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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3456
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Hi, I have recently been made aware that I am wanted for

Resolved Question:

Hi,

I have recently been made aware that I am wanted for questioning in relation to a fairly serious matter in Queensland. I have made interim inquiries and understand that I am wanted only for questioning and that an arrest warrant has not been issued.

The complainant has contacted me and informed me that there is an Australia wide 'APB' (their words, not mine) and that a PACE alert has been issued and I will be arrested if attempting to leave an international point of departure. I am unaware of the legitimacy of this information or if it is a scare tactic.

The offence that police wish to question me over is of a serious nature and I'd anticipate that they would attempt extradition if they believed they had sufficient evidence. While I'm willing to concede that they may have a prima facie case, I'm confident that I would be exonerated at trial.

I moved interstate well before I became aware of these allegations and while I said above that I'm confident that I'd be acquitted, I'd prefer to avoid the stress (and cost) of the trial process if in fact it reached that stage.

I have 2 questions -

1. If I come to the attention of the authorities in my now resident state (traffic stop etc), will I show up as 'a person to be detained' despite the absence of a warrant?

2. Again in the absence of a warrant, is it possible that a PACE alert does indeed exist? From my brief research it is my understanding that such an alert may only be issued in conjunction with a court order (an arrest warrant for example) and cannot be issued by police in the absence of this.

Thank you for your assistance.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

1. yes, they can simply arrest you on the balance of the offence, but you can seek a bail application to be taken out of custody.

2. A pace alert does exist to stop people leaving, but yes they can only do so with a court order and usually happens with children matters when one parents wants to flee with a child without other parents ok.

Please accept.
Customer: replied 1 year ago.

Hi Daniel, thank you for your speedy reply. Just seeking quick clarification if if I could.


 


In relation to my first question, I'm aware that police can arrest without a warrant, but is it likely that my status as a person wanted for questioning would have been distributed to the interstate authorities when no warrant exists at this stage?


 


In regards XXXXX XXXXX second, does this mean that without a warrant in place I would be free to leave and enter the country of my own accord? I have no plans to travel internationally in the forseeable future but it would be nice to know whether or not I would be detained. Thank you again.

Expert:  Daniel replied 1 year ago.
Hello

1. No, it wouldn't have been given as info i would suggest.

2. I would suggest that you can go interstate / over seas

Please accept.
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3456
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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