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QLD Can Friend be Forced to Come Back Without an Arrest Warrant?

Discussion in 'Criminal Law Forum' started by Sally Marie Jones, 10 April 2016.

  1. Sally Marie Jones

    10 April 2016
    Likes Received:
    Hi all,

    Hypothetically, if I had a friend who was accused of a crime committed here in Australia and had since moved to the UK after being questioned and released, but a year later, upon receiving further information, the Australian police required him/her back in the country for further questioning and potentially being charged for an offence, under extradition laws within Australia could he/she be forced back to Australia without an arrest warrant?

    Does he/she have any other options under Criminal Law? What other laws/acts would be relevant in these circumstances?

    Thank you!
  2. Sophea

    Sophea Guest

    Australia has extradition relationships with other countries including the UK which allow persons to be extradited from and to Australia. Generally, it only relates to serious crimes, so for example if a person committed murder and flees to another country before they are prosecuted, then Australia can make a request to that country for the arrest and extradition of the person. He or she can then be returned to Australia to face prosecution for the office.

    The Extradition Act 1988 sets out the requirements that must be met before Australia can make or accept an extradition request. Those requirements may be supplemented by requirements contained in a multilateral or bilateral treaty.

    EXTRADITION ACT 1988 - SECT 6Meaning of extraditable person
  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
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