20 Sep
2006
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Extradition
Memories of the 'Chase for Skase' here (and of precursor Jabez
Balfour) after the federal Attorney-General's Department released
a discussion paper (PDF)
as part of the review of Australia's arrangements for mutual
assistance in criminal matters.
That review was launched last year, with release of a discussion
paper
on A new extradition system - a review of Australia's
extradition law and practice.
The expectation is that it will result in enhancement of the
federal Mutual Assistance in Criminal Matters Act 1987
(here)
and associated legislation such as the Extradition Act
1988, Foreign Evidence Act 1994 and Proceeds
of Crime Act 2002.
The paper, on which comment closed in April this year, indicated
that
current extradition arrangements involve outdated,
cumbersome legal frameworks which must be overhauled in light
of the increasing globalisation of the law enforcement fight
against transnational crime and terrorism.
Reform is needed so that Australia can extradite to and from
a larger number of countries and can grant extradition for
a wider range of offences. The process must also be more responsive
and streamlined in order to prevent lengthy delays and offer
appropriate safeguards.
The new paper is promoted as "an opportunity for interested
Australians to find out about Australia's arrangements for mutual
assistance in criminal matters and raise ideas for possible
improvements". (Feedback by those interested Australians is
due by 13 October 2006.)
The paper is replete with explanations that
Without mutual assistance, a successful investigation
or prosecution into terrorism, child sex offences or corruption
may be frustrated or never even get off the ground. ... Australia
needs an excellent mutual assistance system to ensure that
criminals cannot evade prosecution and proceeds of crime confiscation
action just because the evidence or proceeds of their crime
are in different countries.
As the paper notes, Australia's use of mutual assistance to
obtain assistance from overseas has "doubled over the past six
years alone". That statistic is somewhat less alarming when
the alert reader discovers that under ten requests are being
handled each year.
Announcements that "Australia needs an excellent mutual assistance
system to ensure that criminals cannot evade prosecution and
proceeds
of crime confiscation action just because the evidence or
proceeds of their crime are in different countries" are commendable.
However, greater attention to community concerns - or lack of
concern - about retention of Australian citizens (or ex-citizens)
at places such as Guantanamo would also be of value, in particular
given the new paper's reference to terrorism.
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