No Extradition.
PRISONERS RELEASED. STATE LAW INEFFECTIVE. FULL COURT'S DECISION. Two prisoners, arrested in New Zealand by a Sydney detective on warrant to answer charges of stealing share scrip, must be released, according to a ruling given by the Full Court. The detective has spent over six weeks in the Dominion, during which time the arrested persons, Madge Munro and William Campbell, have been in custody. Tho extradition orders, according to the judgment of the Court, are not valid, and the detective will have to return to Sydney without his prisoners. The extradition orders were in respect of a crime punishable according to the law of New South Wales, According to the Fugitive Offenders' Act, 1881 (Imperial Legislature), and the Order-in-Council making the Act applicable, prisoners would have to be extradited to the Commonwealth of Australia, and the law of the Commonwealth was the determining factor. However, in fact, there was no law of the Commonwealth, as such, and in law prisoners who might have infringed the law of an Australian State, as was alleged in the present case, were not covered by the Imperial Act, which had been made to apply to the Commonwealth, and not to individual States.
The opinion is expressed that the law governing extradition from New Zealand to separate Australian States will have to be altered.
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Bibliographic details
Thames Star, Volume LXV, Issue 19374, 3 April 1935, Page 4
Word Count
221No Extradition. Thames Star, Volume LXV, Issue 19374, 3 April 1935, Page 4
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