Extradition Act 1968
Singapore extradition law
How extradition law works in Singapore — the countries Singapore can extradite to, extraditable offences, double criminality and specialty.
Three things worth knowing first
The Extradition Act 1968 is the only basis for surrender from Singapore. Nobody can be surrendered otherwise than under it.
A treaty has no force of its own. Singapore is a dualist country, and treaty obligations create no rights or duties in domestic law until legislation transposes them. It is the Act that gives Singapore’s extradition treaties domestic effect: Public Prosecutor v Tan Cheng Yew [2012] SGHC 241.
The law changed significantly in 2022. The old list of extraditable offences was replaced with a threshold test, further restrictions on surrender were added, consent to surrender was introduced, and the route for challenging a committal was replaced with a review in the High Court. Older decisions have to be read with that in mind.
What is extradition?
What extradition means, what a Singapore extradition court decides, and what it does not.
Learn moreExtradition Act 1968, ss 3–6Which countries
The countries and territories Singapore can extradite to, and why the treaty itself can limit what is possible.
Learn moreExtradition Act 1968, s 2(1)Extraditable offences
Since 2022 Singapore uses a threshold test — a maximum of at least two years’ imprisonment in both countries.
Learn moreExtradition Act 1968, s 2(1)(b)Double criminality
Double criminality requires the conduct to be criminal in both countries. Singapore applies a conduct test.
Learn moreExtradition Act 1968, ss 8(2) and 26Specialty protection
The rule that a surrendered person may be tried only for the offence one was surrendered for.
Learn moreExtradition Act 1968, Part 6 · Criminal Procedure Code 2010, s 121Malaysia and Brunei
A reciprocal warrant-endorsement arrangement applies, with different steps and time limits.
Learn moreIf 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.
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