Clause 9

after section 15, insert —“Magistrate to ascertain whether apprehended person consents to surrender, etc.15A.—

A person who is apprehended under a warrant issued under section 12 must, unless he or she is sooner released, be brought as soon as practicable before a Magistrate.(2) The Magistrate may remand a person brought before him or her under this section, either in custody or on bail, for a period or periods not exceeding 7 days at any one time.(3) Where a Magistrate remands a person for the period in accordance with subsection (2), the person must, at the expiry of the period, be brought before the Magistrate or before any other Magistrate.(4) Whenever a person is brought before a Magistrate under subsection (1) or (3), the Magistrate is to ascertain from the person whether he or she wishes to consent to his or her surrender to the foreign State or declared Commonwealth territory, and —

where the person indicates to the Magistrate that he or she wishes to consent to his or her surrender to the foreign State or declared Commonwealth territory — the procedure under section 21 applies; and

in every other case — the procedure under section 16 applies.(5) If the person was apprehended under a warrant issued otherwise than in pursuance of an authority by the Minister in a notice under section 11(1)(a), the Magistrate is to remand the person in accordance with subsections (2) and (3) until the Magistrate receives a notice under section 11(1)(b) from the Minister informing the Magistrate that a request for the surrender of the person has been made to the Minister by a foreign State or declared Commonwealth territory.(6) Where the Magistrate does not receive a notice under section 11(1)(b) mentioned in subsection (5) within such time as is reasonable having regard to all the circumstances, the Magistrate —

if the person apprehended is held in custody, is to order that he or she be released; or

if the person apprehended has been released on bail, is to make an order discharging the bonds upon which the person apprehended was released on bail.(7) In subsections (5) and (6), “Magistrate”, in relation to a person who has been apprehended under a warrant issued under section 12, means the Magistrate before whom the person is brought after he or she was apprehended or at the expiry of a period for which he or she has been remanded under this section, as the case may be.”;

in section 16, delete the section heading and substitute —“Order by Magistrate if apprehended person does not consent to surrender”;

in section 16, delete subsections (1) to (7);

in section 16(8), delete “If the person” and substitute “In a case where this section applies because of section 15A(4)(b), if the person brought before a Magistrate under section 15A(1) or (3)”;

in section 16, delete subsection (11) and substitute —“(11) In this section, “Magistrate”, in relation to a person who has been apprehended under a warrant issued under section 12, means the Magistrate before whom the person is brought after he or she was apprehended or at the expiry of a period for which he or she has been remanded under section 15A, as the case may be.”;

in section 19, delete subsection (10) and substitute —“(10) This section does not apply to or in relation to a person who has informed a Magistrate that he or she consents to his or her surrender to the foreign State or declared Commonwealth territory.”;

in section 21(3), delete “section 19(8)” and substitute “subsection (5A)”;

in section 21, after subsection (5), insert —“(5A) After the Minister receives a certificate under subsection (5) relating to a person, the Minister may, if the Minister is satisfied that the person is to be surrendered to the foreign State or declared Commonwealth territory, issue a warrant —

in accordance with Form 6 of the Second Schedule; or

where the person is held in custody otherwise than at a prison, in accordance with that Form with any modification that is necessary to meet the circumstances of the case.(5B) A warrant issued under subsection (5A) may order that the person —

be delivered into the custody of a person specified in the warrant;

be conveyed by that person to a place in the foreign State or declared Commonwealth territory or within the jurisdiction of, or of a part of, that State or territory; and

be surrendered there to some person appointed by the foreign State or declared Commonwealth territory to receive him or her.”;

in section 21(8), delete paragraph (a);

in section 35, delete subsection (10);

after section 49, insert —“Arrest of person committed in prison or held in custody under this Act, etc.49A. The following persons may be arrested in the same manner as a person accused of an arrestable offence against the law in force in Singapore may be arrested upon an escape from lawful custody:

a person who escapes from the custody of the person executing a warrant of surrender against the firstmentioned person under this Act;

a person who escapes after being taken into custody, or committed to prison, under this Act.”; and

in the Second Schedule, in Form 6, in the Form reference, after “Sections 19”, insert “, 21”.