PART 3 | EXTRADITION FROM SINGAPORE |
[Act 17 of 2022 wef 01/07/2022] | Liability of fugitive to be surrendered |
7.—(1) Where this Part applies in relation to a foreign State or declared Commonwealth territory, every fugitive from that State or territory is liable to be apprehended and surrendered to that State or territory, subject to —| (a) | this Part; | | (b) | any limitations, conditions, exceptions or qualifications to which the application of this Part in relation to that State or territory is subject; and | | (c) | in the case of a declared Commonwealth territory, Part 5. |
(2) Every fugitive mentioned in subsection (1) is liable under that subsection whether the offence to which the request for the surrender of the fugitive relates is alleged to have been committed, or was committed, before, on or after 1 August 1968 or before, on or after the date —| (a) | in the case of a foreign State — when this Part commenced to apply in relation to that State; and | | (b) | in the case of a declared Commonwealth territory —| (i) | when that territory became a declared Commonwealth territory; or | | (ii) | if the territory was a declared Commonwealth country under section 19(1) as in force immediately before the date of commencement of section 7 of the Extradition (Amendment) Act 2022 — when that country became a declared Commonwealth country. [Act 17 of 2022 wef 01/07/2022] |
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| Restrictions on surrender of persons to foreign States |
8.—(1) Subject to section 41(2) and any limitation, condition, exception or qualification mentioned in section 4(2), a person is not liable to be surrendered to a foreign State if the offence to which the request for his or her surrender relates —| (a) | is an offence of a political character; or | | (b) | is, by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character. |
(2) A person is not liable to be surrendered to a foreign State unless provision is made —| (a) | by a law of that State; or | | (b) | by an extradition treaty in force between Singapore and that State, |
| by virtue of which the person will not, unless he or she has been returned, or has had an opportunity of returning, to Singapore — |
| (c) | be detained or tried in that foreign State for any offence that is alleged to have been committed, or was committed, before his or her surrender other than —| (i) | the offence to which the request for his or her surrender relates; or | | (ii) | any other offence of which he or she could be convicted upon proof of the facts on which that request was based; or |
| | (d) | be detained in that foreign State for the purpose of his or her being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to that foreign State other than an offence of which he or she could be convicted upon proof of the facts on which the request for his or her surrender was based. |
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(3) A person who —| (a) | is held in custody, or has been released on bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore; or | | (b) | is undergoing a sentence for a conviction in Singapore, |
| is not liable to be surrendered to a foreign State until he or she has been discharged from custody, or the bonds upon which he or she was released on bail have been discharged (as the case may be), whether as a result of his or her acquittal, on the expiry of his or her sentence, or otherwise. |
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(4) A person is not liable to be surrendered to a foreign State in respect of an offence if he or she —| (a) | has been acquitted or pardoned by a competent tribunal or authority in any state or territory; or | | (b) | has undergone the punishment provided by the law of, or of a part of, any state or territory, |
| in respect of that offence or of another offence constituted by the same act or omission as that offence. |
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(5) A person is not liable to be surrendered to a foreign State in respect of an offence if he or she has been convicted of that offence in the foreign State in his or her absence, unless —| (a) | the person had deliberately absented himself or herself from his or her trial in the foreign State; or | | (b) | the person would, if surrendered, be entitled to a retrial in his or her presence, during which he or she would have —| (i) | the right to defend himself or herself, whether in person or through legal counsel; and | | (ii) | the right to examine witnesses and to call and examine witnesses in his or her defence. |
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| (6) A person is not liable to be surrendered to a foreign State if prosecution for the offence to which the request for his or her surrender relates is, according to the law of, or of a part of, the foreign State, barred by the passage of time. |
| (7) A person is not liable to be surrendered to a foreign State if the request for his or her surrender relates to an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore. |
(8) Where a request for a surrender is made by a foreign State in relation to the enforcement of a sentence of imprisonment or other deprivation of liberty on a person who is a convicted fugitive, the Minister, at the point in time of deciding whether to give a notice under section 11 or to cancel an issued warrant under section 12(4), may determine that the person is not to be surrendered to the foreign State, if the remaining period of imprisonment or other deprivation of liberty, as the case may be —| (a) | is shorter than the period specified as being a minimal period in the provisions of any existing extradition treaty between Singapore and the foreign State; or | | (b) | is less than 6 months, if no period mentioned in paragraph (a) is specified. [Act 17 of 2022 wef 01/07/2022] |
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| Restrictions on surrender of persons to declared Commonwealth territories |
9.—(1) Subject to sections 28(1) and 41(2) and any limitation, condition, exception or qualification mentioned in section 6(2), a person is not liable to be surrendered to a declared Commonwealth territory if the offence to which the request for his or her surrender relates —| (a) | is an offence of a political character; or | | (b) | is, by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character. |
