Fact sheet 2 Overview of the Extradition Process
|
|
- Randell Johnson
- 8 years ago
- Views:
Transcription
1 Fact sheet 2 Overview of the Extradition Process This fact sheet is information, not legal advice This fact sheet provides general information only. It does not give legal advice on the operation of the Extradition Act 1988 (Cth) (the Extradition Act) and should not be relied on as legal advice. Why do we need extradition? Australia needs to ensure that criminals cannot evade justice simply by crossing borders. This requires an effective extradition regime that includes appropriate safeguards. Australia s extradition relationships with other countries exist to enable Australia to ensure the effective administration of criminal justice in this country. Australia s extradition relationships also enable us to cooperate with partner countries to combat crime and prevent Australia from becoming a refuge and safe haven for persons accused of serious crimes in other countries. Statistics about cases Information about the number of extradition requests made and received by Australia is available in our annual report, which can be downloaded at What is extradition? Extradition is the process by which one country apprehends and sends a person to another country to face criminal charges or serve a sentence. There is also a system of streamlined interstate extradition within Australian. This fact sheet is only about international extradition, not interstate extradition. For example, extradition is used if a person commits an offence, such as murder, in Australia and flees to the United States (US) before he or she is prosecuted. In that case, Australia could make an extradition request to the US for the arrest of the person in the US and his or her return to Australia to face prosecution. The Extradition Act provides Australia s legislative basis for extradition. It sets out a number of mandatory requirements which must be met before Australia can make or accept an extradition request. Those requirements may be supplemented by requirements contained in a multilateral or bilateral treaty. The International Crime Cooperation Central Authority of the Australian Government Attorney- General's Department is the Australian Central Authority that administers the Extradition Act.
2 Who can make an extradition request in Australia? Australian extradition requests can only be made by the Attorney-General or the Minister for Justice (the Minister). Extradition is not available at the request of members of the public. Which countries can Australia make an extradition request to? Australia is able to make an extradition request to any country. Australia s treaty partners have obligations to consider Australia s requests. In the absence of a treaty, it is a matter for the foreign country in accordance with its domestic laws and procedures, to determine whether the country can agree to Australia s extradition request. Which countries can make an extradition request to Australia? Countries defined as an extradition country in Australian legislation can make an extradition request to Australia. An extradition country is defined in the Extradition Act and includes any country that is declared by the regulations to be an extradition country. For example, the Extradition (United States of America) Regulations declare that the US is an extradition country and enable Australia to receive extradition requests from the US. This is different from mutual assistance. Australia can receive mutual assistance requests from any country, without the need for regulations or a treaty. Extradition between Australia and New Zealand There is a separate extradition process for all extradition requests between Australia and New Zealand. For general information regarding the extradition process between Australia and New Zealand, please refer to: Flowchart 6 Procedure for Incoming New Zealand extradition requests Flowchart 7 Procedure for Outgoing New Zealand extradition requests 2 of 6
3 How does Australia make an extradition request to a foreign country? Australian law enforcement agency identifies the need to extradite and obtains an arrest warrant A Commonwealth, State or Territory law enforcement agency identifies the need to extradite a person from a foreign country for prosecution in Australia or to serve a sentence of imprisonment, and obtains an arrest warrant. Urgent provisional arrest requests If it is an urgent matter, the Attorney-General s Department, on receipt of an arrest warrant from the Commonwealth, State or Territory law enforcement agency, can seek the provisional arrest of a person through Interpol channels or directly from the foreign country. For more information, please refer to Fact sheet 1 Provisional Arrest Requests. Prosecution and law enforcement agencies prepare documents in support of the extradition request Prosecution and law enforcement agencies work together with the Attorney-General s Department to prepare documentation to support the extradition request. Attorney-General or the Minister decides whether to make the extradition request The Attorney-General or the Minister decides whether to make an outgoing extradition request. This decision may be subject to judicial review. Attorney-General's Department sends the extradition request to the foreign country The Attorney-General s Department transmits the extradition request to the foreign country through the diplomatic channel and liaises with the Central Authority in the foreign country about the progress of the extradition request. The foreign country conducts extradition proceedings in accordance with their laws and decides whether to agree to Australia s extradition request. Surrender and return of person The Attorney-General s Department advises the relevant Australian law enforcement agency if the person is to be surrendered. The Attorney-General's Department liaises with the foreign country and the Australian law enforcement agency to arrange the logistics of surrender. The Australian law enforcement agency escorts the person back to Australia. There is a different process for making extradition requests to New Zealand. For more information, please refer to Flowchart 7 Procedure for Outgoing New Zealand Extradition Requests. The timeframe varies significantly in each case and is dependent on the domestic laws and processes for extradition in the foreign country and any treaty requirements. 3 of 6
