Editing Federal prison (section)

==Australia==
The [[Australian Government|Australian Federal Government]] does not directly control most prisons or detention facilities. There are a relatively small number of federal detention facilities, consisting of military detention facilities (such as the [[Defence Force Correctional Establishment (Australia)|Defence Force Correctional Establishment]]), [[Australian immigration detention facilities|immigration detention facilities]], and holding cells in [[Australian Federal Police]] stations in some territories.<ref>{{cite report|title=Implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) - Baseline Assessment of Australia's OPCAT Readiness|date=September 2019|url=https://www.ombudsman.gov.au/__data/assets/pdf_file/0025/106657/Ombudsman-Report-Implementation-of-OPCAT.pdf|author=[[Commonwealth Ombudsman]]}}</ref>

The vast majority of criminal prosecutions in Australia take place within [[states of Australia|state or territory]] court systems under state or territory law, however there are a relatively small number of prosecutions in state and federal courts under federal law (such as the [[Crimes Act 1914]]).

[[Section 120 of the Constitution of Australia]] provides that:

<blockquote>Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament of the Commonwealth may make laws to give effect to this provision.<ref>{{cite Legislation AU|Cth|act|coaca430|Constitution|120}} Custody of offenders against laws of the Commonwealth.</ref></blockquote>

Accordingly, civilian federal offenders who are remanded in custody, or have been sentenced to imprisonment, are detained in state or territory prisons.