Extradition Act 1968

Extradition Act 1968 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to provide for the extradition of fugitives to and from Commonwealth countries and foreign States and for matters connected therewith. [1 August 1968] PART 1 PRELIMINARY Short title 1. This Act is the Extradition Act 1968. Interpretation 2.—(1) In this Act, unless the context otherwise requires — [Deleted by Act 17 of 2022 wef 01/07/2022] “authorised officer” means — (a) the Director, any Deputy Director, any Divisional Director or any other officer, of the Central Narcotics Bureau, appointed under section 3(1) of the Misuse of Drugs Act 1973; (b) the Director, any deputy director, any assistant director or any special investigator, of the Corrupt Practices Investigation Bureau appointed under section 3(1) and (2) of the Prevention of Corruption Act 1960; (c) any Commercial Affairs Officer appointed under section 64(1) of the Police Force Act 2004; (d) the Controller of Immigration or any immigration officer appointed under section 3(1) of the Immigration Act 1959; (e) the Director-General of Customs, any Deputy Director-General of Customs or any Assistant Director-General of Customs appointed under section 4(1) and (2), any senior officer of customs appointed under section 4(4), or any officer of customs appointed under section 5(2), of the Customs Act 1960; (f) any police officer; or (g) any other person or class of persons appointed by the Minister as an authorised officer or authorised officers for the purposes of this Act; [Act 17 of 2022 wef 01/07/2022] “Convention offence” means an offence specified in the Fourth Schedule by reference to a specified written law relating to a multilateral convention or treaty; [Act 17 of 2022 wef 01/07/2022] “Convention State” means a state or territory that is a party to the multilateral convention or treaty defined in each written law specified in the Fourth Schedule; [Act 17 of 2022 wef 01/07/2022] “declared Commonwealth territory” means a state or territory declared to be a Commonwealth territory under section 6; [Act 17 of 2022 wef 01/07/2022] “excluded offence” means an offence described or specified in the First Schedule; [Act 17 of 2022 wef 01/07/2022] [Deleted by Act 17 of 2022 wef 01/07/2022] [Deleted by Act 17 of 2022 wef 01/07/2022] “extradition offence” means — (a) in relation to a request made by Singapore — (i) an offence (wherever committed) against the law in force in Singapore that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and (ii) the offence is not an excluded offence; (b) in relation to a request made by a foreign State or a declared Commonwealth territory — (i) an offence against the law of, or of a part of, the foreign State or the declared Commonwealth territory that carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment, or aiding, abetting, counselling or procuring the commission of, or being an accessory to, or attempting or conspiring to commit such an offence; and (ii) the act or omission constituting the offence or the equivalent act or omission would, if it took place in or within the jurisdiction of Singapore, constitute an offence against the law in force in Singapore that — (A) carries a maximum punishment of imprisonment for not less than 2 years or any more severe punishment; and (B) is not an excluded offence; or (c) any offence that is deemed to be an extradition offence under this Act or a written law relating to a multilateral convention or treaty specified in the Fourth Schedule; [Act 17 of 2022 wef 01/07/2022] “extradition treaty” means a treaty or agreement made by Singapore with a foreign State relating to the extradition of fugitives, and includes any treaty or agreement relating to the extradition of fugitives made before 9 August 1965 which extends to, and is binding on, Singapore; “foreign State”, in relation to — (a) an extradition request made to Singapore, means — (i) any foreign State; or (ii) any territory specified in the Third Schedule, between which and Singapore an extradition treaty is in force; and (b) an extradition request made by Singapore, means — (i) any foreign State; or (ii) any territory (including any territory specified in the Third Schedule); [Act 42 of 2024 wef 28/03/2025] “foreign warrant” means a judicial or other document issued under the law of, or of a part of, a foreign State and authorising the apprehension of a person; “fugitive” means a person who is accused of an extradition offence that is alleged to have been committed, or convicted of an extradition offence that was committed at a place within the jurisdiction of a foreign State or a declared Commonwealth territory or of a part of such State or territory and is, or is suspected to be, in Singapore; [Act 17 of 2022 wef 01/07/2022] “material” includes any book, document or other record in whatever form, and any container or article relating thereto; [Act 17 of 2022 wef 01/07/2022] “overseas warrant” means a judicial or other document issued under the law of, or of a part of, a declared Commonwealth territory and authorising the apprehension of a person; [Act 17 of 2022 wef 01/07/2022] “prison” has the meaning given by section 2 of the Prisons Act 1933; [Act 17 of 2022 wef 01/07/2022] “thing” includes material. [Act 17 of 2022 wef 01/07/2022] (2) A reference in this Act to a fugitive from a foreign State or declared Commonwealth territory is a reference to a fugitive accused of an extradition offence that is alleged to have been committed, or convicted of an extradition offence that was committed, at a place in that State or territory or within the jurisdiction of, or of a part of, that State or territory. [Act 17 of 2022 wef 01/07/2022] (3) To avoid doubt, an offence is not prevented from falling within the definition of “extradition offence” in subsection (1) merely because it is an offence of a purely fiscal character. [Act 17 of 2022 wef 01/07/2022] (4) For the purposes of this Act, an offence against the law of, or of a part of, a foreign State or declared Commonwealth territory may be regarded as being an offence of a political character notwithstanding that there are not competing political parties in that State or territory. [Act 17 of 2022 wef 01/07/2022] (5) For the purposes of this Act — (a) a colony, territory or protectorate of a foreign State or of a country other than Singapore; (b) a territory for the international relations of which a foreign State or a country other than Singapore is responsible; and (c) a ship or aircraft of, or registered in, a foreign State or a country other than Singapore, are, unless the contrary intention appears, each deemed to be within the jurisdiction, and to be part, of that foreign State or of that country. [Act 17 of 2022 wef 01/07/2022] (6) For the purposes of this Act, a person convicted of an offence in his or her absence is to be treated as a person accused of that offence. [Act 17 of 2022 wef 01/07/2022] (7) [Deleted by Act 17 of 2022 wef 01/07/2022] (8) [Deleted by Act 17 of 2022 wef 01/07/2022]