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Appendix 5: Extradition and mutual assistance

This appendix provides an overview of the number of extradition and mutual assistance requests active at the start of the period, made, received and finalised during the 2020–21 financial year. This appendix also provides an overview of the number of international transfer of prisoner applications made to Australia. To ensure confidentiality of these processes, the department does not provide information about individual cases.

International transfer of prisoner applications

International transfer of prisoner applications made to Australia

International transfer of prisoner applications made to Australia

201920

202021

To transfer from Australia

33

8

To transfer to Australia

7

11

Extradition matters dealt with in 2020–21

Extradition requests made by Australia

Extradition requests made by Australia

2020–21

Requests active at start of period 1

40

New requests made

9

Persons surrendered

9

Requests withdrawn

4

Requests refused

0

Requests otherwise finalised

2

Requests active at end of period

34

1 Although the 2019–20 report noted that 39 requests were carried forward, the department has identified a request made that had not previously been included in the statistics.

Countries that surrendered people to Australia

Countries that surrendered people to Australia

2020–21

Italy

1

Netherlands

2

Thailand

2

United Kingdom

3

Israel

1

Citizenship of people surrendered to Australia

Citizenship of people surrendered to Australia

2020–21

British

3

Australian

4

Israeli

1

Colombian

1

Major categories for which people were surrendered to Australia

Major categories for which people were surrendered to Australia

2020–21

Child sex offences

7

Drug offences

1

Murder

1

Extradition requests made to Australia

Extradition requests made to Australia

2020–21

Requests active at start of period 1

91

New requests received

29

Persons surrendered

10

Requests withdrawn

4

Requests refused by the Attorney-General

1

Requests refused by the courts

0

Requests otherwise finalised

27

Requests active at end of period 2

78

1 This figure includes requests that were granted in 2019–20 but the person was not surrendered until 2020–21.

2 This figure includes requests that were granted in 2020–21 but the person was awaiting surrender at the end of the financial year.

Countries to which people were surrendered by Australia

Countries to which people were surrendered by Australia

2020–21

United States of America

3

United Kingdom

5

Ireland

1

Poland

1

Citizenship of people surrendered by Australia

Citizenship of people surrendered by Australia

2020–21

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.

Major categories of offences for which people were surrendered by Australia

Major categories of offences for which people were surrendered

2020–21

Manslaughter

1

Sexual assault/sexual offences

2

Burglary/theft

2

Child sex offences

2

Fraud

2

Drug offences/criminal association

1

Note: The number of requests granted and number of persons surrendered in a financial year can differ due to the lapse of time between a surrender determination and a surrender being affected. Extradition requests vary considerably in complexity and the time it takes to resolve them. The complexity of an extradition request depends on the alleged criminal offence or offences and the alleged criminal conduct underlying the offence. The time taken to resolve an extradition request can vary from a few months if a fugitive consents to extradition to a few years, if a fugitive wishes to contest extradition and exercise all rights of review and appeal.

Consular assistance and extradited Australian nationals

As provided in the 2018 government response to the Joint Standing Committee on Treaties Report 177, the department provides additional information on Australian nationals who have been extradited from Australia (see the following table). Information regarding the status of trials in previous years can be found in earlier annual reports.

Consular assistance and extradited Australians

Year

Number of Australian nationals extradited

Status of trials at end of 2019–20

Status of trials at end of 2020–21

Number of persons still awaiting trial at end of 2020–21

Number of extradited Australian nationals receiving consular assistance

2018–19

4

One person was sentenced to time served.

One person was acquitted.

All concluded in previous financial years.

0

0

2019–20

3

One set of proceedings has been permanently stayed.

One person

pleaded guilty and is awaiting sentencing.

1

0

2020–21

4

N/A

Two people have been convicted and sentenced. One person pleaded guilty and is awaiting sentencing.

1

1

Mutual assistance requests dealt with in 2020–21

Mutual assistance in criminal matters requests made by Australia

Mutual assistance in criminal matters requests made by Australia 1

2020–21

Active requests at start of period

369

New requests made/requests reopened

196

Requests finalised

209

Active requests at end of period 2

360

1 Due to case database reporting constraints, reporting in previous periods did not differentiate between matters where the department had been asked by an investigative or prosecutorial agency to make a request to a foreign country, and those where Australia went on to make a mutual assistance request to a foreign country (a subset of the former). This Annexure now only reports matters where Australia ultimately made a request to a foreign country and will be less than total matters finalised which contributes to total casework matters finalised at performance target 2.1.1.

