If you break the law in another State, authorities may issue a warrant for your arrest or may need you to return to the State where the offence was committed.
If you are arrested you may be able to apply for bail, but if granted bail you may have to make your own travel arrangements to attend Court where the warrant was issued. If you do not apply for bail or are refused bail, you may be remanded in custody and transported to the Courthouse.
You should get legal advice if you are arrested in Queensland for an offence committed in another State or if you have committed an offence in another State and have come to Queensland.
Can I be arrested in one State if I break the law in another State?
Yes. If you break the law in one State and then go interstate before you go to Court, a warrant for your arrest may issue and this can be enforced in another State. For example, if you break the law in New South Wales and then come to Queensland, a warrant for your arrest may be prepared in NSW but you may be arrested in Queensland. Remember that a warrant stays in force until you are arrested, even if it has been issued in another State.
Can I be made to go to Court in Queensland if I break the law in another State?
Yes. If you are arrested in Queensland you will be taken before a Queensland Court. When you go before the Court in Queensland, the Magistrate can do a number of things, but usually the Magistrate must make an Order for you to return to the State where the warrant was prepared as soon as possible. You may be able to apply for bail and make your own travel arrangements to attend the interstate Court, or you may be remanded in custody and transported to the interstate Court. This process, where you are sent by a Magistrate in a Court in one State to a Court in another State for the interstate Court to decide what will happen is called extradition.
Can I be made to go to Court in Queensland if I have absconded from another State while on a Court Order?
Yes. If you have been sentenced in another State and then abscond to Queensland before completing that sentence, then you can be arrested on the warrant in Queensland and taken before the Court. The Magistrate may make an Order that you return to the custody of the State that is seeking your extradition. The Magistrate cannot grant bail in this matter.
Disclaimer: The material presented on this website is an information source only. The information on this website is written for people resident in, or affected by the laws of Queensland, Australia only. Links to other sites from this website are provided for the users’ convenience. The LGBTI Legal Service does not endorse these sites and is not responsible for the information on these sites or the use made of this information. If you have a specific legal problem, you should consult a professional legal advisor.