef 01/07/2022]
“extradition treaty” means a treaty or agreement made by Singapore with a foreign State relating to the extradition of fugitives, and includes any treaty or agreement relating to the extradition of fugitives made before 9 August 1965 which extends to, and is binding on, Singapore;
“foreign State”, in relation to —(a)
an extradition request made to Singapore, means —(i)
any foreign State; or
(ii)
any territory specified in the Third Schedule,
between which and Singapore an extradition treaty is in force; and
(b)
an extradition request made by Singapore, means —(i)
any foreign State; or
(ii)
any territory (including any territory specified in the Third Schedule);[Act 42 of 2024 wef 28/03/2025]
“foreign warrant” means a judicial or other document issued under the law of, or of a part of, a foreign State and authorising the apprehension of a person;
“fugitive” means a person who is accused of an extradition offence that is alleged to have been committed, or convicted of an extradition offence that was committed at a place within the jurisdiction of a foreign State or a declared Commonwealth territory or of a part of such State or territory and is, or is suspected to be, in Singapore;[Act 17 of 2022 wef 01/07/2022]
“material” includes any book, document or other record in whatever form, and any container or article relating thereto;[Act 17 of 2022 wef 01/07/2022]
“overseas warrant” means a judicial or other document issued under the law of, or of a part of, a declared Commonwealth territory and authorising the apprehension of a person;[Act 17 of 2022 wef 01/07/2022]
“prison” has the meaning given by section 2 of the Prisons Act 1933;[Act 17 of 2022 wef 01/07/2022]
“thing” includes material.[Act 17 of 2022 wef 01/07/2022]
(2) A reference in this Act to a fugitive from a foreign State or declared Commonwealth territory is a reference to a fugitive accused of an extradition offence that is alleged to have been committed, or convicted of an extradition offence that was committed, at a place in that State or territory or within the jurisdiction of, or of a part of, that State or territory.[Act 17 of 2022 wef 01/07/2022]
(3) To avoid doubt, an offence is not prevented from falling within the definition of “extradition offence” in subsection (1) merely because it is an offence of a purely fiscal character.[Act 17 of 2022 wef 01/07/2022]
(4) For the purposes of this Act, an offence against the law of, or of a part of, a foreign State or declared Commonwealth territory may be regarded as being an offence of a political character notwithstanding that there are not competing political parties in that State or territory.[Act 17 of 2022 wef 01/07/2022]
(5) For the purposes of this Act —(a)
a colony, territory or protectorate of a foreign State or of a country other than Singapore;
(b)
a territory for the international relations of which a foreign State or a country other than Singapore is responsible; and
(c)
a ship or aircraft of, or registered in, a foreign State or a country other than Singapore,
are, unless the contrary intention appears, each deemed to be within the jurisdiction, and to be part, of that foreign State or of that country.
[Act 17 of 2022 wef 01/07/2022]
(6) For the purposes of this Act, a person convicted of an offence in his or her absence is to be treated as a person accused of that offence.[Act 17 of 2022 wef 01/07/2022]
(7) [Deleted by Act 17 of 2022 wef 01/07/2022]
(8) [Deleted by Act 17 of 2022 wef 01/07/2022]
PART 2 — APPLICATION OF ACT
s 3Application of this Act (except for Parts 5 and 6) in relation to foreign States to which Extradition Acts 1870 to 1935 appliedOpen ↗
3.—(1) Where, immediately before 1 August 1968 —(a)
under an Order in Council in force under the Imperial Acts known as the Extradition Acts 1870 to 1935, those Acts applied in the case of a foreign State specified in the Order; and
(b)
those Acts, as they so applied, extended to Singapore,
this Act (except for Parts 5 and 6) applies in relation to that State.
[Act 17 of 2022 wef 01/07/2022]
(2) If the operation of the Order was subject to any limitations, conditions, exceptions or qualifications, then, subject to this section and sections 4 and 5, this Act (except for Parts 5 and 6) applies in relation to that State subject to those limitations, conditions, exceptions or qualifications.[Act 17 of 2022 wef 01/07/2022]
(3) The Minister may by notification in the Gazette direct that this Act (except for Parts 5 and 6) ceases to apply in relation to a foreign State specified in the notification, being a foreign State in relation to which this Act applied by virtue of subsection (1), and, upon the coming into operation of a notification that so provides, this Act (except for Parts 5 and 6) ceases to apply in relation to that State.[Act 17 of 2022 wef 01/07/2022]
(4) The coming into operation of a notification made for the purposes of subsection (3) in relation to a foreign State does not prevent this Act (except for Parts 5 and 6) from again applying in relation to that State by virtue of a notification made for the purposes of section 4.[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
s 4Act (except for Parts 5 and 6) may be applied in relation to foreign State by Gazette notificationOpen ↗
4.—(1) Where, after 1 August 1968, an extradition treaty (including an extradition treaty that affects or amends an earlier extradition treaty) comes into force between Singapore and a foreign State —(a)
if this Act (except for Parts 5 and 6) applies in relation to the foreign State at the time of the coming into force of that treaty — the Minister may by notification in the Gazette direct that this Act (except for Parts 5 and 6) applies in relation to that State after that time subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the notification; or[Act 17 of 2022 wef 01/07/2022]
(b)
if this Act (except for Parts 5 and 6) does not apply in relation to the foreign State at the time of the coming into force of that treaty — the Minister may by notification in the Gazette direct that this Act (except for Parts 5 and 6) applies in relation to that State after that time and may also provide that it so applies subject to such limitations, conditions, exceptions or qualifications as are necessary or desirable to give effect to that treaty and are specified in the notification.[Act 17 of 2022 wef 01/07/2022]
(2) The limitations, conditions, exceptions or qualifications referred to in subsection (1) may, in relation to a foreign State, be expressed in the form that this Act (except for Parts 5 and 6) applies in relation to that State subject to the extradition treaty referred to in that subsection.[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
s 5Effect of applying this Act (except for Parts 5 and 6) in relation to foreign State by Gazette notificationOpen ↗
5.—(1) Subject to subsection (2) where the notification for the time being in force provides that this Act (except for Parts 5 and 6) applies in relation to a foreign State, this Act (except for Parts 5 and 6) applies in relation to that State.[Act 17 of 2022 wef 01/07/2022]
(2) Where the notification for the time being in force provides that this Act (except for Parts 5 and 6) applies in relation to a foreign State subject to any limitations, conditions, exceptions or qualifications, this Act (except for Parts 5 and 6) applies in relation to that State subject to those limitations, conditions, exceptions or qualifications.[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
6.—(1) The Minister may declare a state or territory to be a Commonwealth territory in relation to which this Act (except for Part 6) applies and, subject to subsection (2), where there is such a declaration for the time being in force, this Act (except for Part 6) applies in relation to that state or territory.
(2) The Minister may provide in the declaration mentioned in subsection (1) that this Act (except for Part 6) applies in relation to a declared Commonwealth territory subject to any limitations, conditions, exceptions or qualifications that are prescribed and, where the declaration for the time being in force so provides, this Act (except for Part 6) applies in relation to that territory subject to those limitations, conditions, exceptions or qualifications.[Act 17 of 2022 wef 01/07/2022]
PART 3 — EXTRADITION FROM SINGAPORE
7.—(1) Where this Part applies in relation to a foreign State or declared Commonwealth territory, every fugitive from that State or territory is liable to be apprehended and surrendered to that State or territory, subject to —(a)
this Part;
(b)
any limitations, conditions, exceptions or qualifications to which the application of this Part in relation to that State or territory is subject; and
(c)
in the case of a declared Commonwealth territory, Part 5.
