Extradition law in Australia: Difference between revisions
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==Interstate extradition== |
==Interstate extradition== |
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The power to [[Extradition|extradite]] between and among the [[states and territories of Australia]] is conferred by s 51(xxiv) of the [[Australian Constitution]] which says that the [[Parliament of Australia|Commonwealth Parliament]] shall, subject to the Constitution, have the power to make laws for the peace, order, and good government of the [[Commonwealth of Australia|Commonwealth]] with respect to (inter alia): |
The power to [[Extradition|extradite]] between and among the [[states and territories of Australia]] is conferred by s 51(xxiv) of the [[Australian Constitution]] which says that the [[Parliament of Australia|Commonwealth Parliament]] shall, subject to the Constitution, have the power to make laws for the peace, order, and good government of the [[Commonwealth of Australia|Commonwealth]] with respect to (inter alia): |
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| ⚫ | Interstate extradition procedures are governed by the ''Service and Execution of Process Act 1992'' (Cth), Part 5. Under the Act, a person named in an extradition warrant issued in any State may be arrested in accordance to that warrant in another State.<ref>{{cite Legislation AU|Cth|act|saeopa1992325|Service and Execution of Process Act 1992|82}}) Persons subject to warrants may be apprehended.</ref> Upon apprehension, that person must be brought before a Magistrate of the State in which they were apprehended along with the warrant or a copy of the warrant.<ref>{{cite Legislation AU|Cth|act|saeopa1992325|Service and Execution of Process Act 1992|83}}) Procedure after apprehension.</ref> The local jurisdiction has priority in respect of offences in that jurisdiction, so that a person charged or in prison in the jurisdiction must be processed and serve time before extradition to the other state. |
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| ⚫ | Interstate extradition procedures are governed by the ''Service and Execution of Process Act 1992'' (Cth), Part 5. Under the Act, a person named in an extradition warrant issued in any State may be arrested in accordance to that warrant in another State.<ref> |
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==Extradition to and from Australia== |
==Extradition to and from Australia== |
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=== Countries with which Australia has proposed extradition agreements === |
=== Countries with which Australia has proposed extradition agreements === |
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Country with which Australia is negotiating extradition treaties: |
Country with which Australia is negotiating extradition treaties: |
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* Pakistan<ref>[http://www.austlii.edu.au |
* Pakistan<ref>[http://www.austlii.edu.au/au/other/dfat/treaties/notinforce/1999/40.html Proposed extradition treaty between Australia and Pakistan]. Australasian Legal Information Institute (16 March 2000). Retrieved on 3 Jan. 2012.</ref> |
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* [[China]]<ref>[http://www.huffingtonpost.com.au/2017/03/27/turnbull-government-plan-to-ratify-the-china-australia-extradit_a_22014236/ China-Australia Extradition Treaty Collapses Amid Human Rights Concerns]</ref> |
* [[China]]<ref>[http://www.huffingtonpost.com.au/2017/03/27/turnbull-government-plan-to-ratify-the-china-australia-extradit_a_22014236/ China-Australia Extradition Treaty Collapses Amid Human Rights Concerns]</ref> |
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Revision as of 03:07, 22 March 2018
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.
Interstate extradition
The power to extradite between and among the states and territories of Australia is conferred by s 51(xxiv) of the Australian Constitution which says that the Commonwealth Parliament shall, subject to the Constitution, have the power to make laws for the peace, order, and good government of the Commonwealth with respect to (inter alia):
the service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States.[1]
Interstate extradition procedures are governed by the Service and Execution of Process Act 1992 (Cth), Part 5. Under the Act, a person named in an extradition warrant issued in any State may be arrested in accordance to that warrant in another State.[2] Upon apprehension, that person must be brought before a Magistrate of the State in which they were apprehended along with the warrant or a copy of the warrant.[3] The local jurisdiction has priority in respect of offences in that jurisdiction, so that a person charged or in prison in the jurisdiction must be processed and serve time before extradition to the other state.
