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Aggravated sexual assault
Sexual assault that involves any of the following aggravating circumstances:
This is a Group of ASOC08 (0311).
The direct (and immediate/confrontational) infliction of force, injury or violence upon a person or persons or the direct (and immediate/confrontational) threat of force, injury or violence where there is an apprehension that the threat could be enacted. This is a Subdivision of ASOC08 which includes the following Groups: serious assault resulting in injury (0211), serious assault not resulting in injury (0212) and common assault (0213).
Australian Standard Offence Classification (ASOC)
The ASOC08 is a hierarchical classification developed by the ABS for use in the collection and publication of crime and justice statistics. It provides a classificatory framework for the comparison of statistics on offences across Australia. Within the classificatory structure of ASOC08, Divisions represent the broadest categories of offences (see Appendix 3). The main purpose of Divisions is to provide a limited number of categories which represent broad groups of criminal offences. The Subdivision and Group levels provide increasingly detailed dissections of these broad categories. The 2008 version of ASOC08 is used to classify offence data within this publication. The Australian Standard Offence Classification (2008) (cat no. 1234.0) is available from the Australian Bureau of Statistics website <http://www.abs.gov.au>.
A warrant signed by a judge or magistrate ordering a person to be arrested and brought back before the court. This process takes place when a defendant, who has at least one charge that has not been finalised by the court, absconds from criminal proceedings.
Breach of violence order
An act or omission breaching the conditions of a violence order, including breach of apprehended violence order and breach of domestic violence order. This is a Group of ASOC08 (1531).
One or more defendants against whom one or more charge(s) have been laid and which are heard together by a court as one unit of work. The charge(s) usually relate to the same criminal incident.
An allegation laid before a court by the police, Director of Public Prosecutions or other prosecuting agency that a person or organisation has committed a criminal offence.
In this publication, the term charged refers to those defendants who were adjudicated i.e. finalised via a plea of guilty or a decision by the court as to their guilt or otherwise of the final charge(s) laid against them.
Child pornography offences
The production, possession, distribution or display of pornographic or abusive material of a child under the age of consent in written, photographic, film, video, digital or other format. This is a Group of ASOC08 (0322).
The Children's Court is primarily a Court of Summary Jurisdiction, to hear and determine criminal charges against persons generally aged less than 18 years. The Children's Court may also determine some minor indictable offences and conduct committal proceedings in relation to young people who have been charged with major indictable offences.
The plea to a charge, which is entered by a defendant at a committal proceeding in a Magistrates' Court.
Committed for sentence
An outcome of a committal hearing where a defendant enters a guilty plea to all charges and is transferred to a Higher Court to be sentenced. This process is regarded as a method of finalisation for the Magistrates' Court and the Children's Court, and a method of initiation into a Higher Court level.
Committed for trial
An outcome of a committal hearing where a defendant enters a not guilty plea to at least one charge and is transferred to a Higher Court to stand trial. This process is regarded as a method of finalisation for the Magistrates' Court and the Children's Court, and a method of initiation into a Higher Court level.
Community supervision or work orders
Sentences imposed on a defendant requiring a person to perform work within the community or report to a person nominated by the court (for example a corrections officer). These non-custodial orders include: community service orders, probation orders, treatment orders and referral to conference.
In this publication the term convicted refers to those defendants who were proven guilty of at least one of the final charge(s) laid against them.
This indicates the level of the court in which a defendant's case is heard. Court levels can be distinguished from one another on the basis of the extent of their legal powers (see Jurisdiction). Court levels include Court of Summary Jurisdiction, Intermediate Court and Supreme Court. The names assigned to each of these court levels varies across Australia.
Court of Summary Jurisdiction
A lower court level (also referred to as Magistrates' Court, Local Court or Court of Petty Sessions) which deals with relatively less serious charges and has the most limited legal powers of all the state and territory court levels. A Court of Summary Jurisdiction is presided over by a magistrate and has jurisdiction to try and sentence matters relating to summary offences. Under some circumstances, this court level may also deal with less serious indictable offences known as 'minor indictable' or 'triable either way' offences. Courts of Summary Jurisdiction are also responsible for conducting preliminary (committal) hearings for indictable offences.
Sentences imposed on a defendant requiring a person to have restricted liberty for a specified period of time either through detainment in an institution/home or being subject to regular supervision while residing in the community. The court may set aside the order subject to the person being of good behaviour. Includes: custody in a correctional institution, custody in the community and fully suspended sentence.