4 How can a foreign country make an extradition request to Australia? Extradition requests and urgent provisional arrest requests The incoming extradition process starts with an extradition request from a foreign country. The foreign country sends their request to the Attorney-General s Department. A foreign country can also make an urgent request to provisionally arrest a person before they send a formal extradition request to Australia. For more information, please refer to Fact sheet 1 Provisional Arrest Requests. Stage 1: Attorney-General or the Minister formally receives and accepts the extradition request The Attorney-General or the Minister must decide whether to accept an extradition request. If a request is accepted, a notice to a magistrate that the request has been received is issued. To accept an extradition request, the Attorney-General or the Minister must be of the opinion that the person is an extraditable person in relation to the extradition country. Extraditable person means a person who has been convicted in a foreign country, or a person for which a foreign country has issued an arrest warrant. Extradition country means a country declared to be an extradition country in regulations for the purposes of the Extradition Act. The decision by the Attorney-General or the Minister to issue a notice accepting an extradition request can be subject to judicial review. Stage 2: The person is arrested and the magistrate remands the person in custody or grants bail If the Attorney-General or the Minister issues a notice formally accepting an extradition request, a magistrate must issue an extradition arrest warrant if the magistrate is satisfied that the person is an extraditable person in relation to the extradition country. The extradition arrest warrant is executed by Australian police and once the person is arrested, the person must be remanded in custody by a magistrate unless there are special circumstances that justify the grant of bail. Once a person is remanded, the person can waive the extradition process and skip stages 3 and 4 below. For more information about waiving the extradition process, refer to Fact sheet 3 Waiver of Extradition. Stage 3: The magistrate determines whether the person is eligible for surrender Once a person is remanded, a magistrate determines whether the person is eligible for surrender. In determining whether the person is eligible for surrender, a magistrate considers: whether the necessary documents are produced if there are any additional requirements imposed by regulations whether there is dual criminality, and 4 of 6
5 whether there is an extradition objection. Dual criminality means that the conduct constituting the offence for which the person s extradition is sought would amount to an offence in both Australia and the foreign country. Extradition objections include if: a person s extradition is sought for a political or military offence the person has been acquitted, pardoned or undergone punishment for the same conduct constituting the offence the person s extradition is sought for the purpose of prosecuting or punishing the person on the basis of his/her race, sex, sexual orientation, religion, nationality, or political opinions, or the person may be prejudiced at trial, punished, or detained on the basis of his/her race, sex, sexual orientation, relation, nationality, or political opinions. If the magistrate determines that the person is eligible for surrender, he/she must commit the person to prison to await the Attorney-General s or the Minister s surrender determination unless there are special circumstances justifying the grant of bail. A review of the magistrate s determination can be sought. The person or foreign country can seek review of the magistrate s determination as to the person s eligibility for surrender to the Federal Court of Australia within 15 days of the magistrate s order. The Federal Court s decision can be appealed to the Full Court of the Federal Court within 15 days of the Federal Court s order. The Full Court of the Federal Court s decision can be appealed to the High Court of Australia if a special leave application is made within 15 days of the Full Court s order and special leave is granted. Alternative Stage 3: The person consents to their extradition A person may inform a magistrate that he/she consents to extradition. The magistrate must order that the person be committed to prison to await the Attorney-General s or the Minister s surrender determination if: the consent was voluntarily given, and after advising the person that he/she will be committed to prison to await the Attorney- General s or the Minister s surrender determination, and the person will be surrendered if the Attorney-General or the Minister issues a surrender warrant, the person consents to their extradition. Bail is available at this stage if there are special circumstances justifying the grant of bail. 5 of 6
