Extradition
4. International Extradition
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 27 Jul 2015
- International extradition is more complex than interstate extradition.
- The following must be established for extradition to occur:
- an extradition treaty (agreement) between the two countries must exist; and
- the act for which extradition is sought must be considered a crime in both countries. Extradition rarely occurs where the crime is political.
- Extradition can also be refused if the person is likely to face capital punishment or torture if extradited.
- In that circumstance a country may sometimes choose to prosecute the accused person in their own jurisdiction rather than extradite them.
View more Information on Criminal Law