The United States has obtained a conviction in its first trial of a Guantanamo Bay detainee - without having to prove its case.

On Friday, in an unusual evening hearing, a U.S. military judge at the detention facility, Marine Col. Ralph Kohlmann, formally convicted Australian David Hicks, 31, of providing material support for terrorism.

The conviction followed several weeks of negotiations between prosecutors and Hicks lawyers, in a bid to avert a trial.

Hicks had been held for five years without being charged. His continued incarceration in the controversial prison was becoming a major embarrassment for Australian Prime Minister John Howard, whose government faces a national election this year.

Howard is believed to have persuaded the Bush administration to accelerate the trial to a date well in advance of the election. He also won a commitment from the U.S. government that if found guilty of the charges he was then facing, Hicks would not face the death penalty. Howard also won a commitment for Hicks, once sentenced, to serve his time in Australia.

For five years the United States has consistently maintained hardened terrorists were imprisoned at Guantanamo Bay. Hicks was labelled as a member of al-Qaeda and was accused of a range of charges, including attempted murder. Hicks maintained his innocence on the charges.

In extraordinary circumstances military officials at Guantanamo Bay significantly downgraded their allegations about Hicks, so much so that he was ultimately charged with, and pleaded guilty to, just one charge of providing material support for terrorism.

His plea bargain provided for a maximum sentence of seven years, and an agreement for part of that sentence to be suspended. Hicks has already been in prison for five years, however in unusual circumstances, the deal struck this week specifically states that time served will not count towards his sentence. However in equally unusual terms, the deal provides for an agreement for a portion of the sentence, "above a certain time limit," to be suspended. The judge on Friday declined to reveal what that time limit is.

It is apparent that Hicks will serve little time when he is returned to Australia in the next few weeks (within 60 days of his being sentenced, which is expected in the next few days).

As part of the plea agreement, Hicks testified he was never 'illegally treated' while in U.S. custody. He is also barred from talking to the media about his capture or time in custody, and is barred from entering into any book or movie deals.

Hundreds of other detainees remain in Guantanamo Bay without ever being charged.

Meantime the U.S. Defense Department Friday announced it was transferring another of its detainees to Britain.

"The transfer is a demonstration of the United States' desire not to hold detainees any longer than necessary," a military statement said. "It also underscores the processes put in place to assess each individual and make a determination about their detention while hostilities are ongoing, an unprecedented step in the history of warfare," the statement continued.

The defense department also said Friday it had determined, through recent "comprehensive review processes," that another eighty current detainees were, "eligible for transfer or release."

Since 2002, approximately 390 detainees have departed Guantanamo for other countries including Albania, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, Morocco, Pakistan, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, United Kingdom and Yemen.

These detainees were released, after years of imprisonment, without trials, without ever being charged, and without explanation.