Extradition of offenders
Extradition of offenders
Extradition means a request by Australia for the surrender of a person from a country (other than New Zealand) in relation to an offence against a law of Australia of which the person is accused or of which the person has been convicted
The extradition of offenders to and from overseas is regulated by the Commonwealth Extradition Act 1988. Section 40 of the Act provides that a request for extradition by Australia shall only be made by and with the authority of the Commonwealth Attorney-General. The power to deal with extraditions has been delegated to the Commonwealth Minister for Justice and Customs.
A formal protocol has been established between the NSW Attorney General and the Commonwealth Minister for Justice and Customs in relation to requests for extradition made by NSW justice agencies. Under the protocol, requests for extradition of offenders to NSW must be made through the NSW Attorney General. The protocol must be followed to avoid delays in the extradition process or disagreement between justice agencies as to their obligations with respect to any particular request. The Minister for Police, the NSW Police Force and the Office of the Director of Public Prosecutions have been advised of the protocol.
Procedure
Requests for extradition must come from the Minister for Police and include a copy of the warrant, an undertaking from the DPP to prosecute and an undertaking as to the costs of escorting the person to Australia. The formal request by the Attorney General to the Minister for Justice and Customs should:
- ask that the Australian Government make a request to another country for the extradition of a specified person;
- include a copy of the arrest warrant for the specified person;
- contain an undertaking from the relevant Director of Public Prosecutions (DPP), which states that either:
the person will be prosecuted if the person is extradited to Australia,orthe person is required for sentencing or to serve an existing sentence of imprisonment in Australia;
- be accompanied by an undertaking, either from the relevant DPP or from another appropriate authority (such as the State Police Service) that the costs of escorting the person to Australia will be paid.
It is the responsibility of the Commonwealth Attorney General's Department to ensure that the request meets the requirements of the Extradition Act 1988 and any applicable convention.