Our criminal lawyers will help you get a fair hearing and resolve your issue quickly so you can get on with your life.
International extradition
International extradition is where another country has charged you with a criminal offence and they want the Australian Government to hand you over to them. You can be extradited from Australia if you’re a citizen, permanent resident or have a temporary visa.
International extraditions are quite complex and can often involve treaties or mutual assistance arrangements between the two countries. The process can be lengthy and often includes:
- The Attorney General receiving an extradition request from the other country;
- The Department of Foreign Affairs and the Australian Federal Police reviewing the request; and
- The other country providing information about the request including any warrants.
If the extradition request is approved, the Australian Federal Police will arrest you and take you into custody. You are allowed to receive legal advice at this time and may still be able to appeal against the order.
This entire process can take months or even years.
Interstate extradition
Another state in Australia may try to extradite you to face criminal charges. There is a special process for interstate extradition.
The other state will commence criminal proceedings against you before extradition. Once they have a warrant for your arrest, they can ask Victorian authorities to serve you with the warrant, but there are special rules that must be followed.
The warrant can be carried out by the local police, a Sheriff of Victoria or the Australian Federal Police. Once you’ve been taken into custody you must appear before a Magistrate who may release you, put you in custody or grant bail.
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Frequently Asked Questions
Not always. You may find out about the extradition request after it has been made.
Yes. The Australian Government will review an extradition request and can choose not to comply with it. There are several situations where they may do this, including if the other country wants to charge you with an offence that has the death penalty.
Yes, you can apply for bail but it’s very rare for it to be granted for an extradition order. You may have to show the court that you’re not a flight risk.