Written by Cheryl Ng, Advocate & Solicitor
“One already has a lawyer there. Do we need one here too?”
Yes. The proceedings that decide whether one leaves Singapore take place in a Singapore court, under Singapore law. Only Singapore counsel can appear in them.
Equally, we do not advise on what one faces in the requesting country. That is what counsel there is for. What matters is that the two are talking to each other. It is important for foreign counsel to advise us, as Singapore counsel, how best to present our case in Singapore which may affect what happens when our client is extradited.
What each side contributes
Your lawyers abroad tell us what one is really facing — the strength of the case, the sentencing exposure, whether a limitation period is running, whether one was convicted in one's absence, and whether anything beyond the request is in prospect.
Several of those facts are not background. They are the substance of Singapore arguments: a foreign limitation period, a conviction in absence, and the precise offence and its maximum sentence all bear directly on whether one can be surrendered at all. We work together with foreign counsel for this reason.
Specialty is the clearest example
Specialty is the rule that once surrendered, one may be dealt with in the requesting country only for the offence one was surrendered for. What happens in Singapore therefore shapes what one can face on arrival — which is why a decision to waive it should never be taken without input from counsel there. See Specialty protection.
For counsel instructing from overseas
If you act for a client in the requesting country and need Singapore representation, contact us directly. We are able to act at short notice, including where the first production has already taken place.
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.