(2) Every fugitive mentioned in subsection (1) is liable under that subsection whether the offence to which the request for the surrender of the fugitive relates is alleged to have been committed, or was committed, before, on or after 1 August 1968 or before, on or after the date —(a)
in the case of a foreign State — when this Part commenced to apply in relation to that State; and
(b)
in the case of a declared Commonwealth territory —(i)
when that territory became a declared Commonwealth territory; or
(ii)
if the territory was a declared Commonwealth country under section 19(1) as in force immediately before the date of commencement of section 7 of the Extradition (Amendment) Act 2022 — when that country became a declared Commonwealth country.[Act 17 of 2022 wef 01/07/2022]
8.—(1) Subject to section 41(2) and any limitation, condition, exception or qualification mentioned in section 4(2), a person is not liable to be surrendered to a foreign State if the offence to which the request for his or her surrender relates —(a)
is an offence of a political character; or
(b)
is, by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character.
(2) A person is not liable to be surrendered to a foreign State unless provision is made —(a)
by a law of that State; or
(b)
by an extradition treaty in force between Singapore and that State,
by virtue of which the person will not, unless he or she has been returned, or has had an opportunity of returning, to Singapore —
(c)
be detained or tried in that foreign State for any offence that is alleged to have been committed, or was committed, before his or her surrender other than —(i)
the offence to which the request for his or her surrender relates; or
(ii)
any other offence of which he or she could be convicted upon proof of the facts on which that request was based; or
(d)
be detained in that foreign State for the purpose of his or her being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to that foreign State other than an offence of which he or she could be convicted upon proof of the facts on which the request for his or her surrender was based.
(3) A person who —(a)
is held in custody, or has been released on bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore; or
(b)
is undergoing a sentence for a conviction in Singapore,
is not liable to be surrendered to a foreign State until he or she has been discharged from custody, or the bonds upon which he or she was released on bail have been discharged (as the case may be), whether as a result of his or her acquittal, on the expiry of his or her sentence, or otherwise.
(4) A person is not liable to be surrendered to a foreign State in respect of an offence if he or she —(a)
has been acquitted or pardoned by a competent tribunal or authority in any state or territory; or
(b)
has undergone the punishment provided by the law of, or of a part of, any state or territory,
in respect of that offence or of another offence constituted by the same act or omission as that offence.
(5) A person is not liable to be surrendered to a foreign State in respect of an offence if he or she has been convicted of that offence in the foreign State in his or her absence, unless —(a)
the person had deliberately absented himself or herself from his or her trial in the foreign State; or
(b)
the person would, if surrendered, be entitled to a retrial in his or her presence, during which he or she would have —(i)
the right to defend himself or herself, whether in person or through legal counsel; and
(ii)
the right to examine witnesses and to call and examine witnesses in his or her defence.
(6) A person is not liable to be surrendered to a foreign State if prosecution for the offence to which the request for his or her surrender relates is, according to the law of, or of a part of, the foreign State, barred by the passage of time.
(7) A person is not liable to be surrendered to a foreign State if the request for his or her surrender relates to an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore.
(8) Where a request for a surrender is made by a foreign State in relation to the enforcement of a sentence of imprisonment or other deprivation of liberty on a person who is a convicted fugitive, the Minister, at the point in time of deciding whether to give a notice under section 11 or to cancel an issued warrant under section 12(4), may determine that the person is not to be surrendered to the foreign State, if the remaining period of imprisonment or other deprivation of liberty, as the case may be —(a)
is shorter than the period specified as being a minimal period in the provisions of any existing extradition treaty between Singapore and the foreign State; or
(b)
is less than 6 months, if no period mentioned in paragraph (a) is specified.[Act 17 of 2022 wef 01/07/2022]
9.—(1) Subject to sections 28(1) and 41(2) and any limitation, condition, exception or qualification mentioned in section 6(2), a person is not liable to be surrendered to a declared Commonwealth territory if the offence to which the request for his or her surrender relates —(a)
is an offence of a political character; or
(b)
is, by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character.
(2) A person is not liable to be surrendered to a declared Commonwealth territory unless —(a)
provision is made by the law of, or of a part of, that territory; or
(b)
that territory has entered into an agreement with, or given an undertaking to, Singapore,
by virtue of which the person will not, unless he or she has been returned, or has had an opportunity of returning, to Singapore —
(c)
be detained or tried in that declared Commonwealth territory for any offence that is alleged to have been committed, or was committed, before his or her surrender other than —(i)
the offence to which the request for his or her surrender relates;
(ii)
any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or
(iii)
any other extradition offence in respect of which the Minister consents to the person being so detained or tried, as the case may be; or
(d)
be detained in that declared Commonwealth territory for the purpose of his or her being surrendered to another state or territory for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to that declared Commonwealth territory other than —(i)
any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or
(ii)
any other offence in respect of which the Minister could issue a warrant under this Part for the person’s surrender to that other state or territory and in respect of which the Minister consents to the person being so detained.
(3) A person who —(a)
is held in custody, or has been released on bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore; or
(b)
is undergoing a sentence for a conviction in Singapore,
is not liable to be surrendered to a declared Commonwealth territory until he or she has been discharged from custody, or the bonds upon which he or she was released on bail have been discharged (as the case may be), whether as a result of his or her acquittal, on the expiry of his or her sentence, or otherwise.
(4) A person is not liable to be surrendered to a declared Commonwealth territory in respect of an offence if he or she —(a)
has been acquitted or pardoned by a competent tribunal or authority in any state or territory; or
(b)
has undergone the punishment provided by the law of, or of a part of, any state or territory,
in respect of that offence or of another offence constituted by the same act or omission as that offence.
(5) A person is not liable to be surrendered to a declared Commonwealth territory if the request for his or her surrender relates to an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore.[Act 17 of 2022 wef 01/07/2022]
s 10Restriction on power of Minister to authorise apprehension, or order surrender, of fugitiveOpen ↗
10.—(1) The Minister must not give a notice under section 11(1), or issue a warrant under section 19(2) or (8), in respect of a fugitive from a foreign State or declared Commonwealth territory, if the Minister has substantial grounds for believing that —(a)
the request for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he or she would be liable to be surrendered to that State or territory, was made for the purpose of prosecuting or punishing him or her on account of his or her race, religion, sex, ethnic origin, nationality or political opinions; or
(b)
if the fugitive is surrendered to that State or territory, he or she may be prejudiced at his or her trial, or punished, detained or restricted in his or her personal liberty, by reason of his or her race, religion, sex, ethnic origin, nationality or political opinions.
(2) If the Minister is satisfied that, by reason of —(a)
the trivial nature of the offence that a fugitive is alleged to have committed or has committed;
(b)
the accusation against a fugitive not having been made in good faith or in the interests of justice;
(c)
the passage of time since the offence is alleged to have been committed or was committed; or
(d)
any other sufficient cause,
and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the fugitive, or to surrender him or her before the expiry of a particular period, the Minister must not give a notice under section 11(1) or issue a warrant under section 19(2) or (8) in respect of the fugitive, as the case may be.
[Act 17 of 2022 wef 01/07/2022]
11.—(1) Subject to subsection (2), where a request for the surrender of a fugitive who is, or is suspected of being, in or on his or her way to Singapore is made to the Minister by a foreign State or declared Commonwealth territory, the Minister may, in his or her discretion —(a)
if a warrant for the apprehension of the fugitive has not been issued under section 12, by written notice —(i)
in accordance with Form 1 in the Second Schedule; and
(ii)
directed to a Magistrate,
inform the Magistrate that the request has been made and authorise him or her to issue a warrant for the apprehension of the fugitive; or
(b)
if a warrant for the apprehension of the fugitive has been issued under section 12 and a person has been apprehended under the warrant, by written notice —(i)
in accordance with Form 2 in the Second Schedule; and
(ii)
directed to a Magistrate before whom the person may be brought,
inform the Magistrate that the request has been made.
