Extradition

Contributed by AndrewRobson and current to 27 July 2018

Inter-state extradition

Extradition is a process where a person is sent by a magistrate from one state or country to another, to be dealt with for a criminal offence.

An extradition warrant is issued by a Justice in the state where the person committed the crime (s.18 Service and Execution of Process Act 1992 (Cth)).

The warrant is taken to the state where the person resides and the person concerned is then arrested or taken from jail and brought before a Justice (usually a Magistrate) in that state.

The Magistrate then must either issue his or her own warrant ordering the person concerned to be returned to the state where the extradition warrant was issued; allow the person bail on certain conditions; or release the person.

Additionally, in Western Australia the police may arrest, without a warrant, any person whom they have reasonable cause to suspect of having committed an act in another state or territory that was an offence against the law of the State or Territory; and consists of an act or omission which, if committed in Western Australia, would constitute an indictable offence (s.12 Criminal Code).

Any person so apprehended must be brought as soon as practicable before a Magistrates Court where the court may discharge them; admit them to bail with or without any conditions; or commit them to custody, pending the issue and execution of a warrant for the person’s apprehension under the law of the State or Territory in which they are alleged to have committed the offence.

International extradition

Extradition can also be sought in relation to a person who is accused of a crime in another country or who is required to serve a sentence in another country.

Extradition from Australia is governed by the Extradition Act 1988 (Cth) which sets out several requirements that must be met before Australia can make or accept an extradition request.

Where it is believed a fugitive may flee the jurisdiction then a county can seek the arrest of the fugitive through Interpol, which is an organization which facilitates international police cooperation.