Section 5

Where a Court in Singapore has issued a warrant in lieu of a summons or in addition to a summons for the arrest of a person under the provisions of the law of Singapore corresponding to section 47 of the Criminal Procedure Code, and such person is or is suspected of being in or on his way to Malaysia, a Magistrate in Malaysia may, if satisfied that such warrant was duly issued in

Singapore, endorse the warrant with his name and designation and seal it with the seal of his Court, and such warrant may then be executed on such person as if it were a warrant issued in Malaysia under the Criminal Procedure Code.

Where under the provisions of any law in force in Singapore corresponding to subsection (1) a warrant issued by a Court in

Malaysia has been duly endorsed in Singapore and executed on the person named in the warrant, such warrant shall for the purposes of the Criminal Procedure Code be deemed to have been as validly executed as if such execution has been effected in

Malaysia.

Where a warrant has been executed in Malaysia pursuant to subsection (1), the person arrested shall be produced as soon as possible before a Magistrate in Malaysia, who shall, if satisfied that he is the person specified in the warrant, direct that the arrested person be transferred forthwith in custody to the appropriate Court in Singapore and any such person shall while in such custody, be deemed for all purposes to be in lawful custody:

Provided that such Magistrate may, if for reasons to be recorded by him, he is satisfied that it is in the interests of justice so to do, notwithstanding that the warrant of arrest contains no provisions for the grant of bail to the person arrested, release such person on bail conditional on his appearing before the appropriate

Court in Singapore at a time to be specified in the bond and bail 025e.fm Page 8 Monday, March 27, 2006 2:09 PM

Summonses and Warrants

(Special Provisions) 9

bond; and the Criminal Procedure Code relating to bail and bonds shall apply to such bond and bail bond.

In addition to the liability to forfeiture of a bond and bail bond executed under the proviso to subsection (3) and to payment of the penalty thereof, the person released on such bond and bail bond who intentionally omits to appear before the appropriate

Court in Singapore in accordance with the terms of the bond and bail bond shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred ringgit, or to both.

In proceedings for the forfeiture of a bond and bail bond executed under the proviso to subsection (3) and for the payment of the penalty thereof, and in a trial for an offence under subsection (4) a certificate signed by a Magistrate in Singapore that the person released on such bond and bail bond had omitted to appear before the appropriate Court in Singapore in accordance with the terms of the bond and bail bond shall be sufficient evidence that the person had intentionally omitted to appear before the appropriate Court in Singapore in accordance with the terms of the bond and bail bond unless the contrary be proved, and no process shall issue on such Magistrate in Singapore or any other officer of Court in Singapore to give evidence at such proceeding on behalf of any party.

The provisions of this section shall have effect notwithstanding the provisions of the Commonwealth Fugitive Criminals Act 1967 [Act No. 54 of 1967]*.

Proof of Singapore documents