(2) If the Minister is of the opinion that the fugitive is not liable to be surrendered to the foreign State or declared Commonwealth territory, the Minister must not give a notice under subsection (1) in respect of the fugitive.[Act 17 of 2022 wef 01/07/2022]
12.—(1) Where —(a)
a Magistrate —(i)
is authorised by the Minister by a notice under section 11(1)(a) to issue a warrant for the apprehension of a fugitive; or
(ii)
has received an application made as prescribed for the issue of a warrant for the apprehension of a fugitive who is, or is suspected of being, in or on his or her way to Singapore; and
(b)
there is produced to the Magistrate such evidence as would, in his or her opinion, according to the law in force in Singapore, justify —(i)
the apprehension of the fugitive by an authorised officer without the issue of a warrant; or
(ii)
the issue of a warrant for the apprehension of the fugitive,
if the act or omission constituting the extradition offence had taken place in, or within the jurisdiction of Singapore,
the Magistrate is to issue a warrant for the apprehension of the fugitive in accordance with Form 3 or 4 (as the case may be) in the Second Schedule.
(2) Where a Magistrate issues a warrant under this section without having been authorised by the Minister by a notice under section 11(1)(a) to issue the warrant, the Magistrate is to forthwith send to the Minister a report stating that the Magistrate has issued the warrant and the evidence produced to the Magistrate on the application for the warrant.
(3) It is sufficient compliance with subsection (2) in relation to any evidence consisting of testimony given on oath, or declared or affirmed to be true, by a person if —(a)
where the testimony was given in writing — the Magistrate sends to the Minister a copy of that writing certified by the Magistrate to be a true copy; or
(b)
where the testimony was given orally —(i)
if the testimony has been reduced to writing, the Magistrate sends to the Minister that writing certified by the Magistrate to be a true record of the testimony; or
(ii)
if the testimony has not been reduced to writing, the Magistrate sends to the Minister the notes made by the Magistrate in respect of the testimony and certified by the Magistrate to be a true summary of the testimony.
(4) Where the Minister —(a)
receives a report of the issue of a warrant and the evidence as provided by subsections (2) and (3); or
(b)
otherwise becomes aware of the issue of a warrant,
the Minister may, if he or she thinks fit, by written order, direct that the warrant be cancelled.
(5) Where a person has been apprehended under a warrant that is so directed to be cancelled —(a)
if the person apprehended is held in custody, the person holding him or her in custody must, upon receipt of the order, cause the person apprehended to be released; or
(b)
if the person apprehended has been released on bail, the bonds upon which he or she was released on bail must be discharged.[Act 17 of 2022 wef 01/07/2022]
13. A warrant issued under section 12 may be executed by any authorised officer.[Act 17 of 2022 wef 01/07/2022]
14.—(1) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to an application made under this Act for bail or personal bond or to the release of a fugitive on bail or on his or her own bond under this Act with the following modifications:(a)
a reference to an accused is a reference to the fugitive;
(b)
a reference to an arrest is a reference to the apprehension or taking into custody of a fugitive;
(c)
a reference to a conviction is a reference to the committal to prison or custody of a fugitive;
(d)
a reference to an acquittal is a reference to the discharge of a fugitive.
(2) If there is any inconsistency between Division 5 of Part 6 of the Criminal Procedure Code 2010 and any provision of this Act, the provision of this Act prevails.[Act 17 of 2022 wef 01/07/2022]
15.—(1) Where an authorised officer who executes a warrant issued under section 12 has reasonable grounds for suspecting that there is any thing on, in the possession of, or under the apparent control of the person who is the subject of the warrant that —(a)
may be material as evidence in proving an offence to which the warrant for his or her arrest relates; or
(b)
has been acquired by the person as a result of that offence,
the authorised officer may search for and, subject to subsection (3), seize that thing.
(2) Where at any point in time after the arrest of the person mentioned in subsection (1) and up to the time the person is surrendered to the requesting foreign State or declared Commonwealth territory (as the case may be), an authorised officer becomes aware that there are reasonable grounds for suspecting that there is in any place any thing that —(a)
may be material as evidence in proving an offence to which the warrant for the person’s arrest relates; or
(b)
has been acquired by the person as a result of that offence,
the authorised officer may search for and, subject to subsection (3), seize that thing.
(3) An authorised officer carrying out a search and seizure under subsection (1) or (2) may only seize any thing that is identified or described by the requesting foreign State or declared Commonwealth territory, whether in the request for surrender or otherwise.[Act 17 of 2022 wef 01/07/2022]
15A.—(1) A person who is apprehended under a warrant issued under section 12 must, unless he or she is sooner released, be brought as soon as practicable before a Magistrate.
(2) The Magistrate may remand a person brought before him or her under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time.
(3) Where a Magistrate remands a person for the period in accordance with subsection (2), the person must, at the expiry of the period, be brought before the Magistrate or before any other Magistrate.
(4) Whenever a person is brought before a Magistrate under subsection (1) or (3), the Magistrate is to ascertain from the person whether he or she wishes to consent to his or her surrender to the foreign State or declared Commonwealth territory, and —(a)
where the person indicates to the Magistrate that he or she wishes to consent to his or her surrender to the foreign State or declared Commonwealth territory — the procedure under section 21 applies; and
(b)
in every other case — the procedure under section 16 applies.
(5) If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Minister in a notice under section 11(1)(a), the Magistrate is to remand the person in accordance with subsections (2) and (3) until the Magistrate receives a notice under section 11(1)(b) from the Minister informing the Magistrate that a request for the surrender of the person has been made to the Minister by a foreign State or declared Commonwealth territory.
(6) Where the Magistrate does not receive a notice under section 11(1)(b) mentioned in subsection (5) within such time as is reasonable having regard to all the circumstances, the Magistrate —(a)
if the person apprehended is held in custody, is to order that he or she be released; or
(b)
if the person apprehended has been released on bail, is to make an order discharging the bonds upon which the person apprehended was released on bail.
(7) In subsections (5) and (6), “Magistrate”, in relation to a person who has been apprehended under a warrant issued under section 12, means the Magistrate before whom the person is brought after he or she was apprehended or at the expiry of a period for which he or she has been remanded under this section, as the case may be.[Act 31 of 2022 wef 01/11/2022]
16.—(1) [Deleted by Act 31 of 2022 wef 01/11/2022]
(2) [Deleted by Act 31 of 2022 wef 01/11/2022]
(3) [Deleted by Act 31 of 2022 wef 01/11/2022]
(4) [Deleted by Act 31 of 2022 wef 01/11/2022]
(5) [Deleted by Act 31 of 2022 wef 01/11/2022]
(6) [Deleted by Act 31 of 2022 wef 01/11/2022]
(7) [Deleted by Act 31 of 2022 wef 01/11/2022]
(8) In a case where this section applies because of section 15A(4)(b), if the person brought before a Magistrate under section 15A(1) or (3) was apprehended under a warrant issued pursuant to an authority by the Minister in a notice under section 11(1)(a) or the Magistrate receives a notice from the Minister under section 11(1)(b) and —(a)
there is produced to the Magistrate a duly authenticated foreign warrant or overseas warrant in respect of the person issued in the foreign State or declared Commonwealth territory (as the case may be) that made the request for the surrender of the person;
(b)
the Magistrate is satisfied that there is —(i)
in the case of a person who is accused of an extradition offence — a prima facie case that would justify the trial of the person if the act or omission constituting that offence had taken place in, or within the jurisdiction of, Singapore; or
(ii)
in the case of a person who is alleged to have been convicted of an extradition offence — sufficient evidence that the person has been convicted of that offence; and
(c)
the Magistrate is satisfied, after hearing any evidence tendered by the person, that the person is liable to be surrendered to the foreign State or declared Commonwealth territory that made the request for the surrender,
the Magistrate, by warrant in accordance with Form 5 in the Second Schedule, is to commit the person to prison to await the warrant of the Minister for the person’s surrender but otherwise, subject to section 17, is to order that the person be released.
[Act 31 of 2022 wef 01/11/2022]
(9) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him or her to prison, the Magistrate may, in lieu of committing the person to prison, by warrant in accordance with Form 5 in the Second Schedule with any modification that is necessary to meet the circumstances of the case, order that he or she be held in custody —(a)
at the place where he or she is for the time being, or at any other place to which the Magistrate considers that he or she can be removed without danger to his or her life or prejudice to his or her health; and
(b)
until such time as he or she can without such danger or prejudice be committed to prison or he or she is surrendered.
