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International Transfer of Prisoners

NCJ Number
177667
Author(s)
David Biles
Date Published
1992
Length
7 pages
Annotation
This analysis of data on Australian prisoners overseas and foreign inmates in Australia concludes that it would be both compassionate and progressive for Australia to facilitate the international transfer of selected prisoners.
Abstract
Between 150 and 200 Australian citizens are held in prison overseas at any one time. A total of 2,820 inmates in Australian prisons on June 30, 1990 were born overseas. Transfers between sovereign countries require the consent of the inmate and both countries, as well as other criteria. The two approaches to determining the sentence to be served are the continued-enforcement procedure and the conversion-of-sentence procedure. A 1984 proposal by the Commonwealth Attorney General's Department focused on establishing an agency to administer the international transfer of prisoners. The main argument for establishing such a program is humanitarian. Sound social and practical reasons also exist for facilitating close contact between inmates and their families. International transfers would probably save money as well. The arguments against transfer are that it would appear to be condoning serious drug offenders, could suggest a lack of respect for foreign criminal justice system, and involves too few inmates to justify the effort and expenses. Some foreign countries have approached Australia on this issue. Issues to be resolved include the handling of juveniles and persons with mental disorders, the need to involve State and territorial authorities responsible for operating prison systems, and determining whether to use continuous enforcement or sentence conversion. 5 references