s 12 Issue of warrants by Magistrate
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]