Extradition to and from Australia
The Extradition Act 1988[4] governs the extradition to other countries of fugitives found in Australia. The law ratifies a series of treaties to which Australia is a party with other countries, either in the right of the Commonwealth of Australia, by being bound by treaties which the United Kingdom executed on behalf of the Commonwealth of Australia, or multilateral treaties to which Australia is a signatory.
The absence of an extradition treaty does not, in theory, prevent the arrest or extradition to or from another country e.g. through the London Scheme for Commonwealth member states, or through regulation (eg., Cambodia).[5]
Extradition between Australia and New Zealand is governed by a separate and distinct regime, known as the 'backing of warrants' system.
Map of Countries
 | The factual accuracy of parts of this article (those related to article) may be compromised due to out-of-date information. (December 2010) |
Countries with which Australia has extradition arrangements
According to the Attorney-General, Australia has extradition arrangements with the following countries:[5]
- Through bilateral extradition treaties:
Argentina, Austria, Belgium, Brazil, Chile, Ecuador, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Indonesia, Ireland, Israel, Italy, Republic of Korea, Latvia, Luxembourg, Malaysia, Mexico, Monaco, Netherlands, Norway, Paraguay, Philippines, Poland, Portugal, South Africa, Spain, Sweden, Switzerland, Turkey, United Arab Emirates, United States, Uruguay, Venezuela, and Vietnam. - Through inherited treaties (especially for former colonies etc):
Albania, Bolivia, Colombia, Cuba, El Salvador, Guatemala, Haiti, Iraq, Liberia, Nicaragua, Panama, Peru, Romania, San Marino, and Yugoslavia. - Through backing of warrants:
New Zealand - Through the London Scheme (current and former Commonwealth of Nations member states):
Akrotiri and Dhekelia (the Sovereign base areas on the Island of Cyprus), Anguilla, Antigua and Barbuda, Bahamas, Bangladesh, Barbados, Belize, Bermuda, Botswana, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Brunei Darussalam, Cayman Islands, Cyprus, Dominica, Falkland Islands, Gambia, Ghana, Gibraltar, Grenada, Guyana, Jamaica, Kenya, Lesotho, Malawi, Maldives, Malta, Mauritius, Montserrat, Namibia, Nigeria, Pakistan, Pitcairn, Henderson, Ducie and Oeno Islands, Seychelles, Sierra Leone, Singapore, South Georgia and South Sandwich Islands, Sri Lanka, St Helena, Saint Helena, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Swaziland, Tanzania, Trinidad and Tobago, Turks and Caicos Islands, Uganda, Zambia and Zimbabwe - Through regulations (not treaty based):
Slovenia, Bosnia, Herzegovina, Cambodia, Canada, Cook Islands, Croatia, Czech Republic, Denmark, Estonia, Fiji, Iceland, Japan, Jordan, Kiribati, Kyrgyzstan, Lebanon, Lithuania, FYR Macedonia, Marshall Islands, Montenegro, Nauru, Papua New Guinea, Serbia, Slovakia, Solomon Islands, Thailand, Tonga, Tuvalu, United Kingdom, Vanuatu and Western Samoa.
Countries with which Australia has proposed extradition agreements
Country with which Australia is negotiating extradition treaties:
See also
References
- ^ Constitution (Cth) s 51 Legislative powers of the Parliament.
- ^ Service and Execution of Process Act 1992 (Cth) s 82) Persons subject to warrants may be apprehended.
- ^ Service and Execution of Process Act 1992 (Cth) s 83) Procedure after apprehension.
- ^ Extradition Act 1988
- ^ a b ALPHABETICAL COUNTRY INDEX – AUSTRALIA’S INTERNATIONAL CRIME COOPERATION RELATIONSHIPS
- ^ Proposed extradition treaty between Australia and Pakistan. Australasian Legal Information Institute (16 March 2000). Retrieved on 3 Jan. 2012.
- ^ China-Australia Extradition Treaty Collapses Amid Human Rights Concerns
External links
- Australian Legal Information Institute – Treaty Series
- Australians for Extradition Justice
- AUSTRALIA’S NON-TREATY EXTRADITION ARRANGEMENTS