Written by Cheryl Ng, Advocate & Solicitor
Where the arguments are made
There are four points of resistance: before the Magistrate at the committal hearing; on review in the General Division of the High Court; and in extremely limited situations, by reference of a question of law to the Court of Appeal.
Separately, the Minister’s decisions can be judicially reviewed. Paulus Tannos v Attorney-General [2026] SGHC 118 is the first full treatment of such a challenge in Singapore.
The restrictions on surrender
The Act sets out circumstances in which a person is not liable to be surrendered at all. They include where the offence is of a political character, or the request is really made to punish one for such an offence; where there is no specialty protection; where one is under charge, on remand or serving a sentence in Singapore; where one has already been acquitted, pardoned or punished for the same conduct anywhere; where one was convicted in one's absence and will have no right to a retrial; where prosecution is already time-barred in the requesting country; and where the conduct is an offence only under military law.
Separately, the Minister must refuse surrender where there are substantial grounds for believing the request is really made in order to prosecute or punish one on account of one's race, religion, sex, ethnic origin, nationality or political opinions. The Minister may also decline where surrender would be unjust or oppressive — by reason of the trivial nature of the offence, an accusation not made in good faith, the passage of time, or any other sufficient cause.
What tends to matter in practice
The most productive line of challenge in Singapore has been whether the offence is genuinely extraditable — including whether it falls within the coverage of the particular treaty.
What cannot be argued
It is worth knowing this at the outset. The committal court does not decide guilt, and will not weigh defences or examine one's state of mind. Singapore has no rights-based bar of the kind available in the United Kingdom, so arguments about trial fairness or prison conditions in the requesting country have no place at the committal stage. Being a Singapore citizen is not, by itself, an answer to a request.
Which of these avenues is realistically open depends entirely on the country, the treaty and the documents in your case.
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.