Interstate extradition

If you break the law in another state, authorities may issue a warrant for your arrest or request your return to the state where the offence was committed.

When you need legal advice

Get legal advice if you have:

  • been arrested in Queensland for an offence committed interstate
  • committed an offence interstate, travelled to Queensland and have concerns you may be arrested
  • committed an offence in Queensland and have travelled interstate

How to get legal advice

Can I be arrested for breaking the law interstate?

Yes. If you break the law in one state and go to another state before appearing in court, a warrant for your arrest may be issued, which can be enforced anywhere in Australia. For example, if you break the law in New South Wales and travel to Queensland, a warrant for your arrest may be issued in NSW and Queensland police can arrest you. Warrants remain in force until you are arrested, even if the warrant has been issued in another state.

Can I be made to go to court in Queensland for a crime committed interstate?

Yes. Anyone arrested in Queensland on a warrant will be taken to appear in a Queensland court as soon as possible. When this happens, it is likely an order will be made for your prompt return to the state where the warrant was issued.

If you are in this situation, you may:

  • apply for bail and make your own travel arrangements to attend the court where the warrant was issued
  • be remanded in custody and then transported to the interstate court.

This process is called an extradition.

Can I be made to go to court in Queensland if I have fled an interstate court order?

Yes. If you are sentenced interstate and travel to Queensland before completing your sentence, you can be arrested on a warrant in Queensland and taken to court. The magistrate may order your return to custody in the state seeking your extradition. The magistrate cannot grant you bail in this situation.

How to get legal advice

We may be able to provide you with legal advice about extradition.

Other places to get legal advice:

Who else can help?

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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