Extradition & Mutual Assistance

Interstate extradition applies when another Australian state has issued a warrant for your arrest and you are found in Victoria. It is governed by the Service and Execution of Process Act 1992 (Cth) and dealt with initially in the Victorian Magistrates’ Court. International extradition involves a foreign country seeking your surrender from Australia under the Extradition Act 1988 (Cth), with the Attorney-General playing a central role. The procedures, rights, and grounds available differ significantly between the two.

Yes – depending on the facts and the applicable legislation and treaties. Common grounds for refusal in international matters include failure to satisfy the dual criminality requirements of the Extradition Act 1988 (Cth), prior prosecution in Australia for the same conduct, real risk of unfair trial, or exposure to the death penalty or serious human rights violations. The precise grounds available are set out in the Act and any applicable treaty and require case-by-case assessment. Slades & Parsons has previously appeared and successfully opposed extradition proceedings; past results do not guarantee the same outcome in future matters.

Bail may be available but is assessed against a more demanding standard than in ordinary criminal proceedings. Courts treat flight risk as a significant factor, and the High Court’s decision in United Mexican States v Cabal (2001) 209 CLR 165 emphasised that special circumstances must be demonstrated on the particular facts of each case. The applicable test will depend on the specific legislative framework and circumstances of your matter – it is not impossible, but requires carefully prepared legal argument.

Mutual Legal Assistance (MLA) is the formal process by which governments cooperate in criminal investigations across borders. Under the Mutual Assistance in Criminal Matters Act 1987 (Cth), a foreign country may request that Australian authorities compel the production of evidence – such as financial records or witness statements – in support of an overseas investigation. Your obligations will depend on the specific form of order made under the Act. You may be directly affected before any charges are laid in Australia, so seek advice as soon as you become aware a request may affect you.

Seek legal advice promptly – before speaking to police, before decisions about travel, and before any court appearance. The decisions made in the early stages of an extradition matter can affect what options remain available as the process unfolds. Slades & Parsons can advise you confidentially on your situation and what the process is likely to involve. Call us on (03) 9602 3000.