Extradition and Mutual Assistance

Extradition is the process by which one country sends a person to another country to face criminal charges or serve a sentence. In Australia this process is governed by the Extradition Act 1988.

Mutual assistance is the process countries use to provide and obtain formal government to government assistance in criminal investigations and prosecutions. Mutual assistance is also used to recover the proceeds of crime. In Australia this process is governed by the Mutual Assistance in Criminal Matters Act 1987.

The Law Council has a significant interest in both these processes and is specifically concerned to ensure that, in cooperating with foreign agencies, Australia remains compliant with its international human rights obligations and is no was complicit in criminal investigations and trials which do not comply with accepted fair trial principles or which may result in the imposition of the death penalty.

Below are some of the submissions that the Law Council has made regarding Extradition and Mutual Assistance.

Materials

Years: 2011 , 2010 , 2009

2011

2010

2009