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Appendix 6: Extradition and mutual assistance

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International transfer of prisoners

Table A6.1: International transfer of prisoners
2011–12
2012–13
Applications made to transfer from Australia
25
36
Applications made to transfer to Australia
20
10

Extradition matters dealt with in 2012–13 or continuing as at 30 June 2013

Table A6.2: Extradition requests made by Australia
2012–13
Requests carried forward
37
New requests made
16
Requests granted
14
Requests withdrawn
2
Requests refused
1
Requests otherwise finalised
2
Requests continuing
34
Table A6.3: Australian extradition requests granted
Country
Number
United Kingdom
4
Thailand
2
United States of America
2
Canada
1
India
1
Ireland
1
Italy
1
Malaysia
1
United Arab Emirates
1
Table A6.4: Citizenship of people surrendered to Australia
Country
Number*
Australia
8
United Kingdom
3
Afghanistan
1
Canada
1
Colombia
1
India
1
Ireland
1
United States of America
1

* Note — as some of these people held dual nationality, the numbers total more than the number of people surrendered.

Table A6.5: Major categories of offences for which people were surrendered
Offence
Number
Child sex offences
4
Drugs
3
Fraud / theft offences
3
People smuggling
2
Murder / attempted murder
1
Other sexual offences
1
Proceeds of crime offences
1

Table A6.6: Extradition requests made to Australia
2012–13
Requests carried forward
52
New requests received
23
Requests granted
11
Requests withdrawn
1
Requests refused by the Attorney-General
0
Requests refused by the courts
2
Requests otherwise finalised
14
Requests continuing
47
Table A6.7: Extradition requests granted by Australia
Country
Number
United States of America
4
Ireland
3
United Kingdom
3
Finland
1
Table A6.8: Citizenship of people surrendered by Australia
Country
Number*
Ireland
4
United States of America
4
United Kingdom
3
Australia
1
Greece
1
Syria
1
Venezuela
1

* Note — as some of these people held dual nationality, the numbers total more than the number of people surrendered.

Table A6.9: Major categories of offences for which people were surrendered
Offence
Number
Fraud/theft offences
6
Other sexual offences
2
Proceeds of crime offences
2
Arson
1
Child sex offences
1
Drugs
1
Murder/attempted murder
1

Note: 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 offences. The time taken to resolve an extradition request can vary from a few years, if a fugitive wishes to contest extradition and exercise all rights of review and appeal, to a few months if a fugitive consents to extradition.

Mutual assistance matters dealt with in 2012–13 or continuing as at 30 June 2013

Table A6.10: Mutual assistance in criminal matters requests made by Australia
2012–13
Requests carried forward
295
New requests made/requests reopened
292
Requests finalised
259
Requests continuing
328
Table A6.11: Mutual assistance in criminal matters requests made to Australia
2012–13
Requests carried forward
146
New requests /requests reopened
398
Requests finalised
385
Requests refused
1
Requests continuing
159

Comparative statistics for extradition and mutual assistance cases, 2004–05 to 2012–13

Figure A6.1: Extradition requests made by Australia, 2004–05 to 2012–13

Table A6.1: showing the Extradition requests made by Australia, 2004-05 to 2012-13. 
Extradition requests made by Australia in 2004-05: cases carried forward 14, new requests made 9, Requests granted 7, Requests refused 0, Requests otherwise finalised 2.
Extradition requests made by Australia in 2005-06: cases carried forward 14, new requests made 13, Requests granted 8, Requests refused 1, Requests otherwise finalised 1. 
Extradition requests made by Australia in 2006-07: cases carried forward 17, new requests made 24, Requests granted 9, Requests refused 4, Requests otherwise finalised 3.
Extradition requests made by Australia in 2007-08: cases carried forward 25, new requests made 15, Requests granted 14, Requests refused 0, Requests otherwise finalised 4. 
Extradition requests made by Australia in 2008-09: cases carried forward 22, new requests made 25, Requests granted 9, Requests refused 4, Requests otherwise finalised 4.
Extradition requests made by Australia in 2009-10: cases carried forward 30, new requests made 19, Requests granted 13, Requests refused 3, Requests otherwise finalised 2.
Extradition requests made by Australia in 2010-11: cases carried forward 31, new requests made 22, Requests granted 12, Requests refused 0, Requests otherwise finalised 3.
Extradition requests made by Australia in 2011-12: cases carried forward 37, new requests made 16, Requests granted 9, Requests refused 0, Requests otherwise finalised 5.
Extradition requests made by Australia in 2012-13: cases carried forward 37, new requests made 16, Requests granted 14, Requests refused 1, Requests otherwise finalised 4. 