2 Due to case database reporting constraints and occasions where requests are reopened during a period, requests active as at the end of the period may not be equal to active matters at the start of the financial year plus new requests, less finalised requests.

Mutual assistance in criminal matters requests made to Australia

Mutual assistance in criminal matters requests made to Australia

2020–21

Active requests at start of period

342

New requests/requests reopened

376

Requests finalised

388

Active requests at end of period 1

355

1 Due to case database reporting constraints and occasions where requests are reopened during a period, requests active as at the end of the period may not be equal to active matters at the start of the financial year plus new requests, less finalised requests.

Breaches of undertakings

In response to the Joint Standing Committee on Treaties Report 91 and the House Standing Committee on Social Policy and Legal Affairs’ Advisory report on the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011, the Australian Government undertook to report all breaches of undertakings in extradition or mutual assistance processes that come to the attention of the government, in the department’s annual report. No breaches of undertakings have come to the department’s attention in 2020–21. Additionally, the department has not noted any breaches of substantive obligations contained in bilateral extradition treaties during the reporting period.

Comparative statistics for extradition and mutual assistance cases

Extradition requests made by Australia, 2011–12 to 2020–21

Year

Requests active at start of period

New requests made

Requests granted/number of persons surrendered 1

Requests refused

Requests otherwise finalised

2011–12

37

14

9

0

5

2012–13

37

16

14

1

4

2013–14

34

15

18

0

6

2014–15

25

9

8

0

0

2015–16

24

6

5

3

2

2016–17

20

7

6

0

1

2017–18

20

19

9

2

1

2018–19

27

10

4

2

5

2019–20

33

11

3

1

1

2020–21

40

9

9

0

6 2

1 With effect from 2020–21, the department is reporting on the number of persons surrendered, rather than requests granted.

2 Includes requests withdrawn.

Extradition requests made to Australia, 2011–12 to 2020–21

Year

Requests active at start of period

New requests received

Requests granted/number of persons surrendered 1

Requests refused

Requests otherwise finalised

2011–12

57

22

10

1

16

2012–13

52

23

11

2

15

2013–14

47

43

13

2

18

2014–15

57

32

10

1

13

2015–16

60

28

11

1

16

2016–17

60

16

9

1

1

2017–18

65

40

8

1

21

2018–19

79

40

17

2

10

2019–20

80

40

11

0

13 2

2020–21

91

29

10

1

31 3

1 With effect from 2020–21, the department is reporting on the number of persons surrendered, rather than requests granted.

2 In the Attorney-General's Annual Report 2019–20, this figure was 3 and was incorrect.

3 Includes requests withdrawn.

Mutual assistance requests made by Australia, 2011–12 to 2020–21

Year

Active requests at start of period

New requests made

Requests finalised

Requests refused

2011–12

257

263

225

0

2012–13

295

292

259

0

2013–14

328

352

303

0

2014–15

377

338

321

0

2015–16

397

366

304

0

2016–17

468

307

294

0

2017–18

481

352

351

0

2018–19

535

412

416

0

2019–20

531

417

365

1

2020–21 1

369

196

209

0

1 Due to case database reporting constraints, reporting prior to 2020–21 did not differentiate between matters where the department had been asked by an investigative or prosecutorial agency to make a request to a foreign country, and those where Australia went on to make a mutual assistance request to a foreign country (a subset of the former). This Annexure now only reports matters where Australia ultimately made a request to a foreign country, and consequently total figures appear lower than in previous years.

Mutual assistance requests made to Australia, 2011–12 to 2020–21

Year

Active requests at start of period

New requests made

Requests finalised

Requests refused

2011–12

151

387

391

1

2012–13

146

398

385

1

2013–14

159

321

345

0

2014–15

135

340

316

0

2015–16

166

398

383

0

2016–17

192

429

375

0

2017–18

246

409

429

2

2018–19

326

460

492

2

2019–20

294

477

452

11

2020–21

342

376

388

7