There has been no published integrated work on extradition law in Australia, though Shearer's "Extradition in International Law" does include references to Australian law. Also, the United Kingdom legislation and cases, upon which a number of Australian decisions are based, have not been the subject of comprehensive, detailed analysis. Booth's "British Extradition Law and Procedure", which was published in 1980, inclines tow2irds a more general approach. Internationally, there has been a considerable amount of writing on the subject, mainly in the Journals, though there has been a tendency to neglect a number of issues, particularly procedural matters.
An analysis of Australian extradition law is particularly timely, in view of the relatively recent formulation of a model extradition treaty, which has formed the basis of all treaties negotiated by Australia since 1985, and the introduction of a new Extradition Act in 1988. In a significant departure from the dual approach previously taken, providing separate legislation for the extradition of persons to Commonwealth countries, the 1988 Act unifies and, to a large extent, codifies the law of extradition. While many of the earlier provisions have been recast, there have also been innovations.
The aim of this Thesis is to provide a comprehensive analysis of extradition law from an Australian perspective. The given the potentially conflicting principles and ideals underlying the law of extradition, that approach enables a contextual assessment of the legislation and judicial decisions and facilitates the isolation of inconsistencies and uncertainties in the law. Though Australia has updated its legislation, a number of problems remain. Some of these stem from either a lack of clarity as to underlying principle or from a conflict between long standing practice and twentieth century ideals. This has contributed to judicial inconsistency and instances of uncertainty as to legislative intent. Accordingly, the Thesis attempts to tie together the various strands and, in looking also to the approaches taken in other jurisdictions, particularly the United States and the United Kingdom, offers a critical analysis of the law, suggests solutions where uncertainty arises and makes suggestions for reform or refinement of aspects of the law.
The Thesis commences with an historical overview and an account of source of the sources of extradition law, including reference to the constitutional division of relevant powers under the Australian federal system. In a second preliminary chapter, the scheme of the Extradition Act 1988 (Cth) and the interrelationship between the legislation and extradition treaties are considered, with brief reference being made to the general impact of international law on municipal law and the law governing the interpretation of treaties. Chapter 3 deals with the interrelationship between extradition and other procedures, particularly asylum and deportation. Substantive matters relating to extradition, including jurisdiction, extradition offences, the principles of double criminality and speciality and the various "objections" and exception to extradition, are considered in the following three chapters. Chapter 7 is devoted to procedural matters: arrest, search and seizure, remand and bail, the extradition request, the extradition proceedings, review and appeal and sunender of the fugitive to the requesting state. The separate provisions dealing with extradition to New Zealand are referred to in Chapter 8, while Chapter 9 concerns extradition to Australia, considering matters such as procedure, speciality, the consequences of irregular detention, and finally, sentencing. Many of the conclusions drawn and suggestions made throughout the Thesis are summarised and drawn together in the concluding chapter.: