23 |
Extradition |
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| 23.1 |
The extradition of offenders required to answer any charge of an offence or to serve a sentence imposed in the Northern Territory will always involve additional expense to the Territory. |
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| 23.2 |
However, that expense will generally be appropriate where there are reasonable prospects of conviction, in order to maintain confidence in the administration of the law, and to prevent offenders fleeing from justice. |
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| 23.3 |
When application is made to take steps to secure extradition, in addition to the assessment of the prosecution case in accordance with these Guidelines, the following factors will be relevant: |
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(1) |
any delay after discovery of the offender; |
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(2) |
the likely disposition following conviction (and where the offender is already serving a sentence in another jurisdiction this factor will have greater weight); |
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(3) |
the country or state from which the offender is to be extradited; |
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(4) |
the nationality of the offender; |
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(5) |
whether the offender is to be charged with an offence or, having been charged, has absconded; |
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(6) |
the nature and gravity of the offence or offences alleged against the offender; |
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(7) |
the existence of reasonable prospects of conviction; |
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(8) |
where an offender is in custody, whether the provisions of the Prisoners (Interstate Transfer) Act should be utilised; |
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(9) |
the likely cost of extradition; |
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(10) |
the existence of assets held by the offender which could satisfy an order in relation to breach of bail or a confiscation order and where such assets are to be found; |
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(11) |
whether and to what extent the offender might reasonably constitute a risk to the public, either at large or for the purposes of transportation to the Northern Territory. |
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(12) |
whether the offender should be extradited on bail or in custody. If in custody, advice should include information on the number of officers required to effect extradition and the cost of economy airfare for the offender and officer(s); and |
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(13) |
any compensation or restitution which might be ordered following conviction. |
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| 23.4 |
Approval for extradition may be sought by police or other relevant government agency. |
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| 23.5 |
Before determining a request for extradition, the Director or Deputy Director may consult with and require information from a relevant agency. |
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| 23.6 |
Applications for approvals for extradition should be in writing, presenting reasons for the extradition of an offender. |
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| 23.7 |
In urgent cases, approval may be sought and given orally. An oral approval must be followed by a report of the circumstances from the requesting agency as soon as possible. |
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| 23.8 |
Approval for extradition may be given by the Director or the Deputy Director. |
