s 21 Surrender by consent
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]