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A-G tightens screws on death penalty policy

The country's first legal officer has made a bid to ensure Australia's policy of opposition to the death penalty is reflected in law enforcement cooperation with other countries.

user iconThe New Lawyer 12 January 2010 SME Law
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THE country's first legal officer has made a bid to ensure Australia's policy of opposition to the death penalty is reflected in law enforcement cooperation with other countries.  


Attorney-General, Robert McClelland and Minister for Home Affairs, Brendan O’Connor, announced a new policy to govern law enforcement cooperation with countries that may apply the death penalty.


McClelland and O'Connor announced that new Australian Federal Police guidelines governing police-to-police assistance in possible death penalty cases would take effect from December last year. 


The new guidelines require senior AFP management to consider a set of prescribed factors before providing assistance in matters with possible death penalty implications.


The new guidelines will require ministerial approval of assistance in any case in which a person has been arrested, detained, charged with, or convicted of, an offence which carries the death penalty.


Under the new rules, the AFP Commissioner is required to report twice yearly to the Minister for Home Affairs about the number and nature of cases where information is provided to foreign law enforcement agencies in potential death penalty cases.


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