(2) A person is not liable to be surrendered to a declared Commonwealth territory unless —| (a) | provision is made by the law of, or of a part of, that territory; or | | (b) | that territory has entered into an agreement with, or given an undertaking to, Singapore, |
| by virtue of which the person will not, unless he or she has been returned, or has had an opportunity of returning, to Singapore — |
| (c) | be detained or tried in that declared Commonwealth territory for any offence that is alleged to have been committed, or was committed, before his or her surrender other than —| (i) | the offence to which the request for his or her surrender relates; | | (ii) | any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or | | (iii) | any other extradition offence in respect of which the Minister consents to the person being so detained or tried, as the case may be; or |
| | (d) | be detained in that declared Commonwealth territory for the purpose of his or her being surrendered to another state or territory for trial or punishment for any offence that is alleged to have been committed, or was committed, before his or her surrender to that declared Commonwealth territory other than —| (i) | any other offence with a less severe punishment of which he or she could be convicted upon proof of the facts on which that request was based; or | | (ii) | any other offence in respect of which the Minister could issue a warrant under this Part for the person’s surrender to that other state or territory and in respect of which the Minister consents to the person being so detained. |
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(3) A person who —| (a) | is held in custody, or has been released on bail, in Singapore in respect of an offence that is alleged to have been committed in Singapore; or | | (b) | is undergoing a sentence for a conviction in Singapore, |
| is not liable to be surrendered to a declared Commonwealth territory until he or she has been discharged from custody, or the bonds upon which he or she was released on bail have been discharged (as the case may be), whether as a result of his or her acquittal, on the expiry of his or her sentence, or otherwise. |
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(4) A person is not liable to be surrendered to a declared Commonwealth territory in respect of an offence if he or she —| (a) | has been acquitted or pardoned by a competent tribunal or authority in any state or territory; or | | (b) | has undergone the punishment provided by the law of, or of a part of, any state or territory, |
| in respect of that offence or of another offence constituted by the same act or omission as that offence. |
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| (5) A person is not liable to be surrendered to a declared Commonwealth territory if the request for his or her surrender relates to an act or omission that, if it had occurred in Singapore, would have constituted an offence under the military law applicable in Singapore but not also under the ordinary criminal law of Singapore. [Act 17 of 2022 wef 01/07/2022] |
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| Restriction on power of Minister to authorise apprehension, or order surrender, of fugitive |
10.—(1) The Minister must not give a notice under section 11(1), or issue a warrant under section 19(2) or (8), in respect of a fugitive from a foreign State or declared Commonwealth territory, if the Minister has substantial grounds for believing that —| (a) | the request for the surrender of the fugitive, although purporting to have been made in respect of an offence for which, but for this section, he or she would be liable to be surrendered to that State or territory, was made for the purpose of prosecuting or punishing him or her on account of his or her race, religion, sex, ethnic origin, nationality or political opinions; or | | (b) | if the fugitive is surrendered to that State or territory, he or she may be prejudiced at his or her trial, or punished, detained or restricted in his or her personal liberty, by reason of his or her race, religion, sex, ethnic origin, nationality or political opinions. |
(2) If the Minister is satisfied that, by reason of —| (a) | the trivial nature of the offence that a fugitive is alleged to have committed or has committed; | | (b) | the accusation against a fugitive not having been made in good faith or in the interests of justice; | | (c) | the passage of time since the offence is alleged to have been committed or was committed; or | | (d) | any other sufficient cause, |
| and having regard to the circumstances under which the offence is alleged to have been committed or was committed, it would be unjust, oppressive or too severe a punishment to surrender the fugitive, or to surrender him or her before the expiry of a particular period, the Minister must not give a notice under section 11(1) or issue a warrant under section 19(2) or (8) in respect of the fugitive, as the case may be. |
[Act 17 of 2022 wef 01/07/2022] |
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11.—(1) Subject to subsection (2), where a request for the surrender of a fugitive who is, or is suspected of being, in or on his or her way to Singapore is made to the Minister by a foreign State or declared Commonwealth territory, the Minister may, in his or her discretion —| (a) | if a warrant for the apprehension of the fugitive has not been issued under section 12, by written notice —| (i) | in accordance with Form 1 in the Second Schedule; and | | (ii) | directed to a Magistrate, |
| inform the Magistrate that the request has been made and authorise him or her to issue a warrant for the apprehension of the fugitive; or |
| | (b) | if a warrant for the apprehension of the fugitive has been issued under section 12 and a person has been apprehended under the warrant, by written notice —| (i) | in accordance with Form 2 in the Second Schedule; and | | (ii) | directed to a Magistrate before whom the person may be brought, |
