TASK SIXPrepare a summary on the key aspects of extradition.

Extradition occurs when a person has been charged or convicted with a domestic offence but avoids legal consequences by moving interstate or overseas.

Extradition is only requested for serious offences.

Extradition between Australia states is not an issue but when the person escapes to another country, problems arise.

Australia can only have these people returned if the country to which the fugitive has fled has an extradition treaty with Australia, the fugitive may not be returned if the host country does not recognise the crime or disagrees with the punishment.

Australia's extradition regime is governed by the Extradition Act 1988.

To extradite an offender from overseas, Australia must have an extradition agreement with the nation state where the offender currently resides.

Extraditable offences must be punishable under the laws of both nation states and must be regarded as serious offences by both nations and carrying a term of imprisonment.

The prosecution in making the extradition application in the foreign court must be able to establish in application a prima-facie case against the accused and that the accused will receive a fair trial.

*Prima facie – a case in which the evidence produced is sufficient to enable a decision or verdict to be made unless the evidence is rebutted.

Examples of extraditions; In 2006, Gordon Wood was extradited to Australia to stand trial

for the 1995 murder of Caroline Byrne. Dr. Patel (AKA Dr. Death) was extradited by the QLD government

and was charged for manslaughter and malpractice while being a surgeon at Bundaberg Hospital.

The actor, Robert Hughes was extradited in relation to sexual offences against children.

Here is some stats in 2012 that show extraditions by crime in the US.

As you can see, Narcotics (DRUGS) are the most common.

Other crimes such as assault and robbery is less prominent compared to homicide, fraud and sex offences.

BIBLIOGRAPHY http://hsc.csu.edu.au/legal_studies/structure/crime/4076/international_crime.htm http://www.vocativ.com/usa/uncategorized/almost-1000-fugitives-extradited-to-the-u-s-last-year/ http://www.ag.gov.au/Internationalrelations/Internationalcrimecooperationarrangements/Extradition/

Pages/default.aspx HSC Legal Studies By Janet McCarthy (pages 60 – 61)