Extradition and Mutual Assistance

Interstate extradition is governed by the Service and Execution of Process Act 1992 (Cth). Where a warrant has been issued in another Australian state, police in Victoria may apprehend and bring the accused before the Victorian Magistrates’ Court. The Magistrate may grant bail, adjourn the matter, or remand you in custody pending transfer. 

International extradition is governed by the Extradition Act 1988 (Cth). The process begins with a formal request from the foreign country to the Australian Attorney-General, whose role and the applicable court procedures will differ depending on whether the requesting country is a designated “extradition country” and on the terms of any applicable treaty. 

A key requirement in most international matters is dual criminality: the alleged conduct must constitute a criminal offence under Australian law as defined in the Act. Beyond this, there are a number of grounds on which surrender may be refused – including prior prosecution in Australia, real risk of unfair trial, political nature of the offence, or exposure to the death penalty or serious human rights violations. Precise grounds require a case-by-case legal assessment.

From the moment you engage us, we work quickly to understand the nature of the request, the jurisdiction, and what options are realistically available to you.

In interstate matters, we appear at the initial Magistrates’ Court hearing to apply for bail, seek an adjournment, or contest the extradition itself. Bail in extradition proceedings is assessed against a more demanding standard than in ordinary criminal matters – courts treat flight risk as a significant factor. We have previously appeared and successfully opposed extradition proceedings where the relevant legal threshold was not met. 

• Advise on whether international requests satisfy Australian extradition law.
• Assist with representations to the Attorney-General where grounds to refuse or delay surrender may exist.
• Appear in Victorian court proceedings arising from international matters.
• Advise on Mutual Legal Assistance requests before action is taken, including for financial records or witness statements.
• Assist with INTERPOL Red Notices and signal location attempts by foreign jurisdictions.

Extradition and mutual legal assistance matters sit at the intersection of criminal law, federal procedure, and international legal arrangements. The procedural rules are strict, timeframes can be compressed, and poorly managed early decisions are difficult to undo.

Slades & Parsons has been one of Melbourne’s leading criminal defence firms for over 35 years. Our team includes Accredited Criminal Law Specialists – a credential that reflects not just years of practice, but demonstrated expertise in the most complex areas of criminal law. This is the depth of experience these matters require.

We regularly appear across all Victorian courts – the Magistrates’ Court, the County Court, and the Supreme Court – and have acted in matters that have proceeded to the Court of Appeal. We act for clients across the full range of extradition situations in Victoria: those subject to interstate warrants, those with related interstate dimensions to Victorian charges, and those affected by international extradition or MLA requests. We act in both private and, in appropriate cases, Legal Aid matters.

The earlier you obtain advice, the clearer your options are likely to be. Contact Slades & Parsons promptly if any of the following apply:

• You have been told another Australian state has issued a warrant for your arrest
• You have been arrested in Victoria for charges pending in another state
• You are located interstate and subject to a Victorian warrant or pending charges
• You have received notice that a foreign country has made or may make an extradition request
• A Mutual Legal Assistance request may affect you, your business, or your financial records
• You have received notice of an INTERPOL Red Notice in your name
• A family member has been arrested and extradition has been raised in any capacity

Early advice allows us to assess the trajectory of your matter, identify whether any grounds to oppose or delay surrender may exist, and help you understand what each stage of the process is likely to involve. Call us on (03) 9602 3000.