Criminals can not avoid justice by moving or crossing borders from their state to another. Extradition law in Australia is the formal process by which a fugitive found outside a jurisdiction is surrendered to the jurisdiction where an alleged offence has taken place for trial or punishment, under Australian law. This may include a process done within the country or one between Australia and another country.
The extradition of persons to another State or Territory of Australia is governed by the Service and Execution of Process Act 1992 which replaced the 1901 Act. Section 24 of this Act states that police can commence proceedings against you in any part of Australia. Lets say, for example that the police issue an arrest warrant against you in NSW, this warrant can be enforced in any part of Australia and stays in force until such time that you are arrested.
What Happens when you are arrested in another State?
If you are arrested by police for an offence that allegedly occurred in another Australian jurisdiction, you will first be taken before a local magistrate, who will normally order that you are sent back to the place where the alleged crime occurred.
If this is the case, quite often you may be forced to spend time in local custody until you are extradited, unless you make a successful bail application. With current changes for Bail application, it will never be easy to get bail in such circumstances.
What is the Difference between Extradition and deportation?
Quite often people get mixed up with difference between Extradition and deportation. Extradition is the formal government-to-government process by which a foreign country sends a person to another country to face prosecution or to serve a sentence.
Extradition is only requested for serious criminal offences. Deportation is the removal of a person who does not have any lawful right to enter and/or stay in a country.
If you are facing such charges or need to clarify something, speak to a lawyer today or Call us on (02) 9891 2636 to discuss your case.