| inform the Magistrate that the request has been made. |
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| (2) If the Minister is of the opinion that the fugitive is not liable to be surrendered to the foreign State or declared Commonwealth territory, the Minister must not give a notice under subsection (1) in respect of the fugitive. [Act 17 of 2022 wef 01/07/2022] |
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| 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, |
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| 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. |
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(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. |
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(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] |
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| 13. A warrant issued under section 12 may be executed by any authorised officer. [Act 17 of 2022 wef 01/07/2022] |
14.—(1) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to an application made under this Act for bail or personal bond or to the release of a fugitive on bail or on his or her own bond under this Act with the following modifications:| (a) | a reference to an accused is a reference to the fugitive; | | (b) | a reference to an arrest is a reference to the apprehension or taking into custody of a fugitive; | | (c) | a reference to a conviction is a reference to the committal to prison or custody of a fugitive; | | (d) | a reference to an acquittal is a reference to the discharge of a fugitive. |
| (2) If there is any inconsistency between Division 5 of Part 6 of the Criminal Procedure Code 2010 and any provision of this Act, the provision of this Act prevails. [Act 17 of 2022 wef 01/07/2022] |
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| Search and seizure upon and after apprehension of person |
15.—(1) Where an authorised officer who executes a warrant issued under section 12 has reasonable grounds for suspecting that there is any thing on, in the possession of, or under the apparent control of the person who is the subject of the warrant that —| (a) | may be material as evidence in proving an offence to which the warrant for his or her arrest relates; or | | (b) | has been acquired by the person as a result of that offence, |
| the authorised officer may search for and, subject to subsection (3), seize that thing. |
(2) Where at any point in time after the arrest of the person mentioned in subsection (1) and up to the time the person is surrendered to the requesting foreign State or declared Commonwealth territory (as the case may be), an authorised officer becomes aware that there are reasonable grounds for suspecting that there is in any place any thing that —| (a) | may be material as evidence in proving an offence to which the warrant for the person’s arrest relates; or | | (b) | has been acquired by the person as a result of that offence, |
| the authorised officer may search for and, subject to subsection (3), seize that thing. |
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| (3) An authorised officer carrying out a search and seizure under subsection (1) or (2) may only seize any thing that is identified or described by the requesting foreign State or declared Commonwealth territory, whether in the request for surrender or otherwise. [Act 17 of 2022 wef 01/07/2022] |
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| Magistrate to ascertain whether apprehended person consents to surrender, etc. |
15A.—(1) A person who is apprehended under a warrant issued under section 12 must, unless he or she is sooner released, be brought as soon as practicable before a Magistrate.| (2) The Magistrate may remand a person brought before him or her under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time. |
| (3) Where a Magistrate remands a person for the period in accordance with subsection (2), the person must, at the expiry of the period, be brought before the Magistrate or before any other Magistrate. |
(4) Whenever a person is brought before a Magistrate under subsection (1) or (3), the Magistrate is to ascertain from the person whether he or she wishes to consent to his or her surrender to the foreign State or declared Commonwealth territory, and —| (a) | where the person indicates to the Magistrate that he or she wishes to consent to his or her surrender to the foreign State or declared Commonwealth territory — the procedure under section 21 applies; and | | (b) | in every other case — the procedure under section 16 applies. |
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| (5) If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Minister in a notice under section 11(1)(a), the Magistrate is to remand the person in accordance with subsections (2) and (3) until the Magistrate receives a notice under section 11(1)(b) from the Minister informing the Magistrate that a request for the surrender of the person has been made to the Minister by a foreign State or declared Commonwealth territory. |
(6) Where the Magistrate does not receive a notice under section 11(1)(b) mentioned in subsection (5) within such time as is reasonable having regard to all the circumstances, the Magistrate —| (a) | if the person apprehended is held in custody, is to order that he or she be released; or | | (b) | if the person apprehended has been released on bail, is to make an order discharging the bonds upon which the person apprehended was released on bail. |
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| (7) In subsections (5) and (6), “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 this section, as the case may be. [Act 31 of 2022 wef 01/11/2022] |
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| 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. |
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| (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] |
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| Review of Magistrate’s order |
17.—(1) Where —| (a) | a foreign State or declared Commonwealth territory has made a request for the surrender of a person; and | | (b) | a Magistrate has, under section 16(8), ordered that the fugitive be committed to prison or ordered that the fugitive be released, as the case may be, |