Custody in a correctional institution
Sentences imposed on a defendant requiring a person to be detained within a facility built especially for the purpose of incarceration. Includes: life and indeterminate imprisonment, imprisonment with determined term, imprisonment with partially suspended term, periodic detention, juvenile detention with determined term, and juvenile detention with partially suspended term.
Custody in the community
Sentences imposed on a defendant requiring a person to have restricted liberty for a specified period of time while living within the community. Includes: intensive corrections orders, home detention and other custody in the community.
Dangerous or negligent acts endangering persons
Dangerous or negligent acts which, though not intended to cause harm, actually or potentially result in injury to oneself or another person. This is a Division of ASOC08 which includes the following Subdivisions: dangerous or negligent operation of a vehicle (041) and other dangerous or negligent acts endangering persons (049).
Date of finalisation
The date on which all charges laid against a defendant are regarded as formally completed by a particular court level and the defendant ceases to be an active unit of work to be dealt with by that court level.
Date of initiation
Date of initiation represents either the date of committal or the date of registration depending on the process of entry into that level of court. For defendants who are committed from a Magistrates' Court to a higher criminal court, date of committal is used for the date of initiation. For defendants who have any other method of initiation, including direct presentment to a higher court by ex-officio, date of registration for that court level is used as the date of initiation. Where there are multiple dates of initiation for charges for a defendant, the earliest date is used.
Deal or traffic in illicit drugs
The supply or purchase of an illicit drug or controlled substance of any quantity, or the possession of an illicit drug or controlled substance where the amount involved is deemed to be of a quantity for commercial activity. This is a Subdivision of ASOC08 which includes the following Groups: deal or traffic in illicit drugs - commercial quantity (1021) and deal or traffic in illicit drugs - non-commercial quantity (1022).
A person or organisation against whom one or more criminal charges have been laid and which are heard together as one unit of work by a court level.
Dishonestly converting money or goods that come into a person's possession or control, not involving the use of deception or taking without consent. This is a Group of ASOC08 (0991).
Offences involving personal conduct that is disorderly or is indicative of criminal intent. This is a Subdivision of ASOC08 which includes the following Groups: trespass (1311), criminal intent (1312), riot and affray (1313) and disorderly conduct, n.e.c. (1319).
See Intermediate Court.
Driver licence offences
Driver licence offences pertaining to the ownership or use of a driver's licence. This is a Subdivision of ASOC08 which includes the following Groups: drive while licence disqualified or suspended (1411), drive without a licence (1412), and driver licence offences, n.e.c. (1419).
The time elapsed between the earliest date of initiation and the latest date of finalisation for a defendant that has been finalised.
Exceed legal speed limit
Offences where a driver of a vehicle exceeds the speed restrictions pertaining to a particular area. This is a Group of ASOC08 (1432).
Exceed the prescribed content of alcohol or other substance limit
Offences where the driver of a vehicle exceeds the prescribed content of alcohol or other substance. This is a Group of ASOC08 (1431).
A finalised defendant in the Criminal Courts who has been charged with at least one Commonwealth legislative offence.
Where charges were finalised at different court appearances in the same case for a defendant, these were counted as finalised defendants at each appearance rather than being aggregated as a single finalised defendant at the latest charge finalisation date. This relates to New South Wales Magistrates' and Children's Courts defendants.
A person or organisation for whom all charges relating to the one case have been formally completed so that the defendant ceases to be an item of work to be dealt with by the court.
Fraud, deception and related offences
Offences involving a dishonest act or omission carried out with the purpose of deceiving to obtain benefit. This is a Division of ASOC08 which includes the following Subdivisions: obtain benefit by deception (091); forgery and counterfeiting (092); deceptive business/government practices (093); and other fraud and deception offences (099).
Fully suspended sentence
A custodial order which provides that all of the sentence not be served, subject to the person being of good behaviour for the length of the sentence. Excludes fully suspended sentences that have added conditions other than good behaviour.
Good behaviour bond
An obligation, with or without sureties, aimed at securing the performance of some act by the person bound by the undertaking. Includes recognisance orders.
Property damage caused by the application of substances (i.e. paint, posters and/or plastic, metal or wood based compounds) to the surface of the property. This is a Group of ASOC08 (1212).
Where the court adjudicates charge(s) and the charge(s) are proven either: (i) where the defendant pleaded guilty and the charges are proven in his/her absence, or (ii) the defendant failed to appear and the charge(s) were proven on the basis of the evidence presented. This is a method of finalisation in the Magistrates' and Children's Courts.
