WA Arrested by Australian Federal Police or WA Police?

[Pete pan]

S failed to appear on allegations that he possessed some ice and weed and left the country due to him not believing the courts would make a just decision. He was then arrested by immigration in another country for not having the travel documents on him when immigration came to check them.

He has now spent some time in a foreign jail and thinking he will be deported and sent back to Australia. I'm wondering if he would be arrested by Australian Federal Police when he landed anywhere in Aus or will Australian Federal Police leave it to WA police?

 

[Iamthelaw]

It differs and largely depends on a case by case basis, in extradition proceedings and cross border matters, typically speaking the AFP will be the first involved. But it could go either way, it just depends on how the logistics will work out. ie, If a warrant is out and he arrives at an airport I imagine AFP would make the arrest and then transfer to WA police.

 

[Pete pan]

It differs and largely depends on a case by case basis, in extradition proceedings and cross border matters, typically speaking the AFP will be the first involved. But it could go either way, it just depends on how the logistics will work out. ie, If a warrant is out and he arrives at an airport I imagine AFP would make the arrest and then transfer to WA police.

There's no extradition order and he would be getting deported only due to not having his travel documents, so I'm thinking he will have to go back to Aus what if he landed somewhere other than Wa.

And also, with it being a charge under Wa state law, does the AFP have jurisdiction or would they worry about a warrant at state level? I was told that his charges were not boarder crossing crimes and Australia would not be asking for extradition but I think he'll be sent back to Aus because of no travel documents.

 

[Iamthelaw]

There's no extradition order and he would be getting deported only due to not having his travel documents so I'm thinking he will have to go back to aus what if he landed somewhere other than Wa and also with it being a charge under Wa state law does the afp have jurisdiction or would they worry about a warrant at state level I was told that his charges were not boarder crossing crimes and Australia would not be asking for extraditionbut I think he'll be sent back to aus because no travel documents

Ah ok. It would still depend on whether there is a warrant issued for his failure to appear to answer the drug possession charges. If there was a warrant, there is a chance he could be arrested upon arrival back, even in another state.

 

[Pete pan]

Ah ok. It would still depend on whether there is a warrant issued for his failure to appear to answer the drug possession charges. If there was a warrant, there is a chance he could be arrested upon arrival back, even in another state.

So he could get deported back to Aus and they not arrest him. I'm sure there is a failure to appear warrant. Do AFP typically arrest or seek out people for a state failure to appear?

Basically what I'm asking is, is this what they usually do if they came to contact with someone with a failure to appear? Or would it depend on if Wapol were eager to get him and specifically asked for the AFP to do this, otherwise they wouldn't worry?

 

[Iamthelaw]

So he could get deported back to Aus and they not arrest him. I'm sure there is a failure to appear warrant. Do AFP typically arrest or seek out people for a state failure to appear?

Basically what I'm asking is, is this what they usually do if they came to contact with someone with a failure to appear? Or would it depend on if Wapol were eager to get him and specifically asked for the AFP to do this, otherwise they wouldn't worry?

If there is a failure to appear warrant, and the AFP come into contact with the subject, they're not just going to let them through.

 

[Pete pan]

If there is a failure to appear warrant, and the AFP come into contact with the subject, they're not just going to let them through.

Ok, that's what I thought.

Thanks