(10) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he or she be held in custody, the Magistrate is to forthwith send to the Minister a certificate to that effect and such report (if any) relating to the proceedings as the Magistrate thinks fit.
(11) In this section, “Magistrate”, in relation to a person who has been apprehended under a warrant issued under section 12, means the Magistrate before whom the person is brought after he or she was apprehended or at the expiry of a period for which he or she has been remanded under section 15A, as the case may be.[Act 17 of 2022 wef 01/07/2022]
[Act 31 of 2022 wef 01/11/2022]
17.—(1) Where —(a)
a foreign State or declared Commonwealth territory has made a request for the surrender of a person; and
(b)
a Magistrate has, under section 16(8), ordered that the fugitive be committed to prison or ordered that the fugitive be released, as the case may be,
the fugitive or the Attorney-General (on behalf of the foreign State or declared Commonwealth territory) may apply for a review of the order by the General Division of the High Court on a question of fact or a question of law or on a question of mixed fact and law.
(2) On the review of an order, the General Division of the High Court may —(a)
confirm or vary the Magistrate’s order;
(b)
quash the Magistrate’s order and substitute a new order in its stead, including —(i)
an order for the release of the fugitive; or
(ii)
an order for the committal of the fugitive to prison to await the warrant of the Minister for the fugitive’s surrender to the foreign State or declared Commonwealth territory, as the case may be;
(c)
remit the case to the Magistrate with the opinion of the General Division of the High Court;
(d)
make any order or direction that the Magistrate may make under section 19 or 20; or
(e)
make any other order or direction as the General Division of the High Court thinks fit.
(3) There is no appeal against the decision of the General Division of the High Court under subsection (2).
(4) A notice of an application for review of an order mentioned in subsection (1) —(a)
must be in Form 10 in the Second Schedule; and
(b)
must be filed with the Registrar of the State Courts not later than 15 days after the order is made.
(5) A notice of an application for review of an order operates as a stay of the Magistrate’s order until the later of the following dates:(a)
the expiry of the period of 15 days, starting on the day after which the order was made;
(b)
if a review is pending, the date that the proceedings are finally determined by the General Division of the High Court.
(6) A notice of an application for review of an order, together with any relevant document required in Form 10 in the Second Schedule, must be served —(a)
where the application for review is brought by the fugitive — on the Attorney-General; or
(b)
where the application for review is brought by the Attorney-General — on the fugitive or his or her counsel.
(7) Where the Magistrate is informed that the Attorney-General intends to apply for a review of an order discharging a fugitive, the Magistrate may, on the application of the Attorney-General, order that the fugitive be remanded in custody for a period not exceeding 24 hours pending the filing of the notice of an application for review of an order by the Attorney-General.
(8) Where notice of an application for review of an order has been filed by either party, the Magistrate may —(a)
commit the fugitive to prison pending the determination of the review by the General Division of the High Court; or
(b)
subject to subsection (9), release the fugitive on bail.
(9) Where the Magistrate has ordered that the fugitive be committed to prison under section 16(8), the conditions in section 95(2)(c) of the Criminal Procedure Code 2010 apply to the release of the fugitive on bail under subsection (8), but where the Magistrate has not so ordered, those conditions do not apply to the fugitive’s release on bail.
(10) The General Division of the High Court may, upon application by either party, review the decision of the Magistrate under subsection (8) and may confirm, vary or set aside the Magistrate’s decision or make any other order or direction as the General Division of the High Court thinks fit.
(11) Where notice of an application for review of an order has been filed —(a)
the Magistrate must, as soon as possible, transmit to the General Division of the High Court —(i)
the record of the case and all affidavits, statements, documents and exhibits tendered before the Magistrate;
(ii)
the notes of evidence;
(iii)
the grounds for the Magistrate’s decision; and
(iv)
the Magistrate’s finding on any question of law or fact or mixed law and fact which arose during the proceedings; and
(b)
the Registrar of the State Courts must, as soon as possible, serve on the fugitive or the fugitive’s counsel at the address mentioned in the notice of application for review, a notice that a copy each of the documents mentioned in paragraph (a) are available and can be obtained by applying for those documents.
(12) An application for review of an order under this section —(a)
does not require permission of the court;
(b)
must be in Form 11 in the Second Schedule;
(c)
must contain the particulars of the order on which review is sought and the particulars of the question of fact or law or of mixed fact and law mentioned in subsection (1); and
(d)
must be filed with the Registrar of the State Courts not later than 14 days after service of the documents mentioned in subsection (11).
(13) Sections 377(6), (6A) and (7), 378(3) to (7), 379, 380, 381 and 392(1) to (4) of the Criminal Procedure Code 2010 apply to a review under this section with the necessary modifications as if the review were an appeal against the decision in a criminal trial by a Magistrate’s Court or District Court under that Code, and a reference in those provisions —(a)
to a notice of appeal is a reference to a notice of an application for review of an order;
(b)
to an appellant is a reference to the fugitive or the Attorney-General, as the case may be;
(c)
to an accused is a reference to the fugitive;
(d)
to the Public Prosecutor is a reference to the Attorney-General; and
(e)
to a petition of appeal is a reference to an application for review.
(14) If there is any inconsistency between the sections of the Criminal Procedure Code 2010 mentioned in subsection (13) and any provision of this Act, the provision of this Act prevails.
(15) The General Division of the High Court must cause notice to be given to the parties to the review of the time and place at which the review will be heard.
(16) To avoid doubt, section 417 of the Criminal Procedure Code 2010 on application for order for review of detention does not apply —(a)
to any person ordered to be committed to prison under section 16(8); or
(b)
to any person ordered by the General Division of the High Court to be committed to prison under subsection (2).[Act 17 of 2022 wef 01/07/2022]
18.—(1) When an order has been reviewed and determined by the General Division of the High Court under section 17, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of which by the General Division of the High Court has affected the case, that party may apply to the Court of Appeal for permission to refer the question to the Court of Appeal.
(2) The Attorney-General may refer any question of law of public interest under this section without the permission of the Court of Appeal.
(3) An application under subsection (1) or a reference under subsection (2) —(a)
must be made within 15 days, or any longer period as the Court of Appeal may permit, after the determination of the matter to which it relates; and
(b)
in the case of an application by the Attorney-General, must be made by him or her or with his or her written consent.
(4) An application made under subsection (1) by a party who is not the Attorney-General —(a)
must be in Form 12 in the Second Schedule;
(b)
must be supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and
(c)
must be sealed by an officer of the Registry of the Supreme Court.
(5) Where an application under subsection (1) or a reference under subsection (2) is made, the General Division of the High Court must send to the Court of Appeal a signed copy of the record of the proceedings, and the grounds of decision, for the matter to which the application or reference relates.
(6) Where —(a)
a party applies under subsection (1) for permission to refer a question to the Court of Appeal; and
(b)
it appears to the Court of Appeal that the question is not a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application relates,
the application may, without being set down for hearing, be summarily refused by an order made by a presiding Judge sitting in the Court of Appeal, certifying that the Court of Appeal is satisfied that the application was made without any sufficient ground.
(7) A decision of the Court of Appeal to summarily refuse under subsection (6) an application under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the Court of Appeal.
(8) Notice of a refusal under subsection (6) of an application under subsection (1) must be served on the applicant.
(9) Where, after the Court of Appeal has summarily refused under subsection (6) an application under subsection (1) (called in this subsection the application for permission), the applicant files, within 14 days after the service of the notice of the refusal on the applicant, with the Registrar of the Supreme Court —(a)
notice of an application to amend the application for permission, so as to raise a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application for permission relates; and
(b)
a certificate signed by an advocate specifying the question to be raised and undertaking to argue it,
the Chief Justice may allow the applicant to amend the application for permission accordingly, and must restore the application for permission for hearing.
(10) In granting permission to refer any question of law of public interest under subsection (1), or where the Attorney-General refers any question of law of public interest under subsection (2), the Court of Appeal may —(a)
reframe the question or questions to reflect the relevant issue of law of public interest; and
(b)
make such orders as the Court of Appeal may see fit for the arrest, custody or release on bail of any party in the case.