| the fugitive or the Attorney-General (on behalf of the foreign State or declared Commonwealth territory) may apply for a review of the order by the General Division of the High Court on a question of fact or a question of law or on a question of mixed fact and law. |
(2) On the review of an order, the General Division of the High Court may —| (a) | confirm or vary the Magistrate’s order; | | (b) | quash the Magistrate’s order and substitute a new order in its stead, including —| (i) | an order for the release of the fugitive; or | | (ii) | an order for the committal of the fugitive to prison to await the warrant of the Minister for the fugitive’s surrender to the foreign State or declared Commonwealth territory, as the case may be; |
| | (c) | remit the case to the Magistrate with the opinion of the General Division of the High Court; | | (d) | make any order or direction that the Magistrate may make under section 19 or 20; or | | (e) | make any other order or direction as the General Division of the High Court thinks fit. |
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| (3) There is no appeal against the decision of the General Division of the High Court under subsection (2). |
(4) A notice of an application for review of an order mentioned in subsection (1) —| (a) | must be in Form 10 in the Second Schedule; and | | (b) | must be filed with the Registrar of the State Courts not later than 15 days after the order is made. |
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(5) A notice of an application for review of an order operates as a stay of the Magistrate’s order until the later of the following dates:| (a) | the expiry of the period of 15 days, starting on the day after which the order was made; | | (b) | if a review is pending, the date that the proceedings are finally determined by the General Division of the High Court. |
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(6) A notice of an application for review of an order, together with any relevant document required in Form 10 in the Second Schedule, must be served —| (a) | where the application for review is brought by the fugitive — on the Attorney-General; or | | (b) | where the application for review is brought by the Attorney-General — on the fugitive or his or her counsel. |
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| (7) Where the Magistrate is informed that the Attorney-General intends to apply for a review of an order discharging a fugitive, the Magistrate may, on the application of the Attorney-General, order that the fugitive be remanded in custody for a period not exceeding 24 hours pending the filing of the notice of an application for review of an order by the Attorney-General. |
(8) Where notice of an application for review of an order has been filed by either party, the Magistrate may —| (a) | commit the fugitive to prison pending the determination of the review by the General Division of the High Court; or | | (b) | subject to subsection (9), release the fugitive on bail. |
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| (9) Where the Magistrate has ordered that the fugitive be committed to prison under section 16(8), the conditions in section 95(2)(c) of the Criminal Procedure Code 2010 apply to the release of the fugitive on bail under subsection (8), but where the Magistrate has not so ordered, those conditions do not apply to the fugitive’s release on bail. |
| (10) The General Division of the High Court may, upon application by either party, review the decision of the Magistrate under subsection (8) and may confirm, vary or set aside the Magistrate’s decision or make any other order or direction as the General Division of the High Court thinks fit. |
(11) Where notice of an application for review of an order has been filed —| (a) | the Magistrate must, as soon as possible, transmit to the General Division of the High Court —| (i) | the record of the case and all affidavits, statements, documents and exhibits tendered before the Magistrate; | | (ii) | the notes of evidence; | | (iii) | the grounds for the Magistrate’s decision; and | | (iv) | the Magistrate’s finding on any question of law or fact or mixed law and fact which arose during the proceedings; and |
| | (b) | the Registrar of the State Courts must, as soon as possible, serve on the fugitive or the fugitive’s counsel at the address mentioned in the notice of application for review, a notice that a copy each of the documents mentioned in paragraph (a) are available and can be obtained by applying for those documents. |
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(12) An application for review of an order under this section —| (a) | does not require permission of the court; | | (b) | must be in Form 11 in the Second Schedule; | | (c) | must contain the particulars of the order on which review is sought and the particulars of the question of fact or law or of mixed fact and law mentioned in subsection (1); and | | (d) | must be filed with the Registrar of the State Courts not later than 14 days after service of the documents mentioned in subsection (11). |
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(13) Sections 377(6), (6A) and (7), 378(3) to (7), 379, 380, 381 and 392(1) to (4) of the Criminal Procedure Code 2010 apply to a review under this section with the necessary modifications as if the review were an appeal against the decision in a criminal trial by a Magistrate’s Court or District Court under that Code, and a reference in those provisions —| (a) | to a notice of appeal is a reference to a notice of an application for review of an order; | | (b) | to an appellant is a reference to the fugitive or the Attorney-General, as the case may be; | | (c) | to an accused is a reference to the fugitive; | | (d) | to the Public Prosecutor is a reference to the Attorney-General; and | | (e) | to a petition of appeal is a reference to an application for review. |
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| (14) If there is any inconsistency between the sections of the Criminal Procedure Code 2010 mentioned in subsection (13) and any provision of this Act, the provision of this Act prevails. |
