NCJ Number
75128
Journal
Australian Police Journal Volume: 34 Issue: 4 Dated: (October 1980) Pages: 211-234
Date Published
1980
Length
24 pages
Annotation
Written for police officers, this article explains what is involved in extradition, how to initiate extradition, and what is required for successful extradition proceedings in Australia.
Abstract
Extradition is conducted on a government-to-government basis. In Australia, the Department of Foreign Affairs handles the diplomatic aspects of extradition, while the Attorney-General's Department handles the legal aspects. International laws, including treaties, conventions, and custom, provide the bases for some extraditions, while Australian law provides the basis for others. Extraditable offenses are offenses against the laws of both the country making and the country receiving the extradition request. The process for obtaining a successful extradition to Australia includes a number of definable stages, each with specific requirements. Major steps are issue of warrant of arrest, transmission of text of warrant to requested (asylum) country, proceedings in requested country, offender's return to Australia, and trial in Australia. The principles of extradition from Australia are the same as for extradition to Australia. The legislation governing extradition is listed. Appendixes provide lists of countries with whom Australia has extradition agreements, and schedules of extraditable offenses under Australian, Israeli, Italian, Swedish, American, and Austrian law. The article suggests that police following the listed procedures verify the accuracy of the laws cited by referring back to them before proceeding with an extradition request.