Formica & Forni v Victoria Police

The applicants in Formica & Forni v Victoria Police were arrested in Victoria in response to warrants issued in Queensland for various drug and other offences. They sought judicial review in the Supreme Court of Victoria, arguing that they should be granted bail pending extradition. The central legal issue was whether the applicants should be released on bail while awaiting extradition proceedings, considering the nature of the offences for which they were sought and the legal framework governing extradition. The court examined the relevant provisions of the Service and Execution of Process Act 1992 (Cth), specifically sections 83 and 86, which pertain to the process of extradition and the conditions under which bail may be granted. The court found that while there were some errors in the extradition process, these did not amount to exceptional circumstances warranting bail. Consequently, the court dismissed the application for bail and ordered that the applicants be taken in custody to Queensland to face the charges. The decision underscores the stringent approach to bail in extradition cases, particularly where serious offences are involved.