Extradition and Mutual Assistance Requests

What is the link between extradition and mutual assistance?

Extradition is the process by which one country detains and delivers a person accused of committing a crime to a law enforcement agency of another country, so that the person may face criminal charges.

Mutual Assistance refers to the process of sharing evidence about criminal investigations or prosecutions between countries. The information gathered from such investigations can be used as the basis for an extradition request.

This article provides an overview of the numbers of extradition and mutual assistance requests made and received during the 2020–21 financial year, as outlined by the Attorney General’s Department in its annual report.

 

Extradition requests dealt with in 2020–21

 

Extradition requests made by Australia

During the reporting period Australia made nine new extradition requests to other countries, and nine persons were surrendered to Australia. The report details the countries that surrendered people to Australia and the citizenship of these people.

 

Countries that surrendered people to Australia

Country Number of people surrendered
Italy 1
Netherlands 2
Thailand 2
United Kingdom 3
Israel 1

 

Citizenship of people surrendered to Australia

Citizenship Number of people surrendered
British 3
Australian 4
Israeli 1
Colombian 2

 

 

Extradition requests made to Australia

Australia received 29 new extradition requests during the period, and 10 persons were surrendered.

 

Countries to which people were surrendered by Australia

Country Number of people surrendered
United States of America 3
United Kingdom 5
Ireland 1
Poland 1

 

Citizenship of people surrendered by Australia

Citizenship Number of people surrendered
American 1
British 4
Irish 2
Australian 4
Chinese 1
Polish 1

 

Note: As some of these people held dual nationality, the numbers total more than the number of people surrendered.

The major categories of offences for which people were surrendered by Australia include manslaughter, sexual assault, burglary, child sex offences, fraud, and drug offences.

 

Mutual assistance requests dealt with in 2020–21

 

Mutual assistance requests made by Australia

Active requests at start of period 369
New requests made/requests reopened 196
Requests finalised 209
Active requests at end of period 360

 

Mutual assistance requests made to Australia

Active requests at start of period 342
New requests made/requests reopened 376
Requests finalised 388
Active requests at end of period 355

 

Comparative statistics for extradition and mutual assistance cases

The report provides comparative statistics from 2011-12 onwards which show the trends of extradition and mutual assistance requests over time.

New extradition requests
New MLA requests

Key takeaways

Extradition and mutual assistance are inextricably linked. Mutual assistance facilitates international cooperation and the gathering of evidence across borders, which can lead to extradition being requested.

Requests for mutual assistance are more common than those for extradition, both to and from Australia. While over the past decade there has been a general increase in the number of new mutual assistance requests internationally, there was a marked decrease in 2020-21 compared to the previous year, especially in the number of requests made by Australia.

The number of new extradition requests also decreased in 2020-21, however this was seen most significantly in the number of requests made to Australia.

Nyman Gibson Miralis provides expert advice and representation in complex cases involving extradition and mutual legal assistance.

Contact us if you require assistance.