What Is Extradition Treaty In Singapore And How It Works

by 22 January 2025Knowledge & Insights

The meaning of extradition, as a legal process, involves one country requesting the return of an individual from another country to face prosecution, serve a sentence, or answer charges for a crime committed. This mechanism is essential in maintaining international cooperation and ensuring offenders cannot evade justice simply by crossing borders.

The extradition treaty in Singapore with other nations ensures justice prevails for individuals who commit offences in Singapore and attempt to flee. But how exactly does the system work, and what happens when an extradition request is made?

In this article, we’ll explore the concept of extradition, its significance in Singapore’s legal landscape, and how treaties between nations make it possible to bring fugitives to justice.

How Does Extradition Work In Singapore?

Have you ever wondered what extradition is and how it applies in a globalised world where crimes often cross borders?

The Extradition Act 1968 provides the legal framework for managing extradition cases in Singapore. It outlines the conditions and procedures under which an extradition request can be made to or from Singapore. The Act reflects Singapore’s commitment to upholding justice through international cooperation while balancing the rights of individuals involved in such cases.

Singapore’s extradition process involves multiple steps to ensure fairness, compliance with legal principles, and international cooperation.

When an extradition request is received, the requesting country must provide sufficient evidence to establish that the accused has committed an extraditable offence.

Once a request is made, it is reviewed by Singapore’s Attorney-General’s Chambers (AGC) and the Ministry of Law. These authorities assess whether the request complies with the terms of Singapore’s extradition laws and, if applicable, the relevant treaty.

Key considerations include the nature of the offence, the evidence provided, and any applicable safeguards, such as whether the accused might face unfair treatment in the requesting country.

If the request is deemed valid, the case proceeds to the Singapore Courts, where a judge will determine whether the legal requirements for extradition have been met. The accused has the right to legal representation and can contest the extradition during these proceedings.

If the Court grants the extradition request, the final decision lies with Singapore’s Minister for Law, who considers broader factors such as diplomatic relations and public interest. Once approved, the accused is formally handed over to the requesting country to face prosecution or serve a sentence.

 

What Are Considered As Extradition Offences?

The Act applies only to specific offences classified as “extraditable offences.” These typically include serious crimes such as homicide, fraud, kidnapping, and rape.

The crime must also meet the principle of dual criminality, meaning it must be recognised as a criminal offence in both Singapore and the requesting country.

 

What Are The Countries With Extradition Treaty With Singapore?

Singapore has signed bilateral extradition treaties with 40 countries, allowing for extradition based on mutually agreed-upon terms. Notable treaty partners include the United States, Germany, and Hong Kong.

Singapore also recognises extradition arrangements with other Commonwealth countries, including Australia, Canada, and the United Kingdom.

While extradition is primarily facilitated through treaties, Singapore can also consider requests from countries without formal agreements. In such cases, extradition may be granted based on ad hoc diplomatic arrangements or reciprocal agreements, provided the legal requirements under the Extradition Act are met.

 

What Occurs When You Leave Singapore After Committing A Crime?

Singapore’s laws and international cooperation through extradition treaties and agreements ensure that fleeing the jurisdiction does not mean escaping justice. Singaporean authorities typically issue an arrest warrant when an individual absconds after committing a crime.

If the person is believed to have left the country, the police may seek international assistance through Interpol, often issuing a Red Notice. This alert notifies law enforcement agencies worldwide of the fugitive’s status and requests their assistance in locating and apprehending the individual.

Singapore may initiate an extradition request if the fugitive is found in a foreign country. This request is directed to the country where the fugitive resides and is handled under the provisions of the Extradition Act 1968. The process depends on whether Singapore has an extradition treaty with that country.

The extradition request must demonstrate that the crime committed is an extraditable offence and that sufficient evidence exists to warrant prosecution. The accused may contest the extradition in the foreign country’s Courts, but if the request is approved, they will be returned to Singapore to face the legal consequences.

Failing to comply with extradition laws or ignoring such requests can lead to broader diplomatic challenges for the fugitive’s host country, increasing the likelihood of compliance. Furthermore, even in cases where extradition is not granted, absconding from Singapore may result in long-term travel restrictions and complicate the individual’s ability to live or work abroad.

 

Conclusion About Singapore’s Extradition Treaty

Singapore’s extradition treaty framework underscores its commitment to ensuring justice across borders. By leveraging international cooperation and robust legal systems, fugitives are held accountable, regardless of where they flee.

Navigating extradition cases, however, can be complex and requires specialised expertise. Tembusu Law’s criminal lawyers in Singapore offer skilled representation and clear guidance in extradition matters.

Contact Tembusu Law today for professional assistance with your case.

 

Frequently Asked Questions About Singapore’s Extradition Treaty

How Long Does The Extradition Process Take In Singapore?

The duration depends on factors such as the case’s complexity, the country involved, and whether the accused contests the extradition. Some cases may take months or even years.

Can A Fugitive Be Extradited For A Crime Committed Decades Ago?

Yes, extradition can be sought for older crimes if they are still prosecutable under the law of both countries and meet the requirements for extraditable offences.

Is There Any Legal Recourse If Someone Is Wrongfully Extradited?

If wrongful extradition occurs, legal action may be taken to challenge the decision in the Courts. Depending on the circumstances, compensation or other remedies may be sought.

Are All Commonwealth Countries Automatically Subject To Singapore’s Extradition Act?

Not automatically. While the Extradition Act includes provisions for Commonwealth countries, extradition is subject to reciprocal arrangements or specific agreements between Singapore and the country involved.

About the author

About the author

Tembusu Law

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.

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