| (15) The General Division of the High Court must cause notice to be given to the parties to the review of the time and place at which the review will be heard. |
(16) To avoid doubt, section 417 of the Criminal Procedure Code 2010 on application for order for review of detention does not apply —| (a) | to any person ordered to be committed to prison under section 16(8); or | | (b) | to any person ordered by the General Division of the High Court to be committed to prison under subsection (2). [Act 17 of 2022 wef 01/07/2022] |
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| Reference to Court of Appeal of matter determined by General Division of High Court |
18.—(1) When an order has been reviewed and determined by the General Division of the High Court under section 17, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of which by the General Division of the High Court has affected the case, that party may apply to the Court of Appeal for permission to refer the question to the Court of Appeal.| (2) The Attorney-General may refer any question of law of public interest under this section without the permission of the Court of Appeal. |
(3) An application under subsection (1) or a reference under subsection (2) —| (a) | must be made within 15 days, or any longer period as the Court of Appeal may permit, after the determination of the matter to which it relates; and | | (b) | in the case of an application by the Attorney-General, must be made by him or her or with his or her written consent. |
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(4) An application made under subsection (1) by a party who is not the Attorney-General —| (a) | must be in Form 12 in the Second Schedule; | | (b) | must be supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and | | (c) | must be sealed by an officer of the Registry of the Supreme Court. |
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| (5) Where an application under subsection (1) or a reference under subsection (2) is made, the General Division of the High Court must send to the Court of Appeal a signed copy of the record of the proceedings, and the grounds of decision, for the matter to which the application or reference relates. |
(6) Where —| (a) | a party applies under subsection (1) for permission to refer a question to the Court of Appeal; and | | (b) | it appears to the Court of Appeal that the question is not a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application relates, |
| the application may, without being set down for hearing, be summarily refused by an order made by a presiding Judge sitting in the Court of Appeal, certifying that the Court of Appeal is satisfied that the application was made without any sufficient ground. |
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| (7) A decision of the Court of Appeal to summarily refuse under subsection (6) an application under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the Court of Appeal. |
| (8) Notice of a refusal under subsection (6) of an application under subsection (1) must be served on the applicant. |
(9) Where, after the Court of Appeal has summarily refused under subsection (6) an application under subsection (1) (called in this subsection the application for permission), the applicant files, within 14 days after the service of the notice of the refusal on the applicant, with the Registrar of the Supreme Court —| (a) | notice of an application to amend the application for permission, so as to raise a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application for permission relates; and | | (b) | a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, |
| the Chief Justice may allow the applicant to amend the application for permission accordingly, and must restore the application for permission for hearing. |
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(10) In granting permission to refer any question of law of public interest under subsection (1), or where the Attorney-General refers any question of law of public interest under subsection (2), the Court of Appeal may —| (a) | reframe the question or questions to reflect the relevant issue of law of public interest; and | | (b) | make such orders as the Court of Appeal may see fit for the arrest, custody or release on bail of any party in the case. |
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| (11) The Court of Appeal, in hearing and determining any questions referred, may make any order that the General Division of the High Court might have made as the Court of Appeal considers just for the disposal of the case. |
(12) For the purposes of this section, each of the following is deemed to be a question of law of public interest:| (a) | any question of law regarding which there is a conflict of judicial authority; | | (b) | any question of law that the Attorney-General refers. [Act 17 of 2022 wef 01/07/2022] |
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19.—(1) When, under this Part, a Magistrate commits a person (called in this section the prisoner) to prison, or otherwise orders that he or she be held in custody, to await the warrant of the Minister for his or her surrender to a foreign State or declared Commonwealth territory (as the case may be), the Magistrate is to inform the prisoner —| (a) | that the prisoner may apply for a review of the order under section 17 or waive his or her right to do so; and | | (b) | that the prisoner will not be surrendered until after the expiry of the period of 15 days after the date of the committal or order, unless the prisoner waives his or her right to apply for a review of the order under section 17. |
(2) After the later of the following dates:| (a) | the expiry of the period mentioned in subsection (1)(b); | | (b) | if an application for review of the order is brought, the date that the proceedings are finally determined by the General Division of the High Court, |
| the Minister may if he or she decides that the prisoner is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant — |
