Overview

This Bill introduces a new power for law enforcement to arrest individuals without a warrant for the purpose of extradition to another country for serious crimes. The arrest can occur before a formal extradition request is fully processed, allowing for provisional detention while the request is verified.

Description

The Extradition (Provisional Arrest) Bill amends the Extradition Act 2003 to allow police to arrest individuals without a warrant if a certificate is issued by a designated authority. This certificate is issued based on a request from a specified Category 2 territory (e.g., Australia, Canada, USA) indicating that the individual is suspected of or has been convicted of a serious extradition offence. The arrested individual must be brought before a judge within 24 hours (excluding weekends and bank holidays). The judge will then decide whether to issue a warrant for extradition, or discharge the individual. If a warrant is likely, the individual may be remanded in custody or granted bail pending the extradition process. The Bill also includes consequential amendments to several other Acts, such as the Police and Criminal Evidence Act 1984, to ensure consistency and alignment with the new powers.

Key Aspects:

• Warrantless arrest for extradition purposes.
• Certificate issued by a designated authority based on requests from specified countries.
• 24-hour limit (excluding weekends/holidays) to bring the arrested person before a judge.
• Judicial review of the warrantless arrest.
• Consequential amendments to other relevant legislation.

Government Spending

The Bill does not directly specify any associated government spending. The implementation may involve some administrative costs related to the designation of authorities, training of law enforcement, and potential legal costs associated with the increased number of provisional arrests. However, no figures are provided in the bill text.

Groups Affected

• Law enforcement agencies: Will have the new power to make warrantless arrests.
• Judges: Will be involved in reviewing the legality of warrantless arrests.
• Individuals suspected of serious crimes: Could face arrest without a warrant and potential detention pending extradition proceedings.
• Individuals from specified Category 2 territories: Their requests for extradition will be processed under the new framework.

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