(11) The Court of Appeal, in hearing and determining any questions referred, may make any order that the General Division of the High Court might have made as the Court of Appeal considers just for the disposal of the case.
(12) For the purposes of this section, each of the following is deemed to be a question of law of public interest:(a)
any question of law regarding which there is a conflict of judicial authority;
(b)
any question of law that the Attorney-General refers.[Act 17 of 2022 wef 01/07/2022]
19.—(1) When, under this Part, a Magistrate commits a person (called in this section the prisoner) to prison, or otherwise orders that he or she be held in custody, to await the warrant of the Minister for his or her surrender to a foreign State or declared Commonwealth territory (as the case may be), the Magistrate is to inform the prisoner —(a)
that the prisoner may apply for a review of the order under section 17 or waive his or her right to do so; and
(b)
that the prisoner will not be surrendered until after the expiry of the period of 15 days after the date of the committal or order, unless the prisoner waives his or her right to apply for a review of the order under section 17.
(2) After the later of the following dates:(a)
the expiry of the period mentioned in subsection (1)(b);
(b)
if an application for review of the order is brought, the date that the proceedings are finally determined by the General Division of the High Court,
the Minister may if he or she decides that the prisoner is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant —
(c)
in accordance with Form 6 in the Second Schedule; or
(d)
where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with any modification that is necessary to meet the circumstances of the case.
(3) A prisoner who is committed to prison or held in custody under subsection (1) may indicate, at any time within the period of 15 days after the date of the committal or order, that he or she wishes to waive his or her right to apply for a review of the order under section 17.
(4) Where a prisoner indicates that he or she wishes to waive his or her right to apply for a review of the order under section 17, the Magistrate must, before recording the prisoner’s consent to the waiver —(a)
ascertain that the prisoner’s consent is given voluntarily; and
(b)
inform the prisoner of the following consequences of his or her consent to the waiver:(i)
the remainder of the 15-day waiting period after the date of the committal or order will be lifted;
(ii)
the prisoner will be surrendered to the foreign State or declared Commonwealth territory as soon as practicable;
(iii)
the prisoner will not be entitled to apply for a review of the order under section 17.
(5) Where —(a)
the Magistrate is satisfied that the prisoner’s consent is given voluntarily; and
(b)
the prisoner, after having been informed of the consequences of his or her consent to the waiver in accordance with subsection (4)(b), affirms his or her consent,
the Magistrate must record the prisoner’s consent to the waiver and must commit him or her to prison to await the warrant of the Minister for his or her surrender to the foreign State or declared Commonwealth territory.
(6) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him or her to prison, the Magistrate may, in lieu of committing the person to prison, by warrant in accordance with Form 5 in the Second Schedule with any modification that is necessary to meet the circumstances of the case, order that he or she be held in custody —(a)
at the place where he or she is for the time being, or at any other place to which the Magistrate considers that he or she can be removed without danger to his or her life or prejudice to his or her health; and
(b)
until such time as he or she can without such danger or prejudice be committed to prison or he or she is surrendered.
(7) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he or she be held in custody, the Magistrate is to forthwith send to the Minister a certificate to that effect and such report (if any) relating to the proceedings as the Magistrate thinks fit.
(8) Where the Magistrate has recorded the prisoner’s consent in accordance with subsection (5), the Minister may, after the date of the recording of the consent, if he or she is satisfied that the prisoner is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant —(a)
in accordance with Form 6 in the Second Schedule; or
(b)
where the prisoner is held in custody otherwise than at a prison, in accordance with that Form with any modification that is necessary to meet the circumstances of the case.
(9) A warrant issued under subsection (2) or (8) may order that the prisoner —(a)
be delivered into the custody of a person specified in the warrant;
(b)
be conveyed by that person to a place in the foreign State or declared Commonwealth territory or within the jurisdiction of, or of a part of, that State or territory; and
(c)
be surrendered there to some person appointed by the foreign State or declared Commonwealth territory to receive him or her.
(10) This section does not apply to or in relation to a person who has informed a Magistrate that he or she consents to his or her surrender to the foreign State or declared Commonwealth territory.[Act 17 of 2022 wef 01/07/2022]
[Act 31 of 2022 wef 01/11/2022]
20.—(1) Any property —(a)
that was in the possession of the prisoner at the time of his or her apprehension; or
(b)
that was seized under section 15,
that may be material as evidence in proving the offence to which the request for his or her surrender relates must, if the Minister so directs, be delivered up with the prisoner on his or her surrender.
(2) Where any property —(a)
was in the possession of the prisoner at the time of his or her apprehension or was seized under section 15; and
(b)
was not delivered up with the prisoner on his or her surrender in accordance with subsection (1),
a Magistrate may by order direct that the property be disposed of —
(c)
by being delivered to the person whom the Magistrate is satisfied is entitled to possession of the property; or
(d)
in any other manner as the Magistrate thinks fit.
(3) If an order is made under this section in a case in which a review of a Magistrate’s order under section 17 is pending, the order must not, except where the property is perishable, be carried out until the period allowed for the review has expired or the review has been finally determined.[Act 17 of 2022 wef 01/07/2022]
21.—(1) A person who is apprehended under a warrant issued under section 12 may, at any time after his or her arrest, inform a Magistrate that he or she consents to his or her surrender to the foreign State or declared Commonwealth territory.
(2) Where a person indicates his or her consent to surrender to the foreign State or declared Commonwealth territory, the Magistrate must, before recording the person’s consent —(a)
ascertain that the person’s consent is given voluntarily; and
(b)
inform the person of the following consequences of his or her consent to extradition:(i)
the person will be committed to prison pending his or her surrender without extradition proceedings;
(ii)
the person will not be entitled to apply for a review under section 17 following his or her committal;
(iii)
the person will be surrendered to the foreign State or declared Commonwealth territory as soon as practicable;
(iv)
upon the person’s surrender to the foreign State or declared Commonwealth territory, he or she —(A)
will be tried for the offence in respect of which his or her extradition was requested, or any lesser offence proved by the facts on which his or her extradition was requested; and
(B)
may be tried for any other offence to which he or she consents to be tried.
(3) Where —(a)
the Magistrate is satisfied that the person’s consent is given voluntarily; and
(b)
the person, after having been informed of the consequences of his or her consent to extradition in accordance with subsection (2)(b), affirms his or her consent,
the Magistrate must record the person’s consent to surrender and, subject to subsection (6), must commit him or her to prison to await the warrant of the Minister under subsection (5A) for his or her surrender to the foreign State or declared Commonwealth territory.
[Act 31 of 2022 wef 01/11/2022]
(4) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to commit him or her to prison, the Magistrate may, in lieu of committing the person to prison, by warrant in accordance with Form 5 in the Second Schedule with any modification that is necessary to meet the circumstances of the case, order that he or she be held in custody —(a)
at the place where he or she is for the time being, or at any other place to which the Magistrate considers that he or she can be removed without danger to his or her life or prejudice to his or her health; and
(b)
until such time as he or she can without such danger or prejudice be committed to prison or he or she is surrendered.
(5) Where, under this section, a Magistrate commits a person to prison or otherwise orders that he or she be held in custody, the Magistrate is to forthwith send to the Minister a certificate to that effect and such report (if any) relating to the proceedings as the Magistrate thinks fit.
(5A) After the Minister receives a certificate under subsection (5) relating to a person, the Minister may, if the Minister is satisfied that the person is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant —(a)
in accordance with Form 6 of the Second Schedule; or
(b)
where the person is held in custody otherwise than at a prison, in accordance with that Form with any modification that is necessary to meet the circumstances of the case.[Act 31 of 2022 wef 01/11/2022]
(5B) A warrant issued under subsection (5A) may order that the person —(a)
be delivered into the custody of a person specified in the warrant;
(b)
be conveyed by that person to a place in the foreign State or declared Commonwealth territory or within the jurisdiction of, or of a part of, that State or territory; and
(c)
be surrendered there to some person appointed by the foreign State or declared Commonwealth territory to receive him or her.[Act 31 of 2022 wef 01/11/2022]
(6) The Magistrate is not to issue an order detaining the person pending his or her surrender unless the Magistrate has received —(a)
a notice under section 11(1) from the Minister; and
(b)
a duly authenticated foreign warrant or overseas warrant in respect of the person issued in the foreign State or declared Commonwealth territory, that made the request for the surrender of the person, as the case may be.