6 Stage 4: Attorney-General or the Minister decides if the person should be surrendered If the magistrate determines the person is eligible for surrender, or if the person consents to extradition, the Attorney-General or the Minister decides whether to surrender the person as soon as is reasonably practicable. In deciding whether to extradite a person who has been found eligible for extradition, the Attorney- General or the Minister considers: whether there are any extradition objections whether there are substantial grounds for believing that the person would be in danger of being subjected to torture on surrender to the foreign country whether the offence is punishable by a penalty of death whether the foreign country concerned has given a speciality assurance in relation to the person treaty requirements, and any other issue. The Attorney-General s or the Minister s surrender determination can be subject to judicial review. Stage 5: Surrender of person If the Attorney-General or the Minister decides to surrender the person to the foreign country, the Attorney-General s Department liaises with the foreign country about the logistics of surrender. Authorities from the foreign country escort the person from Australia to the foreign country. If the person is not removed from Australia within two months from the surrender warrant being issued, the person can apply to the courts to be released. The timeframe for return of a person varies significantly in each case and depends on factors such as whether the person consents to extradition and/or pursues the avenues of judicial review available in the extradition process. 6 of 6
International Transfer of Prisoners (South Australia) Act 1998
Version: 2.4.2000 South Australia International Transfer of Prisoners (South Australia) Act 1998 An Act relating to the transfer of prisoners to and from Australia. Contents Part 1 Preliminary 1 Short
More informationLAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS I GENERAL PROVISIONS Subject and Application of the Law Article 1 This Law shall govern mutual assistance in criminal matters (hereinafter: mutual assistance)
More informationPRISONERS INTERNATIONAL TRANSFER (QUEENSLAND) ACT 1997
Queensland PRISONERS INTERNATIONAL TRANSFER (QUEENSLAND) ACT 1997 Reprinted as in force on 1 April 1999 (Act not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland
More informationTHE EXTRADITION ACT, 1974. An Act to consolidate and amend the law relating to the extradition of fugitive offenders. CHAPTER I PRELIMINARY
THE EXTRADITION ACT, 1974 (ACT No. LVIII of 1974) An Act to consolidate and amend the law relating to the extradition of fugitive offenders. WHEREAS it is expedient to consolidate and amend the law relating
More informationISRAEL national procedures for extradition. Department of International Affairs. Tel: +972-(0)2-541-9614 Fax: +972-(0)2-541-9644 / +972-(0)2-646-7044
ISRAEL national procedures for extradition Updated 20 March 2014 The Central Authority (name of the institution, address, telephone, fax and e-mail where available) responsible for extradition: Department
More informationInformation for completing: Form D: Application for transfer to Australia prisoner not on parole and not serving suspended sentence
Information for completing: Form D: Application for transfer to Australia prisoner not on parole and not serving suspended sentence When to use this form Use this form if you are applying for transfer
More informationLegal Studies. Total marks 100
2014 HIGHER SCHOOL CERTIFICATE EXAMINATION Legal Studies Total marks 100 Section I Pages 2 6 20 marks Attempt Questions 1 20 Allow about 30 minutes for this section General Instructions Reading time 5
More informationOfficial Journal of the European Union. AGREEMENT on extradition between the European Union and the United States of America
19.7.2003 L 181/27 AGREEMT on extradition between the European Union and the United States of America Preamble CONTTS Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article
More informationARRESTED JAILED OVERSEAS
martrav ARRESTED traveller OR ler JAILED smar OVERSEAS artrave artrave Contents Being arrested overseas...2 How we assist you...4 Possible financial assistance...7 Your welfare and the legal process...10
More informationHow To Get A Fair Trial In Romania
PARLIAMENT OF ROMANIA Chamber of Deputies Senate LAW No. 302 of 28 June 2004 on international judicial co-operation in criminal matters as amended and supplemented by Law No. 224/2006 TITLE I GENERAL PROVISIONS
More informationSwitzerland International Extradition Treaty with the United States
Switzerland International Extradition Treaty with the United States November 14, 1990, Date-Signed September 10, 1997, Date-In-Force 104TH CONGRESS SENATE LETTER OF TRANSMITTAL THE WHITE HOUSE, June 9,
More informationADVANCE UNEDITED VERSION
Committee against Torture Forty-fifth session 1-19 November 2010 List of issues prior to the submission of the second periodic report of Qatar (CAT/C/QAT/2) 1 ADVANCE UNEDITED VERSION Specific information
More informationThe Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION
Contents of this Part PART 17 EXTRADITION Section 1: general rules When this Part applies rule 17.1 Meaning of court, presenting officer and defendant rule 17.2 Section 2: extradition proceedings in a
More informationModel Treaty on Extradition *
Model Treaty on Extradition * (Adopted by General Assembly resolution 45/116, subsequently amended by General Assembly resolution 52/88) * The printing of this document became possible through the generous
More informationDefendants charged with serious violent and sexual offences (including murder)
Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that
More informationModel Spent Convictions Bill - Consultation paper
Model Spent Convictions Bill - Consultation paper Background The Standing Committee of Attorneys-General is working on a project to design a national model Bill for a spent-convictions scheme. A spentconvictions
More informationQueensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000
Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................