A guilty finding by the court, where the court finds the charge has been proven (and the case was not heard ex-parte). This is a method of finalisation.
A guilty plea to charge(s) by the defendant (and the case was not heard ex-parte). This is not a trial outcome. This is a method of finalisation.
The criminal jurisdiction of an Intermediate Court or Supreme Court.
Homicide and related offences
Unlawfully kill, attempt to unlawfully kill or conspiracy to kill another person. This is a Division of ASOC08 which includes the following Subdivisions: murder (011), attempted murder (012), and manslaughter and driving causing death (013).
Illicit drug offences
The possession, selling, dealing or trafficking, importing or exporting, manufacturing or cultivation of drugs or other substances prohibited under legislation. This is a Division of ASOC08 which includes the following Subdivisions: import or export illicit drugs (101), deal or traffic in illicit drugs (102), manufacture or cultivate illicit drugs (103), possess and/or use illicit drugs (104) and other illicit drug offences (109).
Import or export illicit drugs
Actions resulting or intended to result in either the importation of illicit drugs or controlled substances into Australia, or the exportation of illicit drugs or controlled substances from Australia. This is a Subdivision of ASOC08 which includes the following Groups: import illicit drugs (1011) and export illicit drugs (1012).
See Custody in a correctional institution.
Imprisonment with determined term
An order requiring a person to be detained for a specified period of time within a facility built especially for the purpose of incarceration.
Imprisonment with partially suspended term
An order requiring a person to be detained for part of the specified period of time within a facility built especially for the purpose of incarceration, subject to the person being of good behaviour.
A serious criminal offence as defined by specific Commonwealth, state or territory legislation. Charges relating to indictable offences generally require a trial and/or sentence hearing in a Higher Court. Under some circumstances, a defendant can elect to have these charges dealt with in a Court of Summary Jurisdiction.
Indigenous status indicates whether or not a person identifies as being of Aboriginal or Torres Strait Islander origin. The term 'origin' when used in the context of this definition, is considered to relate to people's Australian Aboriginal or Torres Strait Islander descent and for some, but not all, their cultural identity.
A Higher Court level (known either as the District Court or County Court) which has legal powers that are between those of the Court of Summary Jurisdiction and the Supreme Court and deals with the majority of cases involving serious criminal offences. An Intermediate Court is presided over by a judge, and has original jurisdiction to hear trial and sentence matters relating to most indictable offences. Note: As Tasmania, the Northern Territory and the Australian Capital Territory do not have an Intermediate Court, all indictable offences are heard in the Supreme Court.
The legal power or authority which may be exercised by a particular court level and within which the judgements or orders of the court can be enforced or executed. The criminal jurisdiction of a court includes the original jurisdiction. Each court level has its own defined jurisdictional limits and these vary across states and territories.
Juvenile detention with determined term
An order requiring a person to be detained in a juvenile facility for all of the specified period of time.
Juvenile detention with partially suspended term
An order requiring a person to be detained in a juvenile facility for part of the specified period of time, subject to the person being of good behaviour for the length of the sentence.
Life and indeterminate imprisonment
The most serious sentence of imprisonment.
Life - This does not necessarily mean that the person will be held in custody for the term of his/her natural life. In some states or territories a minimum time to serve in custody is specified by the court, while in others an administrative body such as a Parole Board makes this decision.
Indeterminate - Persons declared as habitual criminals, persons who are either permanently or temporarily deemed not responsible for their actions because of a mental disorder or intellectual disability and prisoners who are sentenced to imprisonment but have not had a release date set. The prisoner may be released, at any time, at the discretion of the administrative body within each jurisdiction responsible for making that decision.
See Court of Summary Jurisdiction.
Where used in this publication, the term 'Magistrates' Court' includes the adult criminal Magistrates' Court and the Court of Petty Sessions and New South Wales Local Court. Excluded from this are other Courts of Summary Jurisdiction, such as Children's Courts, Electronic Courts and Drug Courts.
See Court of Summary Jurisdiction for further information.
Manufacture or cultivate illicit drugs
Actions resulting or intended to result in the manufacture of controlled substances, or growing of plants used to make illicit drugs. This is a Subdivision of ASOC08 which includes the Group: manufacture illicit drugs (1031) and cultivate illicit drugs (1032).
Method of finalisation
The process which leads to the completion of a defendant as an item of business in a particular court level. A defendant undergoing court proceedings is considered to be finalised when all charges against that defendant have been processed to completion within a court level. There are different methods by which a charge may be finalised (see Appendix 2).