Figure A6.2: Extradition requests made to Australia, 2004–05 to 2012–13

Figure A6.2: Extradition requests made to Australia, 2004–05 to 2012–13.
Extradition requests made to Australia in 2004-05: cases carried forward 43, new requests made 13, Requests granted 11, Requests refused 1, Requests otherwise finalised 12.
Extradition requests made to Australia in 2005-06: cases carried forward 31, new requests made 21, Requests granted 11, Requests refused 1, Requests otherwise finalised 1. 
Extradition requests made to Australia in 2006-07: cases carried forward 37, new requests made 21, Requests granted 8, Requests refused 0, Requests otherwise finalised 5.
Extradition requests made to Australia in 2007-08: cases carried forward 45, new requests made 12, Requests granted 9, Requests refused 1, Requests otherwise finalised 6. 
Extradition requests made to Australia in 2008-09: cases carried forward 41, new requests made 17, Requests granted 10, Requests refused 3, Requests otherwise finalised 8.
Extradition requests made to Australia in 2009-10: cases carried forward 38, new requests made 30, Requests granted 6, Requests refused 1, Requests otherwise finalised 11.
Extradition requests made to Australia in 2010-11: cases carried forward 50, new requests made 23, Requests granted 5, Requests refused 0, Requests otherwise finalised 11.
Extradition requests made to Australia in 2011-12: cases carried forward 57, new requests made 16, Requests granted 9, Requests refused 1, Requests otherwise finalised 5.
Extradition requests made to Australia in 2012-13: cases carried forward 52, new requests made 23, Requests granted 11, Requests refused 2, Requests otherwise finalised 15. 

Figure A6.3: Mutual assistance requests made by Australia, 2004–05 to 2012–13

A6.3: Mutual assistance requests made by Australia, 2004–05 to 2012–13 
Mutual assistance requests made by Australia in 2004-05: cases carried forward 170, new requests made 150, Requests finalised 125, Requests refused 0.
Mutual assistance requests made by Australia in 2005-06: cases carried forward 195, new requests made 160, Requests finalised 95, Requests refused 0. 
Mutual assistance requests made by Australia in 2006-07: cases carried forward 265, new requests made 220, Requests finalised 175, Requests refused 0.
Mutual assistance requests made by Australia in 2007-08: cases carried forward 310, new requests made 225, Requests finalised 295, Requests refused 0. 
Mutual assistance requests made by Australia in 2008-09: cases carried forward 240, new requests made 178, Requests finalised 180, Requests refused 0.
Mutual assistance requests made by Australia in 2009-10: cases carried forward 240, new requests made 175, Requests finalised 182, Requests refused 0.
Mutual assistance requests made by Australia in 2010-11: cases carried forward 225, new requests made 202, Requests finalised 175, Requests refused 0.
Mutual assistance requests made by Australia in 2011-12: cases carried forward 252, new requests made 260, Requests finalised 225, Requests refused 0.
Mutual assistance requests made by Australia in 2012-13: cases carried forward 295, new requests made 290, Requests finalised 252, Requests refused 0. 

Figure A6.4: Mutual assistance requests made to Australia, 2004–05 to 2012–13

Table A6.4: Citizenship of people surrendered to Australia 
Mutual assistance requests made to Australia in 2004-05: cases carried forward 170, new requests made 205, Requests finalised 195, Requests refused 0.
Mutual assistance requests made to Australia in 2005-06: cases carried forward 180, new requests made 220, Requests finalised 155, Requests refused 0. 
Mutual assistance requests made to Australia in 2006-07: cases carried forward 250, new requests made 245, Requests finalised 245, Requests refused 0.
Mutual assistance requests made to Australia in 2007-08: cases carried forward 245, new requests made 290, Requests finalised 390, Requests refused 0. 
Mutual assistance requests made to Australia in 2008-09: cases carried forward 150, new requests made 340, Requests finalised 335, Requests refused 0.
Mutual assistance requests made to Australia in 2009-10: cases carried forward 155, new requests made 385, Requests finalised 380, Requests refused 0.
Mutual assistance requests made to Australia in 2010-11: cases carried forward 155, new requests made 420, Requests finalised 425, Requests refused 0.
Mutual assistance requests made to Australia in 2011-12: cases carried forward 150, new requests made 395, Requests finalised 397, Requests refused 0.
Mutual assistance requests made to Australia in 2012-13: cases carried forward 150, new requests made 400, Requests finalised 395, Requests refused 0. 

International war crimes

Australia received three requests for assistance from the International Criminal Tribunal for the former Yugoslavia. Two were finalised and one remains current.

Breaches of undertakings

In response to 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 relation to extradition or mutual assistance processes that come to the attention of the Government, in the Attorney-General's Department annual report.

A person was surrendered by Australia to the United Kingdom in April 2012 pursuant to a request for the person's extradition. As part of that request, the United Kingdom undertook that (relevantly) the person would not be detained or tried for an offence other than the offence for which the person was surrendered. The Attorney-General's Department became aware that the person had been sentenced for an additional (minor) offence and sought clarification from the United Kingdom Home Office about whether the undertaking had been breached.

The United Kingdom Home Office has confirmed that, as a result of what appears to have been a miscommunication within the UK Crown Prosecution Service (CPS), the undertaking was breached. Following ongoing dialogue between the Attorney-General's Department and the United Kingdom Home Office, the CPS brought the matter back before the court with the court setting aside the person's conviction for the additional offence in July 2013, before the person had served any part of the sentence for that conviction.

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