More informationAustralia s counter-terrorism laws
Australia s counter-terrorism laws & Questions and answers OFFENCES This pamphlet is a reference to help explain Australia s counter-terrorism laws. There are five main sections to this pamphlet: Terrorist
More informationQueensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003
Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Act No. 40 of 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title....................................................
More informationAustralian Government Attorney-General's Department. Criminal Justice Division. Parliament of Victoria Law Reform Committee. Inquiry into Sexting
Submission No. 56 0s) 2012 Received j0 1 Law Reform Committee Australian Government Attorney-General's Department Criminal Justice Division Parliament of Victoria Law Reform Committee Inquiry into Sexting
More informationLAWS OF TRINIDAD AND TOBAGO CRIMINAL LAW ACT CHAPTER 10:04
CRIMINAL LAW ACT CHAPTER 10:04 Acts 20 of 1936 45 of 1979 Amended by 36 of 1985 16 of 1997 *90 of 2000 *See Note on page 2 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 10.. L.R.O.
More informationSTATUTORY DECLARATION
STATUTORY DECLARATION This declaration must be made before an authorised person. Only certain people may witness a Commonwealth statutory declaration. A list of people who can be witnesses is set out in
More informationCzech Republic national procedures for transfer of sentenced persons Updated 29/08/2014
Czech Republic national procedures for transfer of sentenced persons Updated 29/08/2014 The information contained in this table should be updated on a yearly basis. The Central Authority (name of the institution,
More informationMigration/ Asylum. Co-operation in the field of drugs
Non-exhaustive list of issues and questions to facilitate preparations for the bilateral meeting with Turkey in the area of Chapter 24 Justice, freedom and security Migration/ Asylum - Which are currently
More informationParliamentary Research Branch. Legislative Summary BILL C-15: INTERNATIONAL TRANSFER OF OFFENDERS ACT. Robin MacKay Law and Government Division
Legislative Summary LS-469E BILL C-15: INTERNATIONAL TRANSFER OF OFFENDERS ACT Robin MacKay Law and Government Division 16 February 2004 Library of Parliament Bibliothèque du Parlement Parliamentary Research
More informationGlossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench
Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W
More informationSecretary of the Commonwealth Commonwealth of Virginia 2011
Virginia Extradition Manual Secretary of the Commonwealth Commonwealth of Virginia 2011 The Virginia Extradition Manual is available from the Secretary of the Commonwealth, Post Office Box 2454, Richmond,
More informationCRIMINAL JUSTICE RESPONSES TO TRAFFICKING IN PERSONS: ASEAN PRACTITIONER GUIDELINES
CRIMINAL JUSTICE RESPONSES TO TRAFFICKING IN PERSONS: ASEAN PRACTITIONER GUIDELINES [As finalized by the ASEAN Ad-Hoc Working Group on Trafficking in Persons, 25 June 2007, Vientiane, Lao PDR; and endorsed
More informationCRIMINAL INVESTIGATION IN THE SLOVAK REPUBLIC
124 CRIMINAL INVESTIGATION IN THE SLOVAK REPUBLIC Vladimíra Trnkócyová 56 General background Historical overview and future vision of investigation in the Slovak Republic The 2001 Accession Partnership
More informationWorking on child friendly justice in Tanzania Professor Carolyn Hamilton 1
European responses to global children s rights issues: exchanging knowledge and building capacity European Progress in Achieving Child Friendly Justice 4 February 2014, Brussels Introduction Working on
More informationLegislative Brief The Code of Criminal Procedure (Amendment) Bill, 2006
Legislative Brief The Code of Criminal Procedure (Amendment) Bill, 2006 The Bill was introduced in the Rajya Sabha on August 23, 2006. The Bill has been referred to the Parliamentary Standing Committee
More informationDepartment of Communications. Enhancing Online Safety for Children Discussion Paper. Submission by the Australian Federal Police
Department of Communications Enhancing Online Safety for Children Discussion Paper Submission by the Australian Federal Police March 2014 1 Introduction The AFP welcomes the opportunity to make a submission
More informationGood article to know about your right!!!
