Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Application of this Part 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]
Offences not of political character in declared Commonwealth territories
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]
Additional restrictions on power of Minister to authorise apprehension, or order surrender, of fugitive
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]
Person surrendered may consent to other offences being taken into consideration for sentencing
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]
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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 ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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