Law Reform

AFP Guidelines on the Death Penalty

In October 2008, PILCH made a submission to the federal Attorney-General on the review of the Australian Federal Police Practical Guide on International Police to Police Assistance in Death Penalty Charge Situations (AFP Guidelines). The AFP Guidelines currently provide that the AFP is free to share intelligence with foreign law enforcement agencies on a police-to-police basis, provided that the person, who is the subject of the intelligence, has not yet been charged with an offence that attracts the death penalty. The much publicised ‘Bali Nine’ case provides a paradigmatic example of the practical effect of the AFP Guidelines. In its submission, PILCH recommended that:

the review of the AFP Guidelines should be informed by, and any revised guidelines should be consistent with, Australia's obligations under human rights law;
the AFP Guidelines should ensure that, in cases where there is a risk that an individual will be charged with an offence that attracts the death penalty, cooperation with foreign law enforcement agencies may only be provided where a guarantee has been obtained that no person will be subject to the death penalty or such cooperation is exculpatory.

PILCH is currently reviewing the revised AFP Guidelines released in December 2009.

Submission: AFP Review of Death Penalty Guidelines (163.2 KB)

Extradition, Mutual Assistance and the Death Penaylty

In August 2009, PILCH made a submission to the Attorney-General’s Department on the Exposure Draft of the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2009 (Cth). The Exposure Draft proposed, amongst other things, to expand the circumstances in which the Attorney-General must refuse to provide assistance to a foreign country where that assistance may result in the imposition by that country of the death penalty. PILCH endorsed the proposal but expressed its concern regarding the breadth of the discretion granted to the Attorney-General. PILCH submitted that the Attorney General should only be able to exercise his or her discretion where he or she has obtained a guarantee from the country seeking assistance that the person will not be subject to the death penalty, or such assistance is exculpatory. PILCH also urged the Attorney-General to amend the Australian Federal Police Practical Guide on International Police to Police Assistance in Death Penalty Charge Situations to ensure its compliance with international human rights law.

Submission: Inquiry on the Extradition Mutual Assistance in Criminal Matters Legislation Bill 2009 (142.9 KB)