LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Extradition Laws and Freezing Bank Accounts?

Discussion in 'Criminal Law Forum' started by Harry1, 9 August 2014.

  1. Harry1

    Harry1 Member

    Joined:
    9 August 2014
    Messages:
    2
    Likes Received:
    0
    I am at present in Thailand but since coming here I have heard the Police are wanting to question me regarding some
    indictable offences in Australia. I am not under arrest nor are there any charges against me.
    May I remain here indefinitely or can the Australian Police have me extradited to Australia?
    The next question is, can the Australian Police freeze my bank account even though I am not
    under arrest or charged?
    Cheere,
    Harry1.
     
  2. John R

    John R Well-Known Member

    Joined:
    14 April 2014
    Messages:
    637
    Likes Received:
    165
    Hi @Harry1,

    Extradition Treaty between Thailand and Australia
    1. It has been said that an extradition treaty between Thailand and Australia does not exist. I understand that this is only partially true because Australia presently relies on an "inherited" extradition treaty from a 1911 treaty between the UK and Siam (now Thailand) (Treaty between United Kingdom and Siam respecting the Extradition of Fugitive Criminals). This treaty is supported by the Extradition (Thailand) Regulations under the Extradition Act 1988 (Cth).
    2. The Attorney-General's Department website has a section on Extradition that sets out the general process and procedure for extradition requests.
    Police Freezing of Australian Bank Accounts
    1. Freezing orders vary by State/Territory and Commonwealth. That said, as a general rule, assets (including money in a bank account) can be frozen/seized if there is reasonable grounds to suspect that the asset (or balance of money in a bank account) is the proceeds of crime without the requirement for the "asset owner" to be arrested or charged.
    2. If you suspect that you may be served with a freezing order, you should immediately seek formal legal advice.
    Hope this helps. Please keep us updated with your progress.
     
  3. Harry1

    Harry1 Member

    Joined:
    9 August 2014
    Messages:
    2
    Likes Received:
    0
    Many Thanks John,
    Since I made this post I did some checking on extradition laws. It seems that Australia has extradition treaties with most countries, including Thailand. The one with Thailand looks messy but like most things in Thailand can be made to work in the end,
    Freezing of bank accounts.
    Thanks again for the very good advice. As it happens none of my financial or property assets are the result of crime. Though the sketchy
    info I have from home suggests the Police are trying to work that one into their list of charges. That issue can easily be disproved in any
    court as my source of income is a Super pension. But that might not help me here in Thailand if they slap a freeze on my bank account.
    If that happens can i get a lawyer in Australia to stop the Police doing that without me having to return to Australia?
    Cheers,
    Harry1.
     

Share This Page

Loading...