Trouble Down Under

[dieselboy]

My best mate has gone to Australia to spend time with his family over Christmas and new year. I've received a message from him explaining he got caught up in a fight / arrested and is due in court over there the day he is due to fly back to England.
He has asked me what happens if he just doesnt turn up... I've not got a clue! And don't know where to look either!

Can anyone give me any pointers?

I think that if the country was part of the EU, say for example, Spain and this happened then he would be arrested here and sent to Spain if he missed the court? I'm not sure what sort of partnership we have with Australia, but if he did miss the court and ever went back there in the future then he would be arrested at the airport?

[Smego2]

We have no civil law agreements with Aussie but do have criminal ones but I would doubt they would ask for extradition for a minor offence like this.

[TonyN]

i doubt he'd get out the country, they will check his passport to leave surely? and would have a warrent against it?

[Smego2]

i doubt he'd get out the country, they will check his passport to leave surely? and would have a warrent against it?

I don't think it would until after the no show event?

Tony Can you check ur PM's please.....?

[Albannach]

If he doesn't turn up, he'll have a warrant issued for his arrest. He'd be better speaking to a lawyer in Australia rather than his mate in the UK?

As has been mooted, the UK and Australia have a criminal law agreement and he may be extradited at some point in the future (they do 'bulk' extradition hearings for minor stuff). Alternatively, they may try him, for both offenses, in his absence then arrest and jail him for it in the UK.

Remember though, leaving a country to evade a criminal prosecution will mean he's a fugitive and even if he's allowed to remain at large in the UK (which is doubtful) he'll be denied international travel.

If he didn't want to get into trouble, he should have walked away. Sorry, but it's his own fault.

[NiftyNev]

I don't know the laws regarding this so he may want to consult a lawyer. Most will do a short consultation for a smallish fee.

I think he will have a lot more problems if he just leaves the country without fronting court.

Nev

[dieselboy]

Thanks for all of your replies. I will tell him to seek legal advice! And I can give him some idea of the concequences of what will happen if he doesnt follow protocol.
Thanks!

[dieselboy]

I don't think it would until after the no show event?

Tony Can you check ur PM's please.....?

My PM box is empty.

[dieselboy]

If he doesn't turn up, he'll have a warrant issued for his arrest. He'd be better speaking to a lawyer in Australia rather than his mate in the UK?

As has been mooted, the UK and Australia have a criminal law agreement and he may be extradited at some point in the future (they do 'bulk' extradition hearings for minor stuff). Alternatively, they may try him, for both offenses, in his absence then arrest and jail him for it in the UK.

Remember though, leaving a country to evade a criminal prosecution will mean he's a fugitive and even if he's allowed to remain at large in the UK (which is doubtful) he'll be denied international travel.

If he didn't want to get into trouble, he should have walked away. Sorry, but it's his own fault.

I'm his mate in the UK. Its not that he is leaving to avoid criminal prosecution, it's that his plane leaves at that time, so it's either go back to England or don't. Although it would appear as if he was evading Law, wouldn't it.
Thanks for your input, it has been helpful.

[Albannach]

If I were him, I'd stay and face the music. Id rather lose a few quid than my freedom.

[Bogus]

If he didn't want to get into trouble, he should have walked away. Sorry, but it's his own fault.

That may be true in this case,and probably in most cases but its a very sweeping statement. It is actually possible to end up in trouble without being at fault.

Bogus

[Calos]

Perhaps, if he got in touch with a lawyer and explained his situation and ask that the lawyer ask for his trial to be moved forward?

Either way he should speak to a lawyer.

peace
cal

[slobodan]

Tell him to get on the plane.
They won't do anything to him,
It's not a serious offence,
And if he did go there in the future, he could just plead ignorance, they won't make the fine/sentence any stronger.
Run first, answer questions later, always the best policy.

[Albannach]

Tell him to get on the plane.

Bad advice.

They won't do anything to him,

Based on your knowledge of the Australian Judicial system?

It's not a serious offence,

How do you know? The charge has not been disclosed here.

And if he did go there in the future, he could just plead ignorance, they won't make the fine/sentence any stronger.

Ignorance is no defence. And how do you know for sure absconding/fleeing will not make things worse for him?

Run first, answer questions later, always the best policy.

Aye, if you're being chased by the local bully. But not in this case.

[slobodan]

Bad advice.

You're probably right Andy, but, I'm assuming that as he isn't on remand now, that is isn't that serious.
I am offering my opinion as to what I'd do/ have done in the past.

Run Forrest run