General outgoing extradition process
(1) Crime committed: A crime is committed in Australia.
(2) Alleged offender flees: Alleged offender goes to another country.
(3) Identify person: Commonwealth, State or Territory law enforcement agency identifies the need to extradite the person from a foreign country.
(3A) Provisional arrest: If urgent, upon receipt of an arrest warrant from the Commonwealth, State or Territory law enforcement agency, AGD seeks a provisional arrest through Interpol or directly from the foreign country.*
(4) Obtain arrest warrant: The law enforcement agency obtains an arrest warrant.
(5) Draft extradition request: CDPP or relevant State/Territory DPP provide advice and draft an extradition request.
(6) Undertaking to prosecute: CDPP or relevant State/Territory DPP undertake to prosecute the person if returned to Australia.
(7) Check request: AGD ensures the request is in proper form (complies with treaties and the Act).
(8) Approve request: The Attorney-General or the Minister for Home Affairs signs the request (s 40).*
(9) Transmission: AGD transmits the request to the foreign country through the diplomatic channel.
(10) Liaison: AGD liaises with the Central Authority in the foreign country about the progress of the request.
(11) Surrender: The foreign country decides to surrender the person.
(12) Advise police about outcome: AGD advises the law enforcement agency if the person is being surrendered.
(13) Logistics of surrender: AGD liaises with the foreign country and the Australian law enforcement agency about surrender logistics.
(14) Escort: The Australian law enforcement agency escorts the person back to Australia.
(15) Prosecution: The person is prosecuted for the crime in Australia.
In practice, the Minister for Home Affairs makes extradition decisions, although the Attorney-General makes some extradition decisions, eg terrorism cases.
*Judicial review: Section 75 of the Constitution and section 39B of the Judiciary Act 1903
