Every year, the Australian Attorney-General’s office publishes an annual report that includes the department’s audited financial statements, as well as the secretary’s year in review, significant departmental achievements, and performance statements.
The back end of the report includes several appendices that cover multiple topics, including Appendix 5, which reports on Australia’s involvement in international prisoner transfers, extraditions, and mutual assistance requests in 2023-24.
The International Prisoner Transfer Scheme
The International Prisoner Transfer (IPT) Scheme is a program that was first established in 1977 by the USA that allowed a country to seek the return of a foreign national currently serving a prison sentence overseas so they could serve the remainder of the sentence in their home country.
How does the ITPT work?
Five key requirements must be met for a prisoner to be transferred home:
- Both countries must have the same or similar crimes (dual criminality)
- Both countries and the prisoner must consent to the transfer
- At least six months must remain on the sentence (a few exceptions exist where 12 months are required)
- The prisoner’s sentence cannot be under review
- The prisoner must be a citizen of the country receiving them (though some countries do allow the transfer of permanent residents)
Why transfer prisoners?
Numerous benefits have been identified by lawyers and scholars on the benefits of the IPTP, including:
- Increased chances of proper reintegration and reduced chances of recidivism
- Reduced financial strain on the host country’s prison operations and maintenance costs
- Cultural familiarity and increased ease of family visits
- Improving diplomatic tensions if hostilities exist between either country
Appendix 5: Extradition and Mutual Assistance
The information presented in Appendix 5 can be divided into three categories, each with two sub-sections:
- Transfer applications (to/from Australia)
- Extradition applications (to/from Australia)
- Mutual Assistance (from/by Australia)
Transfer Applications to Australia
In 2023-24, 11 applications to transfer prisoners to Australia were issued, and of the 29 existing extradition requests active during this period, only 4 people were surrendered – for matters relating to offenses against children, attempted murder, and drug offenses from:
- The United States of America
- The United Kingdoms
- Peru
- Palau
Transfer Applications from Australia
2023-24 saw 22 applications to transfer prisoners out of Australia, and of the 139 existing requests active during this period, only 5 persons were surrendered, to:
- The United States of America
- The United Kingdoms
- Samoa
The annual report observed that for countries seeking to extradite prisoners from Australia (in Table 43) some were wanted for more than one offense, so as a result “the numbers total more than the number of people surrendered”.
The major categories for offenses provided by the annual report include:
- Computer offenses
- Fraud
- Money laundering and proceeds of crime
- Drug offenses
- Attempted murder
- Manslaughter
The annual report notes that “as some of these people held dual nationality, the numbers total more than the number of people surrendered”.
Mutual Assistance
Sometimes also called ‘mutual administrative assistance’, mutual assistance is a reciprocal information and evidence sharing agreement between countries designed to assist in criminal investigations and prosecutions.
Requests made by Australia
In 2023-24, out of 561 existing requests (comprised of active, new, and reopened requests), 240 requests for mutual assistance regarding criminal matters were finalised by Australia.
Requests made to Australia
Out of 927 new/active/reopened requests made to Australia regarding criminal matters, 315 were finalised.
Key Takeaways
The Attorney-General’s annual report highlights the positive outcomes and achievements realised by the department each year and demonstrates how Australia has assisted and has been assisted by the international community – including the support it has provided both its citizens and foreign nationals through its engagement with the international prisoner transfer scheme and mutual assistance requests.