(7) In determining whether to issue a warrant of surrender, the Minister must determine whether the restrictions on surrender under sections 8, 9 and 10 are applicable, and if any of the restrictions on surrender in those sections are applicable, the Minister is not to issue a warrant of surrender.
(8) Where the person is committed to prison under subsection (3) —(a)
[Deleted by Act 31 of 2022 wef 01/11/2022]
(b)
upon the Minister issuing a warrant of surrender, the person is to be surrendered to the foreign State or declared Commonwealth territory as soon as practicable.[Act 17 of 2022 wef 01/07/2022]
22.—(1) A person who, under this Part —(a)
has been committed to prison, or otherwise ordered to be held in custody; and
(b)
is in custody in Singapore at the expiry of 2 months after the latest of the following dates:(i)
the date of the committal or order;
(ii)
if an application for review of the order is brought, the date that the proceedings are finally determined by the General Division of the High Court;
(iii)
if a reference is made to the Court of Appeal under section 18, the date that the proceedings are finally determined by the Court of Appeal,
may apply to the General Division of the High Court to be released.
(2) Subject to subsection (3), where an application is made under subsection (1), the General Division of the High Court, upon proof that reasonable notice of the intention to make the application has been given to the Minister, is to order that the person be released.
(3) The General Division of the High Court is not to order that the person be released if reasonable cause is shown for the delay mentioned in subsection (1)(b).[Act 17 of 2022 wef 01/07/2022]
PART 4 — EXTRADITION TO SINGAPORE
23. This Part applies in relation to extradition of any person to Singapore —(a)
from a foreign State; or
(b)
from a declared Commonwealth territory, subject to Part 5.[Act 17 of 2022 wef 01/07/2022]
24. Where a person accused or convicted of an extradition offence is, or is suspected of being —(a)
in or on his or her way to a foreign State or within the jurisdiction of a foreign State; or
(b)
in or on his or her way to a declared Commonwealth territory or within the jurisdiction of a declared Commonwealth territory,
the Minister may make a request to that State or territory for the surrender of the person.
[Act 17 of 2022 wef 01/07/2022]
25. Where a person accused or convicted of an extradition offence is surrendered by a foreign State or declared Commonwealth territory, the person may be brought to Singapore by any authorised officer and delivered to the proper authorities to be dealt with according to law.[Act 17 of 2022 wef 01/07/2022]
s 26Person surrendered to Singapore in respect of offence not to be prosecuted or detained for other offencesOpen ↗
26.—(1) Where a person accused or convicted of an extradition offence is surrendered by a foreign State, the person must not, unless he or she has been returned, or has had an opportunity of returning, to that State —(a)
be detained or tried in Singapore for any offence that is alleged to have been committed, or was committed, before his or her surrender other than —(i)
the offence to which the request for his or her surrender relates; or
(ii)
any other offence of which he or she could be convicted upon proof of the facts on which that request was based; or
(b)
be detained in Singapore for the purpose of his or her being surrendered to another country or territory for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to Singapore other than an offence of which he or she could be convicted upon proof of the facts on which the request for his or her surrender was based.
(2) Where a person accused or convicted of an extradition offence is surrendered by a declared Commonwealth territory, the person must not, unless he or she has been returned, or has had an opportunity of returning, to that territory —(a)
be detained or tried in Singapore for any offence that is alleged to have been committed, or was committed, before his or her surrender other than —(i)
the offence to which the request for his or her surrender relates;
(ii)
any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or
(iii)
any other extradition offence in respect of which the declared Commonwealth territory consents to the person being so detained or tried, as the case may be; or
(b)
be detained in Singapore for the purpose of his or her being surrendered to another country or territory for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to Singapore other than —(i)
any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or
(ii)
any other extradition offence in respect of which the declared Commonwealth territory by which the person was surrendered to Singapore consents to his or her being so detained.[Act 17 of 2022 wef 01/07/2022]
PART 5 — ADDITIONAL PROVISIONS IN RELATION TO DECLARED COMMONWEALTH TERRITORIES
27. Subject to this Part —(a)
extradition from Singapore to a declared Commonwealth territory is governed by Part 3; and
(b)
extradition to Singapore from a declared Commonwealth territory is governed by Part 4.[Act 17 of 2022 wef 01/07/2022]
28.—(1) For the purposes of section 9(1) and subject to subsection (2), the following offences are not offences of a political character:(a)
an offence against the life or person of —(i)
a head of state of the declared Commonwealth territory; or
(ii)
a member of the immediate family of a head of state of the declared Commonwealth territory;
(b)
an offence against the life or person of a head of a government, or of a minister of a government, of the declared Commonwealth territory;
(c)
murder;
(d)
an offence of aiding, abetting, counselling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit, any of the offences mentioned in paragraphs (a), (b) and (c).
(2) The Minister may, by order, restrict the application of any of the categories of offences mentioned in subsection (1) to a request made by a declared Commonwealth territory, if the declared Commonwealth territory has made provisions similar to subsection (1) in its laws.[Act 17 of 2022 wef 01/07/2022]
s 29Additional restrictions on power of Minister to authorise apprehension, or order surrender, of fugitiveOpen ↗
29. The Minister may decline to give a notice under section 11(1), or issue a warrant under section 19(2) or (8), in respect of a fugitive from a declared Commonwealth territory, if the Minister is of the opinion that —(a)
the judgment against the fugitive in the declared Commonwealth territory was rendered against him or her in his or her absence, unless —(i)
the person had deliberately absented himself or herself from his or her trial in the declared Commonwealth territory; or
(ii)
the person would, if surrendered, be entitled to a retrial in his or her presence, during which he or she would have —(A)
the right to defend himself or herself, whether in person or through legal counsel; and
(B)
the right to examine witnesses and to call and examine witnesses in his or her defence;
(b)
the offence for which extradition of the fugitive is requested —(i)
was committed outside Singapore and the declared Commonwealth territory; and
(ii)
is not an extra-territorial offence under the law of, or of a part of, the declared Commonwealth territory; or
(c)
the fugitive has, under the law of Singapore or the law of, or of a part of, the declared Commonwealth territory, become immune from prosecution or punishment because of any reason, including lapse of time or amnesty.[Act 17 of 2022 wef 01/07/2022]
s 30Person surrendered may consent to other offences being taken into consideration for sentencingOpen ↗
30. This Act does not prevent a court in —(a)
a declared Commonwealth territory — where a fugitive is surrendered by Singapore to that territory; or
(b)
Singapore — where a fugitive is surrendered by a declared Commonwealth territory to Singapore,
from taking into account, with the fugitive’s consent, any other offence (whether an extradition offence or otherwise) committed by the fugitive in determining and passing sentence for the offence for which the fugitive was surrendered.
[Act 17 of 2022 wef 01/07/2022]
PART 6 — EXTRADITION TO AND FROM MALAYSIA
32.—(1) This Part applies in relation to Malaysia.