On Your Rights If Arrested Good article to know about your right!!! Arrest of a person A person is arrested when a police officer or a citizen takes him into custody or otherwise substantially deprives
More informationCAC/COSP/IRG/2015/CRP.11
28 May 2015 English only Implementation Review Group Sixth session Vienna, 1-5 June 2015 Item 2 of the provisional agenda Review of implementation of the United Nations Convention against Corruption Executive
More informationBail and Remand The Scottish Executive Action Plan
Bail and Remand The Scottish Executive Action Plan The Scottish Executive Action Plan Crown copyright 2005 ISBN: 0-7559-4852-1 Scottish Executive St Andrew's House Edinburgh EH1 3DG Produced for the Scottish
More informationALBERTA S JUSTICE SYSTEM AND YOU
ALBERTA S JUSTICE SYSTEM AND YOU This brochure will give you the facts about your justice system the major participants and the important roles that each plays. In addition, it will help you better understand
More informationHow to Apply for a Pardon. State of California. Office of the Governor
How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary
More informationMental Health Act 2000. Brief guide to the Act
Mental Health Act 2000 Brief guide to the Act Overview Purpose This brief guide to the Act provides a quick reference to the main provisions and processes under the mental health legislation. It has been
More informationLAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA
/unofficial translation/ LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA Citizenship is the stable legal relationship of a person with the state which is expressed in the totality of their mutual
More informationINFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED
INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.
More informationLegislating for Violence against Children. With a focus on the juvenile justice system
Legislating for Violence against Children With a focus on the juvenile justice system Juvenile Justice is multi sectoral One of the challenges to juvenile justice is that it is multi-sectoral This means
More informationThe Juvenile and Domestic Relations District Court
The Juvenile and Domestic Relations District Court I. General Information The juvenile and domestic relations district court handles cases involving: Juveniles accused of delinquent acts, traffic infractions
More informationVictims of violent crime
Victims of violent crime What can I do if I am the victim of violent crime? Report the crime to the Police. If it is an emergency, call 000. Otherwise, you can either go to the nearest police station or
More informationCRIMINAL JUSTICE (SCOTLAND) BILL
CRIMINAL JUSTICE (SCOTLAND) BILL EXPLANATORY NOTES (AND OTHER ACCOMPANYING DOCUMENTS) CONTENTS As required under Rule 9.3 of the Parliament s Standing Orders, the following documents are published to accompany
More informationDESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS
DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal
More informationCriminal Prosecutions Under Article 4 of the. Penal Code
Criminal Prosecutions Under Article 4 of the Mexican Federal Penal Code Criminal Prosecutions Under Article 4 of the Mexican Federal Penal Code CONTENTS INTRODUCTION.......................... 1 CHAPTER
More informationDAPTO HIGH SCHOOL. YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009
DAPTO HIGH SCHOOL YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009 General Instructions: Reading time 5 minutes Working time 1 ½ hours Write using blue or black pen Write your Student Number/Name
More informationWitness Protection Act 1995 No 87
New South Wales Witness Protection Act 1995 No 87 Status information Currency of version Current version for 5 October 2012 to date (generated 10 October 2012 at 19:15). Legislation on the NSW legislation
More informationWhat is the "Code Of Service Discipline"?
