Written by Cheryl Ng, Advocate & Solicitor
What changed in 2022
Singapore used to work from a list: only offences described in a schedule could be extradited for. Since 2022 it works from a threshold. The question is no longer whether the offence appears on a list, but whether it meets the threshold.
Parliament’s reason was that international practice had moved this way, and that a threshold makes extraditability easier to determine.
The test
An offence is an extradition offence where three conditions are met. It must carry a maximum of not less than two years’ imprisonment, or something more severe, in the requesting country. The same conduct must be an offence carrying a maximum of not less than two years if it had taken place in Singapore. And the Singapore offence must not appear on the excluded list in the First Schedule to the Act.
The excluded list covers offences falling outside the definitions of “serious offence” and “drug dealing offence” in the Mutual Assistance in Criminal Matters Act 2000, together with a number of specified regulatory offences.
The threshold does not override the treaty
The threshold is Singapore’s domestic definition. It does not enlarge what a treaty permits, because the Act applies to a treaty country subject to that treaty’s own limitations. Where the treaty enumerates the offences it covers, conduct outside that list is beyond reach however serious it is.
So there are two questions in every case, not one: does the conduct cross the threshold, and is it within the coverage of the arrangement that applies to that particular country?
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.