Power of arrest for offences committed outside the State
374 Power of arrest for offences committed outside the State
This section applies to an offence (an extradition offence) that—
is an offence against the law of another State; and
in that other State, is an indictable offence or an offence for which the maximum penalty is at least 2 years imprisonment.
It is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects is committing or has committed an extradition offence.
The person may be detained in custody under chapter 15 and questioned in relation to the extradition offence by either of the following, as if the offence had been committed in Queensland—
a police officer;
a member of the police force or police service of the State where the offence happened.
The Justices Act 1886 and the Bail Act 1980 apply to a person arrested for an extradition offence as if the offence were committed in Queensland, but only to allow a person to apply, within 7 days, for the extradition of the person to the State where the extradition offence is alleged to have been committed.
If a proceeding for the person’s extradition is not started within 7 days—
the person, if remanded in custody, must be released from custody; and
any order for bail is discharged.
This Act’s bill:Explanatory memorandum
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