This booklet has been designed to provide general information on disciplinary proceedings under the Code of Service Discipline, focusing on the rights and entitlements of CF members under the Canadian
More informationLaw No. 80 for 2002 Promulgating the Anti-Money Laundering Law And its Amendments ١
Law No. 80 for 2002 Promulgating the Anti-Money Laundering Law And its Amendments ١ In the Name of the People, The President of the Republic, The People's Assembly has passed the following Law, and we
More information(Legislative acts) DIRECTIVES
6.11.2013 Official Journal of the European Union L 294/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2013/48/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2013 on the right of access to
More informationTransfers home for prisoners abroad
www.gov.uk/fco Transfers home for prisoners abroad Transfers home for prisoners abroad This leaflet outlines how British citizens sentenced to a term of imprisonment abroad may be able to transfer home
More informationCRIMINAL PROCEEDING AND DEFENCE RIGHTS IN CANADA
CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN CANADA Fair Trials is a non-governmental organisation that works for the right to a fair trial according to internationally-recognised standards of justice. Our
More informationCommonwealth Organised Crime Strategic Framework: Overview
Commonwealth Organised Crime Strategic Framework: Overview Commonwealth Organised Crime Strategic Framework: Overview ISBN: 978-1-921241-94-9 Commonwealth of Australia 2009 This work is copyright. Apart
More informationCrimes (Serious Sex Offenders) Act 2006 No 7
New South Wales Crimes (Serious Sex Offenders) Act 2006 No 7 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 5 Definitions of serious sex offence
More informationREPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL. Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM. Date: 27 th October 2009
REPORT TO CRIME & DISORDER OVERVIEW & SCRUTINY PANEL Title: OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM Date: 27 th October 2009 Officer Reporting: Brian Martin, Community Safety Manager Contact Officer(s):
More informationCAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW.
CAYMAN ISLANDS Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW (2015 Revision) Law 26 of 2006 consolidated with 19 of 2012. Revised under
More informationInformation for Crime Victims and Witnesses
Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)
More informationINTERNATIONAL COOPERATION IN CRIMINAL MATTERS (Practical approach to certain issues which are not regulated by law and international treaties)
BOSNIA AND HERZEGOVINA REPUBLIKA SRPSKA Judicial and prosecutorial training center team INTERNATIONAL COOPERATION IN CRIMINAL MATTERS (Practical approach to certain issues which are not regulated by law
More informationARRANGEMENT OF SECTIONS
Human Trafficking Act, 2005 Act 694 ARRANGEMENT OF SECTIONS Section Prohibition and offences relating to trafficking 1. Meaning of trafficking 2. Prohibition of trafficking 3. Provision of trafficked person
More informationREQUESTING MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS FROM G20 COUNTRIES
REQUESTING MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS FROM G20 COUNTRIES A STEP-BY-STEP GUIDE 2012 FOREWORD Requesting Mutual Legal Assistance in Criminal Matters from G20 Countries: A Step-by-step Guide
More informationAs part of their course on law and/or sociology in this module, participants will be able to:
Correctional Service Service correctionnel Service correctionnel Correctional Service Law Correctional Service : At the Heart of Criminal Justice Description The Correctional Service of : At the Heart
More informationRelationship between asylum procedures and extradition procedures
Relationship between asylum procedures and extradition procedures Committee of Experts on the Operation of European Conventions on Co-operation in Criminal Matters (PC-OC) Strasbourg, France 29 May 2013
More informationPowers of Detention, Arrests, and Treatment of persons in custody
Powers of Detention, Arrests, and Treatment of persons in custody This document is provided as general guidelines only. The document includes a summary of the following: Powers of detention Periods excluded
More informationIf the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result.