Method of initiation
The process which describes how a criminal charge is initiated, commenced, lodged or filed within the court system or a court level. It refers to the process that leads to the recording of a defendant as a new item of business in a particular court level. There are different methods by which a charge may be initiated.
Minor indictable offence
See Triable either way offence.
Offences involving the breach of statutory rules or regulations governing activities that are prima facie legal, where such offences are not explicitly dealt with under any other Division of ASOC08. This is a Division of ASOC08 which includes the following Subdivisions: defamation, libel and privacy offences (161), public health and safety offences (162), commercial/industry/financial regulation (163) and other miscellaneous offences (169).
A sentence order that requires the offender to pay a sum of money, usually in the form of a fine or as recompense to victims (includes restitution orders and compensation orders) and other monetary orders, n.e.c. (does not include court levies and fees).
Motor vehicle theft and related offences
The taking of another person's motor vehicle illegally and without permission, with the intent of temporarily or permanently depriving the owner or possessor of the use of the motor vehicle. Additionally, the taking of another person's motor vehicle parts or its contents illegally, whether or not this also involves the taking of the motor vehicle. This is a Subdivision of ASOC08 which includes the Groups: theft of a motor vehicle (0811), illegal use of a motor vehicle (0812) and theft of motor vehicle parts or contents (0813).
Unlawfully kill another person where there is one or more of the following: the intent to kill; the intent to cause grievous bodily harm, with the knowledge that it was probable that death or grievous bodily harm would occur (reckless indifference to life); or without intent to kill in the course of committing a crime (felony murder). This subdivision is not further disaggregated.
National Offence Index
The National Offence Index (NOI) is a seriousness ranking of the ASOC08 and is used to determine a principal offence when a defendant has multiple finalised offences across different offence categories, with the same type of finalisation (e.g. proven guilty, acquitted, charges withdrawn).
Release of a defendant without an order following sentence that may or may not have conditions attached.
A method of finalisation whereby a charge is considered completed and ceases to be active in a court even though that charge has not been adjudicated. This includes where the defendant is deceased, unfit to plead, the charge is withdrawn by the prosecution, transferred to a non-court agency or another non-adjudicated finalisation n.e.c. such as diplomatic immunity and statute of limitation applies.
Non-aggravated sexual assault
Sexual assault not involving any of the aggravating circumstances as defined in ASOC08 Group 0311, Aggravated sexual assault. This is a group of ASOC08 (0312).
Non-assaultive sexual offences
Offences of a sexual nature, or intent thereof, against another person that do not involve physical contact with the person and where the person does not give consent, gives consent as a result of intimidation or deception, or consent is proscribed (i.e. the person is legally deemed incapable of giving consent because of youth, temporary/permanent (mental) incapacity or there is a familial relationship). This is a Subdivision of ASOC08 which includes the Groups: non-assaultive sexual offences against a child (0321), child pornography offences (0322), sexual servitude offences (0323) and non-assaultive sexual offences n.e.c. (0329).
Sentences imposed on a defendant that do not involve being held in custody. Includes: community supervision or work orders, monetary orders and other non-custodial orders.
Not guilty verdict
Obtain benefit by deception
The use of deception or impersonation with the intent of dishonestly obtaining property, goods, services or other benefit, or to avoid a disbenefit. This subdivision is not further disaggregated.
Offences against justice procedures, government security and government operations
An act or omission that is deemed to be prejudicial to the effective carrying out of justice procedures or any government operations. This includes general government operations as well as those specifically concerned with maintaining government security. This is a Division of ASOC08 which includes the following Subdivisions: breach of custodial order offences (151), breach of community-based orders (152), breach of violence and non-violence orders (153), offences against government operations (154), offences against government security (155) and offences against justice procedures (156).
The power of a court to hear criminal charges and determine whether or not a defendant is proven guilty and/or to sentence defendants where a charge has been proven (refer to Jurisdiction).
Other illicit drug offences
Other illicit drug offences not elsewhere classified in Illicit drug offences (Division 10 of ASOC08) which includes possession of money with intent to obtain drugs, possession of pipes, syringes, other utensils associated with the use of drugs, permitting premises to be used for taking, selling or distributing drugs, and failure to keep register for drugs of addiction. This subdivision is not further disaggregated.
Other non-custodial orders
Sentences imposed on a defendant that do not require custody, are not fully suspended, and are not elsewhere classified in the non-custodial orders category of the Sentence Type classification. Includes: good behaviour bond/recognisance orders, licence disqualification/suspension/amendment, forfeiture of property order, nominal penalty and other non-custodial orders n.e.c.
