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← Mutual Assistance in Criminal Matters Act 2000

Mutual Assistance in Criminal Matters Act 2000 s 38

s 38 Assistance in service of process

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).

Read this section in the full act → · Open Division 8 →

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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