Classifying federal offenders
- Who is considered to be a federal offender?
- Are federal prisoners treated differently to others in prison?
- Can federal prisoners get remissions on a non-parole period?
- What about strike remissions?
- If time was spent in custody prior to being sentenced does this time count?
- Can prisoners apply to serve a sentence in their home state or territory?
- Can prisoners serve sentences in their home country?
Who is considered to be a federal offender?
A Federal offender is someone convicted of an offence against Commonwealth law. Some common offences are social security fraud and importation of prohibited imports - usually drugs.
Are federal prisoners treated differently to others in prison?
No. As far as general prison conditions are concerned, Federal prisoners are treated in the same way as other prisoners. They are subject to the same discipline, use the same amenities and take part in the same activities.
In general, Federal prisoners are eligible for the same programs as State prisoners such as work release, home detention or pre-release, if these schemes are offered in the State in which they are imprisoned. The State authorities will recommend whether or not prisoners should be allowed to take part in these schemes.
Can federal prisoners get remissions on a non-parole period?
Prisoners sentenced on or after 17 July 1990 will not receive any remissions on a non-parole period even if State law provides for them. However, the Court sentencing Federal offenders must take account of this.
Remissions on a head sentence will continue to be received, but only if State or Territory law provides for them.
If prisoners are serving a period in prison before release on a recognizance (good behaviour bond), they will not get any remissions before a good behaviour bond starts. For example, if a prisoner is serving a twelve month sentence, and is due to be released on a bond after four months, the prisoner will not get any remissions on the four months.
What about strike remissions?
If State or Territory law provides remissions for periods when prison staff are on strike, prisoners will receive these remissions off the non-parole period or the pre-release period.
If time was spent in custody prior to being sentenced does this time count?
The Court must take this time into account in fixing a sentence. In some States the time will be deducted from the period to be served, in others the sentence is backdated to start at the time the prisoner went into custody.
Can prisoners apply to serve a sentence in their home state or territory?
Yes. Procedures for transferring prisoners for welfare or trial purposes are governed by State and Territory legislation and the Commonwealth Transfer of Prisoners Act 1983 . The process can be quite lengthy because it involves getting information from the State correctional authorities and the approval of the relevant State and Federal Minister.
Can prisoners serve sentences in their home country?
For more information on the operation of the International Transfer of Prisoners Act 1997.