Written by Cheryl Ng, Advocate & Solicitor
What consent does
Consent to surrender was introduced by the 2022 amendments. Before that, there was no way to shorten committal proceedings.
If one consents, there is no committal hearing and the requesting country does not have to show a case against one. A Magistrate must first be satisfied that the consent is voluntary, and must explain the consequences — including the effect on specialty protection. The documentary foundation still has to be in place: consent can only be recorded once the Minister’s notice has been received and a duly authenticated foreign warrant produced.
What consent does not do
It does not oblige the Minister to surrender one. Before issuing a warrant, the Minister must still consider whether one is liable to be surrendered, applying the statutory restrictions.
Nor does it automatically give up specialty protection. The requesting country must still give a specialty undertaking unless one separately waives it — a distinct decision, and one we would ordinarily advise against without a considered reason. See Specialty protection.
Treat it as final
The Act provides no procedure for withdrawing consent once a Magistrate has recorded it, and there is no decided case on whether it can be withdrawn. We advise clients on the footing that it cannot.
A similar decision arises later. A person who has been committed may waive one's right to a review in the High Court, which shortens the remaining wait but ends the case. Both deserve the same care.
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.