Extradition and Mutual Assistance Requests

Author: Nyman Gibson Miralis

Subject: Extradition and Mutual Assistance Requests – Australia

Keywords: Extradition, Mutual Assistance, Attorney General’s Department

 

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 2016–17 financial year, as provided by the Attorney General’s Department.

 

Extradition requests

 

Extradition requests made by Australia

During the 2016–17 financial year Australia made 7 new extradition requests to other countries.

Additionally, there were:

  • 20 requests carried forward
  • 20 requests continuing
  • 1 request otherwise finalised

 

A total of 6 extradition requests were granted to Australia during the period:

Extradition requests granted to Australia

2016 - 2017

Indonesia – 2

Tonga – 1

United Kingdom – 2

United States of America – 1

Citizenship of people surrendered to Australia

2016 - 2017

Australian – 2

Iranian – 1

Finnish – 1

Tongan – 1

British – 1

The major categories of offences for which people were surrendered to Australia include:

  • Murder
  • People smuggling
  • Sexual offences
  • Child sex offences
  • Drug offences
  • Fraud/proceeds of crime

 

Extradition requests made to Australia

Australia received 16 new extradition requests during the period.

Additionally, there were:

  • 60 requests carried forward
  • 65 requests continuing
  • 1 request withdrawn
  • 1 request otherwise finalised

 

A total of 9 extradition requests were granted by Australia during the period:

Extradition requests granted by Australia

2016 - 2017

Greece – 1

Germany – 2

Ireland – 2

Sweden – 1

United Kingdom – 1

United States of America – 2

Citizenship of people surrendered by Australia

2016 - 2017

Australian – 4

Canadian – 1

German – 1

Greek – 1

Irish – 2

Lithuanian – 1

Swedish – 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:

  • Sexual offences
  • Child sex offences
  • Assault
  • Fraud
  • Theft
  • Corporate offences
  • Arson
  • Driving offences

 

Mutual Assistance requests

Mutual Assistance requests made by Australia

2016 - 2017

Requests carried forward – 468

New requests / requests reopened – 307

Requests finalised – 294

Requests continuing – 481

Mutual Assistance requests made to Australia

2016 - 2017

Requests carried forward – 192

New requests / requests reopened – 429

Requests finalised – 375

Requests continuing – 246

Comparative statistics for extradition and mutual assistance cases

The following statistics have been provided by the Attorney General’s department from 2006 – 2017:

 

Extradition and Mutual Assistance requests made by Australia

 Extradition requests madeMutual Assistance requests made
2006-07
24
220
2007-08
15
225
2008-09
25184
2009-10
19182
2010-11
21203
2011-12
14263
2012-13
16292
2013-14
15352
2014-15
9338
2015-16
6366
2016-17
7307

 

Extradition and Mutual Assistance requests made to Australia

 Extradition requests madeMutual assistance requests made
2006-07
22239
2007-08
12290
2008-09
17340
2009-10
30380
2010-11
23427
2011-12
22387
2012-13
23398
2013-14
43321
2014-15
32340
2015-16
28398
2016-17
16429

Extradition and Mutual Assistance Trends

There appears to be an overall trend of decreasing extradition requests made by Australia while at the same time an increase in the number of mutual assistance requests.

The trend of increasing mutual assistance requests is mirrored amongst countries making requests to Australia, while extradition requests made to Australia have experienced a greater degree of fluctuation.

 

 

Nyman Gibson Miralis specialise in all aspects of extradition and mutual legal assistance (MLA) law, and have expertise in complex transnational investigations. If you require assistance, contact one of our expert criminal defence lawyers