Here you will find practical legal information to inform you and help you consider what your next step should be in relation to extradition. This guide focuses primarily on interstate extradition.

Extradition is the process by which a person can be apprehended in one place and sent to another place to face criminal charges or serve a sentence. In Australia you can be extradited interstate between one state or territory and another. Alternatively you can be extradited overseas to another country or from another country to Australia to face charges here.

Extradition law exists to prevent those facing criminal charges evading the justice system by simply crossing borders into a different state or territory or moving internationally between countries.

Interstate Extradition:

• If a person commits an offence and then moves interstate a warrant (court order) may be issued for that person’s return to the original state or territory so that they may face charges or complete a prison sentence.
• A valid warrant must exist for interstate extradition to occur.
• On arrest the person will be brought before a magistrate in the state where they currently are for an extradition hearing.
• At the extradition hearing the magistrate will determine whether the warrant is valid. If the court finds the warrant to be valid it may also decide whether the accused person should be granted bail.

International Extradition:

• Sometimes a person who is overseas is sought by Australian law enforcement authorities for the purpose of being charged with a criminal offence or to complete a sentence here.
• Australian authorities can seek the assistance of law enforcement authorities overseas to locate, arrest and bring the person before a court of that country to face an extradition hearing.
• At the extradition hearing Australian authorities will usually engage a local prosecuting lawyer to request the court to order that the person be extradited back to Australia to face those charges or complete their sentence.
• The same applies in reverse. Authorities in another country who believe a person has committed an offence in their country and that the person is now in Australia can approach Australian authorities for help in returning that person to their country.
• They might ask Australian authorities to assist in locating, arresting and appearing before an extradition hearing to request an Australian court order the person be sent back to the country requesting extradition.
• International extradition is more complicated than interstate extradition. Whether an international extradition order will be granted depends on:
  • whether Australia has an extradition treaty (agreement) with the other country;
  • the type of crime alleged to have been committed; and
  • whether the alleged crime would be considered a crime in the country where the accused person is being extradited from.
• Many countries including Australia will not extradite to another country where the accused might face the death penalty if convicted.

This Legal Guide on Extradition provides members of the public with information about extradition proceedings. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.