Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.

 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate


On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.


RSS 2.0

Wave goodbye to Aussie law

By Michael Bosscher - posted Friday, 2 September 2005

When you leave Australia, you also leave behind your rights under Australian law.

This fact is unfortunately ignored by the body of opinion sweeping the country which insists Australia should "do more" to help Australians facing criminal charges abroad.

The recent headlines about Sydney model Michelle Leslie's arrest in Bali on drug charges adds another distressing chapter to a growing caseload of Australians facing criminal prosecutions in foreign countries.


Schapelle Corby, the detention of David Hicks and the Bali Nine have all focused media and public attention on the issue, but little has been said or done to ensure young Australians travelling overseas fully understand the consequences of facing trial abroad.

All travellers, and especially young people, need to appreciate that the Australian legal system cannot protect them once they leave home. While an Australian facing trial in another country is entitled to access to an Australian embassy or consulate services, they cannot expect to be whisked home to face trial under Australia's legal system.

They are on their own, facing the justice system of the country in which they were arrested.

The Australian Government will not intervene in the judicial process of other countries, and nor should it. We would not entertain foreign governments trying to interfere with criminal cases for foreign nationals arrested here.

Prime Minister John Howard spelled this out in a radio interview in June when he said, in response to a question on the Corby case: "Some people have not allowed for the fact that if a foreigner were tried in an Australian court, we would deeply resent the leadership of that person's country of origin, seeking to interfere in our legal system."

Do our young people travelling overseas know or understand this fact? Our high schools do much to prepare students for life in the real world. Given the ease of international travel, and its popularity among young people, the perils of foreign travel should be part of the school curriculum.


Lesson one is that Australians abroad have no special privileges. An Australian charged with a crime overseas can't just call their Australian lawyer to fly out and defend them, unless the lawyer is admitted to practice in that foreign jurisdiction. But an Australian defence lawyer can act as a liaison between the defendant's family and Australian government agencies, and seek witnesses or evidence within Australia.

The Corby case has highlighted the pitfalls of Australian lawyers interfacing with foreign colleagues whose cultural, legal training and "personalities" can clash. What may seem a normal case approach to an Australian may not mesh with the foreign lawyer's strategy.

Perhaps the most important work an Australian defence lawyer can do for a client overseas is to pursue evidence and witnesses here. In the Corby case, the evidence providing the key to the defence is believed to be within Australia.

  1. Pages:
  2. Page 1
  3. 2
  4. All

First published in The Courier-Mail on August 25, 2005.

Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

14 posts so far.

Share this:
reddit this reddit thisbookmark with Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Author

Michael Bosscher is managing partner of Brisbane-based national criminal defence law firm Ryan & Bosscher Lawyers.

Other articles by this Author

All articles by Michael Bosscher

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Photo of Michael Bosscher
Article Tools
Comment 14 comments
Print Printable version
Subscribe Subscribe
Email Email a friend

About Us Search Discuss Feedback Legals Privacy