Partially suspended sentence
An order of imprisonment requiring a person be detained for part of the specified period of time, subject to the person being of good behaviour for the length of the sentence.
Sentence imposed on a defendant requiring a person to be in custody for two consecutive days in a week (e.g. weekends) and remain at liberty during the rest of the week. This sentencing option is available in New South Wales and the Australian Capital Territory.
The formal statement by, or on behalf of, the defendant in response to a criminal charge that has been laid in a court. The nature of this response indicates whether or not the defendant intends to contest that charge. If the defendant does not enter a plea, this is treated by the court as if the defendant had pleaded not guilty.
Possess and/or use illicit drugs
The possession of a non-commercial quantity and/or use of an illicit drug or other controlled substance. This is a Subdivision of ASOC08 which includes the following Groups: possess illicit drugs (1041) and use illicit drugs (1042).
The offence category, based on ASOC08, that describes the most serious offence type associated with a finalised defendant. The most serious offence is determined by how the offences were finalised and/or the rankings in the National Offence Index 2009 (see National Offence Index).
The main sentence type for a defendant who has a proven guilty finalisation. It is based on the hierarchy of the Sentence Type Classification Appendix 5).
Prohibited and regulated weapons and explosives offences
Offences involving prohibited or regulated weapons and explosives. This is a Division of ASOC08 which includes the following Subdivisions: prohibited weapons/explosives offences (111) and regulated weapons/explosives offences (112).
Property damage and environmental pollution
The wilful and unlawful destruction, damage or defacement of public or private property, or the pollution of property or a definable entity held in common by the community. For this division, 'destruction' means altering the property in any way so as to render it imperfect or inoperative. This is a Division of ASOC08 which includes the following Subdivisions: property damage (121) and environmental pollution (122).
Property damage by fire or explosion
The wilful and unlawful destruction, damage or defacement of public or private property caused by fire or explosion. This is a Group of ASOC08 (1211).
An outcome of criminal proceedings in which a court accepts that a charge is proven through a guilty plea entered by a defendant or the defendant is found guilty by the court. In the Magistrates' and Children's Courts, this includes defendants found guilty ex-parte.
Public order offences
Offences relating to personal conduct that involves, or may lead to, a breach of public order or decency, or that is indicative of criminal intent, or that is otherwise regulated or prohibited on moral or ethical grounds. In general these offences do not involve a specific victim or victims; however some offences, such as offensive language and offensive behaviour, may be directed towards a single victim. This is a Division of ASOC08 which includes the following Subdivisions: disorderly conduct (131), regulated public order offences (132) and offensive conduct (133).
Receive or handle proceeds of crime
Receive, handle, process or possess money or goods taken or obtained illegally. This is a Subdivision of ASOC08 which includes the Group: receiving or handling proceeds of crime (0831).
Regulated public order offences
Offences involving behaviour that is regulated or prohibited on moral or ethical grounds. This is a Subdivision of ASOC08 which includes the following Groups: betting and gambling offences (1321), liquor and tobacco offences (1322), censorship offences (1323), prostitution offences (1324), offences against public order sexual standards (1325), consumption of legal substances in regulated spaces (1326) and regulated public order offences, n.e.c. (1329).
Regulatory driving offences
Offences relating to the breaches of regulations governing the manner in which the vehicle is operated. This is a Subdivision of ASOC08 which includes the following Groups: exceed the prescribed content of alcohol or other substance limit (1431), exceed legal speed limit (1432), parking offences (1433) and regulatory driving offences, n.e.c. (1439).
Robbery, extortion and related offences
Acts intended to unlawfully gain money, property or other items of value from, or cause detriment to, another person by using the threat of force or any other coercive measure. This is a Division of ASOC08 which includes the following Subdivisions: robbery (061) and blackmail and extortion (062).
A penalty or penalties imposed by a court upon a defendant who is proven guilty of a criminal offence.
Physical contact, or intent of contact, of a sexual nature directed toward another person where that person does not give consent, gives consent as a result of intimidation or deception, or consent is proscribed (i.e. the person is legally deemed incapable of giving consent because of youth, temporary/permanent (mental) incapacity or there is a familial relationship). This is a Subdivision of ASOC08 which includes the following Groups: aggravated sexual assault (0311) and non-aggravated sexual assault (0312).
Sexual assault and related offences
Acts, or intent of acts, of a sexual nature against another person which are non-consensual or where consent is proscribed. This is a Division of ASOC08 which includes the following Subdivisions: sexual assault (031) and non-assaultive sexual offences (032).
