Extradition
5. Applicable Law
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 27 Jul 2015
- Interstate
- a warrant for extradition is prepared pursuant to section 82 of the Service and Execution of Process Act 1992 (Cth);
- the warrant is forwarded to the state where the person is believed to be residing;
- the police will apprehend that person pursuant to the warrant;
- that person will be brought before a magistrate in the state in which they have been apprehended; and
- the magistrate will hear the extradition application and determine whether to
- remand that person in custody and send them back to the state where the warrant was issued; or
- allow bail to give that person time to return to the state in which the warrant was issued.
- International
- the law governing extradition to and from Australia is contained in the Extradition Act 1988 (Cth)(‘Extradition Act’);
- a request must be made from another country to the Australian Attorney-General requesting that the person be extradited;
- the other country must supply evidence that the person has committed a crime known to Australian law in that country;
- if the Attorney-General forms the opinion that the person is an extraditable person under the Extradition Act then on arrest that person must be brought before the magistrate for a hearing and decision on whether to surrender the person to that other country; and
- extradition between Australia and New Zealand is dealt with slightly differently. It is dealt with under sections 28 and 29 of the Extradition Act. Extradition between New Zealand and Australia is treated similarly to interstate extradition.
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