VICTIMS OF CRIME If the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result. Introduction - John Abrams The Attorney
More informationTHIS GUIDANCE APPLIES FROM 10 MARCH 2014
THIS GUIDANCE APPLIES FROM 10 MARCH 2014 Guidance on the Rehabilitation of Offenders Act 1974 Contents: (1) INTRODUCTION: What is the Rehabilitation of Offenders Act 1974? Who benefits from the 1974 Act
More informationChapter 6. Commonwealth offences
Chapter 6 Commonwealth offences Chapter 6 Commonwealth offences A. Introduction.... (6-1) B. Jurisdiction... (6-2 6-5) C. Common offences index.... (6-6 6-7) D. Sentencing.... (6-8 6-12) E. Appeals...
More informationMINISTERIO DE JUSTICIA SECRETARÍA DE ESTADO DE JUSTICIA DIRECCIÓN GENERAL DE COOPERACIÓN JURÍDICA INTERNACIONAL Y RELACIONES CON LAS CONFESIONES
SECRETARÍA DE ESTADO DIRECCIÓN GENERAL DE COOPERACIÓN JURÍDICA INTERNACIONAL Y RELACIONES CON LAS CONFESIONES REPLIES TO GREEN PAPER ON STRENGTHENING MUTUAL TRUST IN THE EUROPEAN JUDICIAL AREA APPLICATION
More informationAkbar Maratovich Kogamov. Kazakh University of Humanities and Law, Astana, Kazakhstan
World Applied Sciences Journal 26 (8): 1094-1099, 2013 ISSN 1818-4952 IDOSI Publications, 2013 DOI: 10.5829/idosi.wasj.2013.26.08.17002 Juridical Personality of a Defense Lawyer in the Context of International
More informationCriminal Justice (Scotland) Bill [AS INTRODUCED]
Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following
More informationModel Treaty on Mutual Assistance in Criminal Matters *
Model Treaty on Mutual Assistance in Criminal Matters * (Adopted by General Assembly resolution 45/117, subsequently amended by General Assembly resolution 53/112) * The printing of this document became
More informationYour Guide to Bail Bonds in Colorado
Your Guide to Bail Bonds in Colorado 1. WHAT IS BAIL? Your Guide to Bail Bonds in Colorado A joint publication of Colorado Division of Insurance 1560 Broadway, Suite 850 Denver, CO 80202 303-894-7499 1-800-930-3745
More informationPOLICE CHECKS GUIDANCE NOTE
POLICE CHECKS GUIDANCE NOTE Index Purpose Obligations and risks Information about national police checks Recruiting new staff Checking current employees Finding out more Purpose When recruiting someone
More informationQueensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT ACT 2002
Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT ACT 2002 Act No. 41 of 2002 Queensland DRUG REHABILITATION (NORTH QUEENSLAND COURT DIVERSION INITIATIVE) AMENDMENT
More informationThe Criminal Procedure Rules Part 5 as in force on 7 April 2014 PART 5 FORMS AND COURT RECORDS
Contents of this Part PART 5 FORMS AND COURT RECORDS Section 1: forms Forms rule 5.1 Forms in Welsh rule 5.2 Signature of forms rule 5.3 Section 2: court records Duty to make records rule 5.4 Recording
More informationJUVENILE JUSTICE ACT, 2003 (ACT
ACTS OF GHANA FOURTH REPUBLIC JUVENILE JUSTICE ACT, 2003 (ACT 653) ARRANGEMENT OF SECTIONS PART I RIGHTS OF JUVENILE, ARREST AND CAUTION Section 1. Juvenile 2. Welfare Principle 3. Rights of the Juvenile
More informationFirst Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP
First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Michael Dohr x SENATE BILL 1-1 SENATE SPONSORSHIP Lambert, Lundberg (None), HOUSE SPONSORSHIP Senate Committees
More informationNew Zealand Bill of Rights Act 1990
Reprint as at 1 July 2013 New Zealand Bill of Rights Act 1990 Public Act 1990 No 109 Date of assent 28 August 1990 Commencement see section 1(2) Contents Page Title 2 1 Short Title and commencement 3 Part
More informationGETTING THROUGH THE CRIMINAL JUSTICE SYSTEM
GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes
More informationInformation about the Criminal Justice System**
1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony
More informationUNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson
UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed
More informationGuide to Criminal procedure
Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding
More informationTelecommunications (Interception and Access) Act 1979. Annual Report 2012-13
Telecommunications (Interception and Access) Act 979 Annual Report 0 ISBN 9789806 Commonwealth of Australia 0 All material presented in this publication is provided under a Creative Commons Attribution.0