Acts intended to cause physical or mental harm to a person, or to arouse apprehension or fear in a person, through a repeated course of unreasonable conduct. For the purposes of this group, stalking includes, but is not limited to, activities such as unauthorised surveillance of an individual, interfering with the individual's property (or that of an associate), sending offensive material, and communicating with the person in a way that could be reasonably expected to arouse apprehension or fear. This is a Group of ASOC08 (0291).
A criminal offence which is regarded as less serious relative to an indictable offence as defined by specific Commonwealth, state or territory legislation (see Indictable offence). Charges relating to summary offences are generally dealt with by a Court of Summary Jurisdiction and do not require a trial by jury in a Higher Court. In some states and territories, a defendant against whom summary charges are laid may be transferred to a Higher Court for sentencing (e.g. if the magistrate wants to impose a penalty which exceeds his/her jurisdictional powers).
A Higher Court level which deals with the most serious criminal charges and has the greatest legal powers of all the state and territory court levels. A Supreme Court is presided over by a judge, and has jurisdiction to hear trial and sentence matters relating to all indictable offences. In states which have an Intermediate Court, the Supreme Court is usually reserved to deal with the most serious indictable offences, such as murder.
Theft and related offences
The unlawful taking or obtaining of money or goods, not involving the use of force, threat of force or violence, coercion or deception, with the intent to permanently or temporarily deprive the owner or possessor of the use of the money or goods, or the receiving or handling of money or goods obtained unlawfully. This is a Division of ASOC08 which includes the following Subdivisions: motor vehicle theft and related offences (081), theft (except motor vehicles) (082), receive or handle proceeds of crime (083) and illegal use of property (except motor vehicles) (084).
Theft/illegal use of a motor vehicle
The taking of another person's motor vehicle illegally and without permission, with the intent of temporarily or permanently depriving the owner or possessor of the use of the motor vehicle. This is a combination of the following Groups of ASOC08: theft of a motor vehicle (0811) and illegal use of a motor vehicle (0812).
Traffic and vehicle regulatory offences
Offences relating to vehicles and most forms of traffic, including offences pertaining to the licensing, registration, roadworthiness or use of vehicles, bicycle offences and pedestrian offences. This is a Division of ASOC08 which includes the following Subdivisions: driver licence offences (141), vehicle registration and roadworthiness offences (142), regulatory driving offences (143) and pedestrian offences (144).
Transfer to non-court agency
An outcome of court proceedings whereby the charge(s) have been transferred to a non-court agency. This is a method of finalisation.
Transfer to other court levels
A court outcome ordering that a criminal charge be transferred to another court level to be adjudicated and/or sentenced. For all transfers, except those between Higher Court levels, this process is regarded as a method of finalisation for the court level ordering the transfer and a method of initiation for the court level to which the defendant's charge(s) were transferred. Defendants who transfer from one Higher Court level to another will be considered as initiated only once (in the level they first entered) and finalised only once (from the level they finally left).
Triable either way offence
An indictable offence which a defendant can elect to have heard either in a Court of Summary Jurisdiction before a magistrate or in a Higher Court before a judge and jury.
The examination of, and decision on, a matter of law or fact by a court. Where a defendant enters a not guilty plea or other defended plea in the committal proceedings, they are committed to a Higher Court for trial. In the Higher Courts, trials are usually conducted before a judge and jury whereby the judge rules on questions of law and the jury is responsible for determining whether or not the defendant is guilty. Some states and territories also allow for a trial before a judge alone in the Higher Courts.
Unfit to plead
An outcome of court proceedings when it has been determined that a defendant's mental status is such that he/she is unfit to plead in relation to the charge(s) against him/her. For the purposes of this collection, this process is regarded as a non-adjudicated method of finalisation.
Unlawful entry with intent/burglary, break and enter
The unlawful entry of a structure with the intent to commit an offence, where the entry is either forced or unforced (ASOC08 Division 7). A structure is defined as a building that is contained by walls and can be secured in some form. This includes a dwelling (e.g. house, flat, caravan), office, bank, shop, factory, school and church. This division is not further disaggregated.
Withdrawn by the prosecution
The formal withdrawal of charge(s) by the prosecution (e.g. police, Director of Public Prosecutions, Attorney-General). This includes nolle prosequi and no true bill. Withdrawal of charges allows the prosecution to charge the defendant on the same incident at a later time. This is a non-adjudicated method of finalisation.
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