Extradition

‘Extradition’ is where a person is sent from one state (or country) to another to be tried for a criminal offence. A justice in one state issues a warrant for the arrest of a person (Service and Execution of Process Act (Cth) 1992).  The warrant is taken to the state where the person lives, say, NSW. The person is arrested (or taken from jail) and brought before a justice (usually a magistrate) in NSW.

The magistrate then can order the person returned to the state where the interstate warrant was issued in the custody of the police officer bringing the warrant; or allow the person bail on the condition that they appear in a particular court in the other state; or allow the person bail until the end of a period of time during which the person should be sent to the other state; or release the person; or make any other order they think fit.

An order to effect the return of the person must be made by the magistrate unless they are satisfied that the charge is trivial; or the application for the return of the person has not been made in good faith and in the interests of justice; or it would be unjust or oppressive to return the person either at all or until the expiration of a certain period; or  it appears on undisputed facts that the person would, if tried, be acquitted of the charge for which extradition is sought.

It is rare for an apprehended person to avoid extradition. Unlike overseas extradition, the absence in Tasmania of an offence comparable with the offence charged in the other State will not allow the person to avoid extradition.

The person apprehended should seek full particulars of the offence charged, before trying to persuade the magistrate not to extradite. Legal representation is strongly advised. Cross-examination of the interstate police may provide useful information as to the strength of the police case, thus enabling better preparation of the defence later on.