More informationPROCEDURES GOVERNING THE PAYMENT OF CRIMINAL LEGAL AID FEES
PROCEDURES GOVERNING THE PAYMENT OF CRIMINAL LEGAL AID FEES Courts Policy Division Department of Justice and Equality March 2015 Note: This document does not purport to provide legal advice or to provide
More informationSection 4 Bail Accommodation Table of Contents
Section 4 Bail Accommodation Table of Contents 1 Background 1.1 Introduction 1.2 Application of this instruction in respect of children and those with children 2 Applying for Support Under Section 4(1)(c)
More informationCROSS-CUTTING ISSUES. International Cooperation
CROSS-CUTTING ISSUES International Cooperation Criminal justice assessment toolkit 4 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna CROSS-CUTTING ISSUES International Cooperation Criminal Justice Assessment
More informationCAC/COSP/IRG/2016/CRP.20
22 June 2016 English only Implementation Review Group Seventh session Vienna, 20-24 June 2016 Item 2 of the provisional agenda * Review of implementation of the United Nations Convention against Corruption
More informationDETENTION HEARINGS By Michael C. O Brien Assistant District Attorney 305 th District Court, Dallas, Texas
DETENTION HEARINGS By Michael C. O Brien Assistant District Attorney 305 th District Court, Dallas, Texas Speaker Biography Michael C. O Brien is a prosecutor with Dallas County District Attorney s Office
More informationUndergraduate Criminology Courses
Undergraduate Criminology Courses CRM 110: Introduction to the Criminal Justice System (3 Credits) Introduction to the structure and operation of the criminal justice system in the United States: Attention
More informationPatrimoine canadien. Canadian. Heritage. The. Canadian. Charter of Rights and Freedoms
Canadian Heritage Patrimoine canadien The Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms Whereas Canada is founded upon principles that recognize the supremacy of God
More informationFACT SHEET: PROJECT SAFE CHILDHOOD
FACT SHEET: PROJECT SAFE CHILDHOOD Project Safe Childhood Project Safe Childhood is a Department of Justice initiative launched in 2006 to combat the proliferation of technology-facilitated crimes involving
More informationNew South Wales. 1 Name of Act 2 Commencement 3 Definitions 4 Who is a witness?
New South Wales Page 1 Name of Act 2 Commencement 3 Definitions 4 Who is a witness? 5 Witness protection program 5 6 Inclusion in the witness protection program 5 7 Assessing witness for inclusion in witness
More informationRestoration of Civil Rights. Helping People regain their Civil Liberties
Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled
More informationMUTUAL LEGAL ASSISTANCE
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13046 MUTUAL LEGAL ASSISTANCE Treaty Between the UNITED STATES OF AMERICA and the RUSSIAN FEDERATION Signed at Moscow June 17, 1999 with Related Notes NOTE
More informationCriminal Justice System Commonly Used Terms & Definitions
Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:
More information*1441616* CED/C/MNE/1. International Convention for the Protection of All Persons from Enforced Disappearance
United Nations International Convention for the Protection of All Persons from Enforced Disappearance Distr.: General 13 March 2014 Original: English CED/C/MNE/1 Committee on Enforced Disappearances Consideration
More informationCriminal convictions and their lifelong impact....real or imagined?
Criminal convictions and their lifelong impact...real or imagined? How will this affect me? Short answer: It depends May depend on: Age of offender (at time of offence and conviction) Age Under 17 at time
More informationPurpose of the Victim/Witness Unit
Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure
More informationVictims Compensation Regulation 1997
New South Wales Victims Compensation Regulation 1997 under the Victims Compensation Act 1996 His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under
More informationStreet Bail. Head of Custody. OBSU Policy Unit
PD 524 Type of Document: Street Bail Procedure Version: 1.4 Registered Owner: Author: Head of Custody OBSU Policy Unit Effective Date: July 2014 Review Date: July 2016 Replaces document (if applicable)
More information