Written by Cheryl Ng, Advocate & Solicitor
What is happening
One has been arrested on a warrant issued by a Singapore Magistrate. Even where another country asked for the arrest, and even where there is an INTERPOL Red Notice, the arrest can only be made under a warrant issued here.
One has not been charged with any offence in Singapore. Extradition is not a Singapore prosecution.
In many cases the arrest happens before the requesting country has made its formal request. Where that is so, the law requires one's release if the Minister’s notice does not arrive within a reasonable time — and some treaties set an outer window.
What you can do today
Find out which country is asking for one, and for what. That single fact determines almost everything else, including whether Singapore can extradite to that country at all.
Gather whatever documents you have, and note the dates — of arrest, of the first production in court, and of the next hearing. Several legal deadlines run from them.
Find out whether one has a lawyer in the requesting country. If one does not, that usually needs to be arranged quickly.
One thing to be careful about
A Magistrate will ask one, early on, whether one consents to being surrendered. Consenting removes the requirement that the requesting country show a case against one, and the Act provides no way of withdrawing consent once it has been recorded. It is sometimes the right decision. It should never be made without advice. See Consenting to surrender.
If someone close to you has been arrested in Singapore on another country’s request, the steps taken in the first days can make a real difference. Contact us to arrange a discussion about your situation.
The information on this page is general in nature and may not reflect the latest developments. Extradition arrangements change, and the law develops over time. Nothing on this page constitutes legal advice, and reading it does not create a solicitor–client relationship. For advice on your own situation, please contact us.