(2) In this Part, “offence” means an arrestable offence or an offence punishable on conviction with imprisonment for 6 months or more or any more severe punishment under the law of Malaysia.[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
33.—(1) Where a court, a Judge, a Magistrate or an officer of a court in Malaysia has issued a warrant for the apprehension of a person accused or convicted of an offence against the law of Malaysia and the person is, or is suspected of being, in or on his or her way to Singapore, a Magistrate may, if the warrant is duly authenticated, make an endorsement on the warrant in accordance with Form 7 in the Second Schedule authorising the execution of the warrant in Singapore.[Act 17 of 2022 wef 01/07/2022]
(2) A warrant so endorsed is sufficient authority to the person bringing the warrant, to all other persons to whom the warrant is directed and to all authorised officers in Singapore to execute the warrant in Singapore in accordance with this Part.[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
34. A Magistrate may, if a warrant referred to in section 33 authorising the apprehension of a person is not produced to him or her or he or she requires further information or proof before endorsing such a warrant, issue a warrant in accordance with Form 8 in the Second Schedule for the apprehension of the person upon such information and under such circumstances as, in the Magistrate’s opinion, justify the issue of the warrant.[Act 17 of 2022 wef 01/07/2022]
35.—(1) A person who is apprehended under a warrant referred to in section 33 or under a warrant issued under section 34 must be brought as soon as practicable before a Magistrate.[Act 17 of 2022 wef 01/07/2022]
(2) A Magistrate may remand a person brought before him or her under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time.[Act 17 of 2022 wef 01/07/2022]
(3) Where a Magistrate remands a person for such a period, the person must, at the expiration of the period, be brought before the Magistrate or before any other Magistrate.[Act 17 of 2022 wef 01/07/2022]
(4) In the application of subsections (5) to (11) in relation to a person who has been apprehended under a warrant referred to in section 33 or under a warrant issued under section 34, “Magistrate” means the Magistrate before whom the person is brought after the person was apprehended or at the expiry of a period for which the person has been remanded under this section, as the case may be.[Act 17 of 2022 wef 01/07/2022]
(5) Where the person was apprehended under a warrant issued under section 34 and the warrant referred to in section 33 authorising the apprehension of the person has not been endorsed, the Magistrate may, and must if a reasonable time has elapsed for the endorsement of the warrant —(a)
if the person apprehended is held in custody, order that the person be released; or[Act 17 of 2022 wef 01/07/2022]
(b)
if the person apprehended has been released on bail, make an order discharging the bonds upon which he or she was released on bail.[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
(6) Where —(a)
the person was apprehended under a warrant referred to in section 33; or
(b)
the person was apprehended under a warrant issued under section 34 and the warrant referred to in section 33 authorising the apprehension of the person has been endorsed,
the Magistrate is to, subject to section 36, by warrant in accordance with Form 9 in the Second Schedule, order the person to be surrendered to Malaysia and, for that purpose, to be delivered into the custody of the person bringing that warrant or of any other person to whom that warrant was directed.
[Act 17 of 2022 wef 01/07/2022]
(7) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to surrender him or her to the country mentioned in subsection (6), the Magistrate may, in lieu of ordering that the person be surrendered to Malaysia, by warrant, order that he or she be held in custody at the place where he or she is for the time being, or at any other place to which the Magistrate considers that the person can be removed without danger to his or her life or prejudice to his or her health, until such time as he or she can without such danger or prejudice be surrendered to Malaysia.[Act 17 of 2022 wef 01/07/2022]
(8) In the case referred to in subsection (7), the warrant must be in accordance with Form 9 in the Second Schedule with such variations as are necessary to meet the circumstances of the case.[Act 17 of 2022 wef 01/07/2022]
(9) A warrant issued under subsection (6) or (7) may be executed according to its tenor.
(10) [Deleted by Act 31 of 2022 wef 01/11/2022]
(11) Any property in the possession of the person so ordered to be surrendered at the time of his or her apprehension that may be material as evidence in proving the offence for which he or she is being surrendered must, if the Magistrate so directs, be delivered up with the person on his surrender.[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
36. If a Magistrate before whom a person is brought under this Part, is satisfied that, by reason of —(a)
the trivial nature of the offence that the person is alleged to have committed or has committed;
(b)
the accusation against the person not having been made in good faith or in the interests of justice; or
(c)
the passage of time since the offence is alleged to have been committed or was committed,
and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the person to Malaysia, or to surrender him or her before the expiration of a particular period, the Magistrate may —
(d)
order that the person be released;
(e)
order that the person be surrendered after the expiration of a period specified in the order and order his or her release on bail until the expiration of that period; or[Act 17 of 2022 wef 01/07/2022]
(f)
make such other order as the Magistrate thinks just.[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
37.—(1) Where —(a)
a person apprehended is dissatisfied with an order made under section 35(6) or (7) or under section 36; or
(b)
a Magistrate has made, under section 35(7) or under section 36, an order for the release of an apprehended person, or an order for the surrender or release on bail of such a person under the terms of which the person is not, or may not be, required to be surrendered to Malaysia within 3 months after the date of the order,[Act 17 of 2022 wef 01/07/2022]
the apprehended person or the person bringing the warrant, as the case requires, may apply to the General Division of the High Court for a review of the order, and the General Division of the High Court may review the order.
[40/2019]
(2) The General Division of the High Court to which an application is made for the review of an order may —(a)
order the release on bail of the apprehended person on such terms and conditions as the General Division of the High Court thinks fit; or
(b)
direct that the apprehended person be kept in such custody as the General Division of the High Court directs until the order has been reviewed.[40/2019]
(3) The review of the order is to be by way of rehearing, and evidence in addition to, or in substitution for, the evidence given on the making of the order may be given on or in connection with the review.[Act 17 of 2022 wef 01/07/2022]
(4) For the purposes of a review under this section, a copy of a public document or of a document filed in a department or office of the Government, certified to be a true copy of the document by the person purporting by the certificate to have charge of the document, is admissible as evidence of the facts stated in the copy.
(5) Upon the review of an order, the General Division of the High Court may confirm or vary the order, or quash the order and substitute a new order in its stead.[40/2019]
(6) The order as confirmed or varied, or the substituted order, must be executed according to its tenor as if it had been made by the Magistrate.[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
38. Where a person who, under this Part, has been ordered to be surrendered to Malaysia is in custody in Singapore at the expiration of one month after —(a)
the date of the order; or
(b)
if the order was made by a Magistrate and an application for a review of the order has been made — the date of the decision of the General Division of the High Court on the review or, where an appeal has been brought from that decision to another court, the date of the decision of the other court,
whichever is the later, the General Division of the High Court, upon application made to it by the person and upon proof that reasonable notice of the intention to make the application has been given to the person holding him or her in custody, is to, unless reasonable cause is shown for the delay, order that the person so held in custody be released.
[40/2019]
[Act 17 of 2022 wef 01/07/2022]
39. Where a person accused or convicted of an offence (wherever committed) against the law in force in Singapore is surrendered by Malaysia the person may be delivered to the proper authorities to be dealt with according to law.
PART 7 — CONVENTION OFFENCES
40.—(1) Where no extradition treaty is in force between Singapore and a Convention State that is not a declared Commonwealth territory, a notification under section 4 may be made applying this Act as if there were an extradition treaty between Singapore and that State.
(2) Where this Act is applied under subsection (1), this Act has effect in relation to that Convention State as if the only extradition offences are the Convention offences of that State.
(3) Subject to section 41, subsection (2) does not affect any other notification made under section 4.[Act 17 of 2022 wef 01/07/2022]
41.—(1) Where a notification mentioned in section 40 is made, any limitation, condition, exception or qualification specified in —(a)
any other notification made under section 4; or
(b)
in any Order in Council mentioned in section 3,
in relation to that Convention State and to the extent that it prevents the Convention offence from being considered an extradition offence in relation to that Convention State, is to be disregarded in the application of this Act in relation to that Convention State.
