My bookmarksSign up free

Mutual Assistance in Criminal Matters Act 2000 Division 8 — Assistance in service of process

s 38–s 40 · 3 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Assistance in service of process

s 38

38.—(1) The appropriate authority of a foreign country may request the Attorney‑General to assist in effecting the service of process on a person in Singapore. (2) Where, on receipt of a request made under subsection (1), the Attorney‑General is satisfied —(a) that the request relates to a criminal matter in that country; (b) that there are reasonable grounds for believing that the person to be served is in Singapore; (c) that the country has provided sufficient details of the consequences of a failure to comply with such process; and (d) where the request relates to the service of a summons to appear as a witness in that country, that that country has given an adequate undertaking in respect of the matters specified in section 39, the Attorney‑General may authorise assistance in accordance with this section. (3) Where service is authorised under subsection (2), the Attorney‑General must direct an authorised officer or a process server of the Supreme Court to arrange service, and in such a case the authorised officer or process server must —(a) use his or her best endeavours to have the process served —(i) in accordance with procedures proposed in the request; or (ii) if those procedures would be unlawful or inappropriate in Singapore, or if no procedures are so proposed, in accordance with the Rules of Court; and (b) if the document —(i) is served — transmit to the Attorney‑General for transmission to the appropriate authority a certificate by the Registrar of the Supreme Court as to the service; or (ii) is not served — transmit to the Attorney‑General for transmission to the appropriate authority a statement by the Registrar of the Supreme Court of the reasons which prevented the service. (4) Rules of Court may provide for —(a) the documents and other information to accompany the service of process; and (b) the form of the certificate mentioned in subsection (3)(b)(i) and the statement mentioned in subsection (3)(b)(ii).

Undertaking by foreign country

s 39

39. Where, pursuant to a request under section 38, the appropriate authority of a foreign country requests the assistance of the Attorney‑General in effecting the service on any person of a summons to appear as a witness in that country, the Attorney‑General must, before authorising assistance in accordance with that section, obtain from the appropriate authority an undertaking that that person will not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to accept or comply with the summons, despite any contrary statement in the summons.

Penalty not to be imposed for failure to comply with summons

s 40

40. Where, pursuant to a request under section 38, the appropriate authority of a foreign country requests the assistance of the Attorney‑General in effecting the service on any person of a summons to appear as a witness in that country, that person must not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to accept or comply with the summons, despite any contrary statement in the summons.

Back to Mutual Assistance in Criminal Matters Act 2000 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

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.

The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.

What to look at next