s 16 Order by Magistrate if apprehended person does not consent to surrender
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]