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It is a formal application before a District or Supreme Court

Extradition procedures are undertaken when the accused in a criminal case can no longer be found in Queensland, in the area or territory of the Court where the criminal indictment was filed.

It could be that the accused was a transient – that is, he committed the crime as he was passing through the territory of the court.

It could be that the accused had already changed his residence – at the time that he committed the crime, he was a resident of Queensland but before the indictment was filed, he had already changed residences.

It could also be that the accused is a fugitive and he has fled specifically to escape the indictment.

2. The Court issues a warrant of arrest

When extradition procedures have already been initiated, evidence is given as to the present whereabouts of the accused. When the Court is satisfied that on the basis of the evidence presented there is a reasonable belief that the accused may be found in another state or jurisdiction, the Court will issue a warrant of arrest against the accused.

3. The extradition warrant will be addressed to the police of another state

The extradition warrant (or extra-territorial warrant of arrest) that the Queensland Court will issue will be addressed to the police force of another state or another country altogether. The warrant of arrest will inform the addressee that a criminal indictment had already been filed against the accused in Queensland and that there is reason to believe that the accused may be found in that state or country.

4. Extradition ensures the physical presence of the accused before a court

Upon receipt of the extradition warrant, the police officers of that other state or country will look for the accused and serve upon him the extradition papers (the warrant of arrest issued by the Queensland Court). The police of that other state or country will then bodily turn over the accused to the physical custody of the Queensland police. The Queensland police will produce the accused before the Queensland Court that issued the extradition warrant for him to stand trial. An accused cannot be tried unless the Court has obtained physical custody of the accused.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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