Over the years, Australia has seen several high-profile extradition cases that have tested the boundaries of its extradition laws.
Notable cases include the political asylum and extradition of Julian Assange between the United States, United Kingdom, Ecuador and Australia; the extradition of Tony Mokbel from Greece to Australia to serve a sentence; and the extradition of Malka Leifer from Israel to face a criminal trial.
Extradition proceedings often raise complex legal and diplomatic issues, and human rights concerns.
Australia has relationships with other countries to facilitate compliance with international agreements and standards, while also upholding the administration of criminal justice within Australia and globally.
The process, both interstate and internationally, can be summarised in four steps:
Such proceedings require careful consideration of legal, diplomatic, and human rights issues to ensure extradition does not lead to unfairness and injustice. Obtaining advice and expertise of specialist lawyers is essential. At Doogue + George, we have the experts who can provide strategic advice and representation when needed most.
Notable cases include the political asylum and extradition of Julian Assange between the United States, United Kingdom, Ecuador and Australia; the extradition of Tony Mokbel from Greece to Australia to serve a sentence; and the extradition of Malka Leifer from Israel to face a criminal trial.
Extradition proceedings often raise complex legal and diplomatic issues, and human rights concerns.
What is Extradition?
Extradition is a process which allows different foreign countries or Australian states to transfer an individual from one jurisdiction to another so that they can be tried for crimes allegedly committed or serve sentences imposed in that jurisdiction.Australia has relationships with other countries to facilitate compliance with international agreements and standards, while also upholding the administration of criminal justice within Australia and globally.
What is the Process
There are two types of extraditions: international or interstate. The laws establish the procedures for both incoming and outgoing extraditions.The process, both interstate and internationally, can be summarised in four steps:
- A request for extradition is received.
- An initial or provisional arrest warrant is issued to apprehend the person,
- Once arrested, an extradition hearing takes place to determine whether a person can be extradited,
- The formal extradition of the person to the foreign country or Australian state or territory takes place.
If You Require Extradition Advice
Extradition in Australia is a complex legal process governed by stringent laws and international agreements. It can involve local court proceedings but expand to requiring the assistance of international organisations or human rights and criminal courts. Extradition not only involves criminal proceedings but can affect several other matters including immigration status.Such proceedings require careful consideration of legal, diplomatic, and human rights issues to ensure extradition does not lead to unfairness and injustice. Obtaining advice and expertise of specialist lawyers is essential. At Doogue + George, we have the experts who can provide strategic advice and representation when needed most.