(2) In the application of this Act to a Convention State mentioned in section 40(1), a Convention offence —(a)
is deemed to be an offence within the jurisdiction of that Convention State; and
(b)
is deemed not to be an offence of a political character where the written law corresponding to the Convention offence in the Fourth Schedule so provides.[Act 17 of 2022 wef 01/07/2022]
PART 8 — EVIDENTIAL PROVISIONS
42. In any proceedings under this Act, a statement in a document is admissible in evidence if —(a)
the statement is —(i)
made by a person, being a witness or victim, to a police officer or another person charged with the duty of investigating offences or charging offenders (called in this section an enforcement officer); and
(ii)
accompanied by an affidavit of a police officer or an enforcement officer verifying the statement; or
(b)
the statement is a summary by a police officer or an enforcement officer of a statement or statements given by a person, being a witness or victim.[Act 17 of 2022 wef 01/07/2022]
43.—(1) Despite anything to the contrary in the Evidence Act 1893, in any proceedings under this Act —(a)
a document, duly authenticated, that purports to set out testimony given on oath, or declared or affirmed to be true, by a person in a foreign State or declared Commonwealth territory is admissible as evidence of the matters stated in the testimony;
(b)
a document, duly authenticated, that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory is admissible in evidence;
(c)
a document, duly authenticated, that certifies that a person was convicted on a date specified in the document of an offence against the law of, or of a part of, a foreign State or declared Commonwealth territory is admissible as evidence of the fact and date of the conviction; and
(d)
a document, duly authenticated, that purports to be an overseas warrant or a foreign warrant is admissible in evidence.
(2) A document is deemed to be duly authenticated for the purpose of being admitted in evidence in a proceeding under this Act if —(a)
in the case of a document that purports to set out testimony given on oath, declared or affirmed by a person in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to be the original document containing or recording that testimony or a true copy of that original document;
(b)
in the case of a document that purports to have been received in evidence, or to be a copy of a document that has been received in evidence, in a foreign State or declared Commonwealth territory — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory to have been, or to be a true copy of a document that has been, so received in evidence;
(c)
in the case of a document that certifies that a person has been convicted in a foreign State or declared Commonwealth territory of an offence — the document purports to be certified by a Judge, Magistrate or officer in or of that State or territory; or
(d)
in the case of a document that purports to be an overseas warrant or a foreign warrant — the document purports to be signed by a Judge, Magistrate or officer in or of the State or territory in which the document was issued,
and the certification or signature of the Judge, Magistrate or officer purports to be authenticated by the oath, declaration or affirmation of a witness, or the document purports to be sealed with an official seal or public seal, or stamped with an official stamp, of that State or territory, or of a Minister, a department or an official of the government, of that State or territory.
[Act 17 of 2022 wef 01/07/2022]
[Act 42 of 2024 wef 28/03/2025]
44.—(1) For the purpose of the determination of a prima facie case under section 16(8)(b)(i) —(a)
a record of the case, whether or not its contents are admissible evidence under the law of the foreign State or declared Commonwealth territory that made the request for the surrender of the person; or
(b)
any other admissible evidence under the law of that foreign State or declared Commonwealth territory,
may be submitted by or on behalf of a foreign State or declared Commonwealth territory making the request, if there is in force —
(c)
an extradition treaty between Singapore and the foreign State governing the use of a record of the case in proceedings under section 16(8); or
(d)
an agreement or arrangement between Singapore and the declared Commonwealth territory providing for an alternative evidential mechanism in place of the requirement under section 16(8)(b)(i).
(2) A record of the case mentioned in subsection (1) —(a)
must contain a summary of the evidence acquired to support the request for the surrender of the person; and
(b)
may contain any other relevant documents, including photographs or copies of documents, and documents related to the identification of the person.
(3) A record of the case mentioned in subsection (1) is admissible as evidence if it is accompanied by a certificate by a judicial or prosecuting authority of the foreign State or declared Commonwealth territory stating that the evidence summarised or contained in the record of the case —(a)
is available to be produced at the person’s trial; and
(b)
is sufficient, under the law of the foreign State or declared Commonwealth territory, to justify prosecution of the person.
(4) Where a record of the case mentioned in subsection (1) is admissible in evidence under subsection (3), the court may in its discretion determine the weight to be given to the evidence adduced under the record of the case.[Act 17 of 2022 wef 01/07/2022]
s 45Application of sections 238A and 281 of the Criminal Procedure Code 2010 to court proceedingsOpen ↗
45.—(1) Sections 238A and 281 (except subsection (2)) of the Criminal Procedure Code 2010 apply to any matter or court proceeding under this Act with the necessary modifications as if the matter or court proceeding were the matter or court proceeding mentioned in those provisions, and a reference in those provisions —(a)
to an accused is a reference to the fugitive;
(b)
to remand includes a reference to custody;
(c)
to extension of the remand of the accused under section 238 of the Criminal Procedure Code 2010 is a reference to extension of the remand of the fugitive;
(d)
to proceedings for a State Court to record a plea of guilty from the accused is a reference to proceedings where the fugitive —(i)
consents to his or her surrender; or
(ii)
informs the Magistrate that he or she wishes to waive his or her right to apply for a review of an order of committal; and
(e)
to a place within a court, a prison, an approved centre or an approved institution in Singapore includes any other place where the fugitive may be confined.
(2) If there is any inconsistency between the provisions of the Criminal Procedure Code 2010 mentioned in subsection (1) and any provision of this Act, the provision of this Act prevails.[Act 17 of 2022 wef 01/07/2022]
46. Nothing in this Part prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other written law or rule of law in Singapore.[Act 17 of 2022 wef 01/07/2022]
PART 9 — MISCELLANEOUS
47. Where an extradition offence was committed on board any vessel on the high seas or any aircraft while in flight outside Singapore or the territorial waters of Singapore which comes into any port or airport of Singapore, the Minister or any Magistrate may exercise the powers conferred by this Act.[Act 17 of 2022 wef 01/07/2022]
48.—(1) Without limiting any power or jurisdiction conferred upon a District Judge by the Criminal Procedure Code 2010, a District Judge has in the exercise of his or her jurisdiction all the powers that are conferred upon and exercised by a Magistrate under this Act.
(2) Every District Judge and Magistrate has the jurisdiction to hear a case and power to commit a fugitive to custody or prison to await the fugitive’s return under this Act.[Act 17 of 2022 wef 01/07/2022]
49.—(1) If more than one foreign State or declared Commonwealth territory (as the case may be) makes a request for the surrender of a fugitive, the Minister may, having regard to the circumstances of the case, surrender the fugitive to any State or territory that the Minister thinks fit.
(2) The Minister in determining to which State or territory the fugitive should be returned must consider all the circumstances of the case and in particular —(a)
the relative seriousness of the offences;
(b)
the relative dates on which the requests were made; and
(c)
the citizenship or other national status of the fugitive and the fugitive’s ordinary residence.[Act 17 of 2022 wef 01/07/2022]
49A. The following persons may be arrested in the same manner as a person accused of an arrestable offence against the law in force in Singapore may be arrested upon an escape from lawful custody:(a)
a person who escapes from the custody of the person executing a warrant of surrender against the firstmentioned person under this Act;
(b)
a person who escapes after being taken into custody, or committed to prison, under this Act.[Act 31 of 2022 wef 01/11/2022]
50. The Attorney-General may delegate to a public officer any of his or her powers under this Act.[Act 17 of 2022 wef 01/07/2022]
51.—(1) The Minister may —(a)
from time to time, by order amend the First, Second and Fourth Schedules; and
(b)
by order amend the Third Schedule when an extradition treaty between any territory and Singapore has come into force or has ceased to be in force, as the case may be.
(2) The Minister may, in any order made under subsection (1), make any saving or transitional provision as may be necessary or expedient.[Act 17 of 2022 wef 01/07/2022]
52.—(1) The Minister may make rules to carry out the purposes of this Act.
(2) In particular, and without limiting subsection (1), those rules may provide for all or any of the following matters:(a)
the removal of fugitives accused or in custody or in prison under this Act and their control and maintenance until such time as they are handed over to the persons named in the warrant as entitled to receive them;
(b)
the seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this Act applies;
(c)
the form and manner in which or the channel through which a Magistrate may be required to make his or her report to the Minister under this Act;
(d)
any other matter which has to be, or may be, prescribed.[Act 17 of 2022 wef 01/07/2022]
Cite this legislation
- Official citation
- EA1968
- Source
- sso.agc.gov.sg
- Data synced
Extradition Act 1968 (sso.agc.gov.sg). Retrieved via LawPlayer, https://lawplayer.com/sg/act/EA1968
This text is synced from sso.agc.gov.sg. In case of any discrepancy, the official version prevails.
Cited in 8 judgments
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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