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Extradition

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 27 Jul 2015

I2. How a Lawyer Can Helpf a person is arrested in another state or territory and is the subject of an extradition application that person should seek legal advice by contacting a lawyer. A lawyer will be able to advise that person on:

  • the relevant law in relation to extradition;
  • defences available to fight the application for extradition;
  • bail rights and procedure;
  • how to apply for bail;
  • whether the offence is an extraditable offence;
  • the court process;

the validity of the warrant for extradition. On rare occasions the warrant may be defective and can be challenged; and

  • appearing on that person’s behalf in any application for extradition. Having legal representation at court is important as cross examination of police officers involved in the case will often uncover the strengths and weaknesses of the prosecution case.

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