Written by Cheryl Ng, Advocate & Solicitor
If the country asking is Malaysia or Brunei, a different regime applies. See Malaysia and Brunei.
From request to arrest
The requesting country makes a request to the Minister through diplomatic channels. Receiving a valid request is a legal precondition to the Minister acting at all — without one, there is no power to issue the notice that starts the Singapore process.
The Minister may then give written notice to a Magistrate, who issues a warrant of apprehension. A Magistrate may also issue a warrant before any request arrives, where there is urgency. That is a provisional arrest, and it has been the starting point of every reported Singapore extradition case since 2022.
After arrest one is produced before a Magistrate as soon as practicable, and remanded in cycles of no more than seven days.
The committal hearing
Before one can be committed to extradition, the Magistrate must be satisfied of three things: that a duly authenticated foreign warrant has been produced; that there is a prima facie case that would justify putting one on trial if the conduct had happened in Singapore, or sufficient evidence of a conviction; and that one is liable to be surrendered.
If the Magistrate is satisfied of all three, committal follows. If not, one must be released.
The committal court does not decide guilt, and does not weigh possible defences or examine one's state of mind. Those are matters for the trial court in the requesting country.
Review, and the Minister’s decision
One must be told immediately that one may apply for a review in the General Division of the High Court, and that one will not be surrendered for at least 15 days. A review may be brought by one or by the Attorney-General, needs no permission, and must be filed within 15 days. The High Court’s decision is final, though a question of law of public interest may be referred to the Court of Appeal with permission. See Fighting extradition.
If one is not conveyed out of Singapore within two months of the last relevant decision, the High Court must order one's discharge unless there is reasonable cause for the delay.
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.