Interstate extradition involves the transfer of a person between Australian states and territories to face criminal proceedings or serve a sentence. These extraditions are governed by the Service and Execution of Process Act 1992 (Cth).
The process involves a warrant being issued in the requesting jurisdiction. If there is information that a person is in another state, the requesting state can apply for an arrest warrant in the subsequent state. Before granting an arrest and extradition warrant, the magistrate will need to consider supporting documents and materials contained in an affidavit, to be satisfied that the person is eligible for extradition. If an arrest warrant is issued and executed, the person must be brought before a magistrate as soon as practicable after being arrested.
The process involves a warrant being issued in the requesting jurisdiction. If there is information that a person is in another state, the requesting state can apply for an arrest warrant in the subsequent state. Before granting an arrest and extradition warrant, the magistrate will need to consider supporting documents and materials contained in an affidavit, to be satisfied that the person is eligible for extradition. If an arrest warrant is issued and executed, the person must be brought before a magistrate as soon as practicable after being arrested.
The magistrate will then determine if they will grant or refuse bail pursuant to the bail laws of that state. If the court grants bail, there will be a condition requiring the person to present themselves at the requesting state. If bail is refused, the person will remain in custody and be transferred to the requesting state by the authorities.
If more time is required to produce relevant materials, a magistrate can adjourn a matter. If there are substantial delays, the person may be released.
If more time is required to produce relevant materials, a magistrate can adjourn a matter. If there are substantial delays, the person may be released.
