Ever heard of the term “Long Arm of The Law?”
This term refers to the far-reaching power of the law. And what this means in simplified terms, is that if you’ve committed a crime, you can expect police and authorities to come looking for you, wherever you may be. So, if a warrant for your arrest is issued in a state or territory in Australia that is outside of the one you live in (or are currently in), it will still be enforced.
In this blog post, we will explain what happens if you have a warrant in another state and find yourself in Queensland, as well as provide important information and steps to take in such circumstances. If you are in this situation, it is imperative to seek immediate assistance from experienced criminal lawyers.
What is Extradition?
When a warrant for your arrest is issued in another state and you come to Queensland, you have committed what is known as an “extradition” offence.
According to the Police Powers and Responsibilities Act in Queensland, law enforcement officials have the authority to arrest an individual if they have broken the law in another state. This applies specifically to indictable offences or offences that carry a maximum penalty of at least two years imprisonment.
If Queensland police have reasonable grounds to suspect that a person has committed an extradition offence, they are legally permitted to arrest the individual without a warrant. The police can then detain the person in custody and conduct questioning regarding the specific extradition offence in question.
What Happens Once I am Arrested?
After the arrest, you will be brought before a Queensland magistrate as soon as possible, where the warrant or a copy of it must be produced. If the warrant is not produced, the magistrate may order your release or adjourn the proceedings. If the warrant or a copy of it is not produced within five days, the magistrate must order your release.
If the warrant is produced when you appear before the court, it is likely that an order will be made for your return to the state where the warrant was issued as soon as possible. In this situation, you may apply for bail and make your own travel arrangements back to the state where you must appear in court. Alternatively, if bail is not granted or you do not make your own arrangements, you will be remanded in custody and transported to the interstate court.
What Happens if I Abscond From a Court Order in Another State?
If you have absconded from a court order in another state and arrive in Queensland before completing your sentence, Queensland police can arrest you on a warrant and bring you before the court. In such cases, the magistrate will most likely order your return to the custody of the state where you were the subject of the court order. It is important to note that the Queensland magistrate does not have the authority to grant bail in this situation.
Now You Know What Happens If You Have a Warrant in Another State of Australia
Having a warrant in another state does not exempt you from the consequences of your actions. It is essential to seek legal advice as soon as possible if you have absconded from a court order in another state and have come to Queensland, and we invite you to contact us at Guest Lawyers. Guest Lawyers is one of the leading criminal law firms in Brisbane. We can provide expert guidance as well as represent you and your case if you are facing extradition to another state. We have a lawyer on call 24 hours a day to provide you with accurate, helpful advice.