35.—(1) A person who is apprehended under a warrant referred to in section 33 or under a warrant issued under section 34 must be brought as soon as practicable before a Magistrate.
[Act 17 of 2022 wef 01/07/2022]
(2) A 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.
[Act 17 of 2022 wef 01/07/2022]
(3) Where a Magistrate remands a person for such a period, the person must, at the expiration of the period, be brought before the Magistrate or before any other Magistrate.
[Act 17 of 2022 wef 01/07/2022]
(4) In the application of subsections (5) to (11) in relation to a person who has been apprehended under a warrant referred to in section 33 or under a warrant issued under section 34, “Magistrate” means the Magistrate before whom the person is brought after the person was apprehended or at the expiry of a period for which the person has been remanded under this section, as the case may be.
[Act 17 of 2022 wef 01/07/2022]
(5) Where the person was apprehended under a warrant issued under section 34 and the warrant referred to in section 33 authorising the apprehension of the person has not been endorsed, the Magistrate may, and must if a reasonable time has elapsed for the endorsement of the warrant —
(a)
if the person apprehended is held in custody, order that the person be released; or
[Act 17 of 2022 wef 01/07/2022]
(b)
if the person apprehended has been released on bail, make an order discharging the bonds upon which he or she was released on bail.
[Act 17 of 2022 wef 01/07/2022]
[Act 17 of 2022 wef 01/07/2022]
(6) Where —
(a)
the person was apprehended under a warrant referred to in section 33; or
(b)
the person was apprehended under a warrant issued under section 34 and the warrant referred to in section 33 authorising the apprehension of the person has been endorsed,
the Magistrate is to, subject to section 36, by warrant in accordance with Form 9 in the Second Schedule, order the person to be surrendered to Malaysia and, for that purpose, to be delivered into the custody of the person bringing that warrant or of any other person to whom that warrant was directed.
[Act 17 of 2022 wef 01/07/2022]
(7) Where the Magistrate is of the opinion that it would be dangerous to the life or prejudicial to the health of the person to surrender him or her to the country mentioned in subsection (6), the Magistrate may, in lieu of ordering that the person be surrendered to Malaysia, by warrant, order that he or she be held in custody at the place where he or she is for the time being, or at any other place to which the Magistrate considers that the person can be removed without danger to his or her life or prejudice to his or her health, until such time as he or she can without such danger or prejudice be surrendered to Malaysia.
[Act 17 of 2022 wef 01/07/2022]
(8) In the case referred to in subsection (7), the warrant must be in accordance with Form 9 in the Second Schedule with such variations as are necessary to meet the circumstances of the case.
[Act 17 of 2022 wef 01/07/2022]
(9) A warrant issued under subsection (6) or (7) may be executed according to its tenor.
(10) If the person so ordered to be surrendered escapes from the custody of the person executing the warrant, he or she 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.
[Act 17 of 2022 wef 01/07/2022]
(11) Any property in the possession of the person so ordered to be surrendered at the time of his or her apprehension that may be material as evidence in proving the offence for which he or she is being surrendered must, if the Magistrate so directs, be delivered up with the person on his surrender.