| (c) | in accordance with Form 6 in the Second Schedule; or | | (d) | where the prisoner 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. |
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| (3) A prisoner who is committed to prison or held in custody under subsection (1) may indicate, at any time within the period of 15 days after the date of the committal or order, that he or she wishes to waive his or her right to apply for a review of the order under section 17. |
(4) Where a prisoner indicates that he or she wishes to waive his or her right to apply for a review of the order under section 17, the Magistrate must, before recording the prisoner’s consent to the waiver —| (a) | ascertain that the prisoner’s consent is given voluntarily; and | | (b) | inform the prisoner of the following consequences of his or her consent to the waiver:| (i) | the remainder of the 15-day waiting period after the date of the committal or order will be lifted; | | (ii) | the prisoner will be surrendered to the foreign State or declared Commonwealth territory as soon as practicable; | | (iii) | the prisoner will not be entitled to apply for a review of the order under section 17. |
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(5) Where —| (a) | the Magistrate is satisfied that the prisoner’s consent is given voluntarily; and | | (b) | the prisoner, after having been informed of the consequences of his or her consent to the waiver in accordance with subsection (4)(b), affirms his or her consent, |
| the Magistrate must record the prisoner’s consent to the waiver and must commit him or her to prison to await the warrant of the Minister for his or her surrender to the foreign State or declared Commonwealth territory. |
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(6) 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. |
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| (7) 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. |
(8) Where the Magistrate has recorded the prisoner’s consent in accordance with subsection (5), the Minister may, after the date of the recording of the consent, if he or she is satisfied that the prisoner is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant —| (a) | in accordance with Form 6 in the Second Schedule; or | | (b) | where the prisoner 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. |
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(9) A warrant issued under subsection (2) or (8) may order that the prisoner —| (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. |
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| (10) This section does not apply to or in relation to a person who has informed a Magistrate that he or she consents to his or her surrender to the foreign State or declared Commonwealth territory. [Act 17 of 2022 wef 01/07/2022] [Act 31 of 2022 wef 01/11/2022] |
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| Court’s powers relating to property |
20.—(1) Any property —| (a) | that was in the possession of the prisoner at the time of his or her apprehension; or | | (b) | that was seized under section 15, |
| that may be material as evidence in proving the offence to which the request for his or her surrender relates must, if the Minister so directs, be delivered up with the prisoner on his or her surrender. |
(2) Where any property —| (a) | was in the possession of the prisoner at the time of his or her apprehension or was seized under section 15; and | | (b) | was not delivered up with the prisoner on his or her surrender in accordance with subsection (1), |
| a Magistrate may by order direct that the property be disposed of — |
| (c) | by being delivered to the person whom the Magistrate is satisfied is entitled to possession of the property; or | | (d) | in any other manner as the Magistrate thinks fit. |
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| (3) If an order is made under this section in a case in which a review of a Magistrate’s order under section 17 is pending, the order must not, except where the property is perishable, be carried out until the period allowed for the review has expired or the review has been finally determined. [Act 17 of 2022 wef 01/07/2022] |
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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. |
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(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. |
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| (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] |
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(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] |
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(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. |
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| (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] |
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| Discharge of fugitive not conveyed out of Singapore within 2 months |
22.—(1) A person who, under this Part —| (a) | has been committed to prison, or otherwise ordered to be held in custody; and | | (b) | is in custody in Singapore at the expiry of 2 months after the latest of the following dates:| (i) | the date of the committal or order; | | (ii) | if an application for review of the order is brought, the date that the proceedings are finally determined by the General Division of the High Court; | | (iii) | if a reference is made to the Court of Appeal under section 18, the date that the proceedings are finally determined by the Court of Appeal, |
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| may apply to the General Division of the High Court to be released. |
| (2) Subject to subsection (3), where an application is made under subsection (1), the General Division of the High Court, upon proof that reasonable notice of the intention to make the application has been given to the Minister, is to order that the person be released. |
| (3) The General Division of the High Court is not to order that the person be released if reasonable cause is shown for the delay mentioned in subsection (1)(b). [Act 17 of 2022 wef 01/07/2022] |
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