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4513.0 - Criminal Courts, Australia, 2011-12 Quality Declaration 
Previous ISSUE Released at 11:30 AM (CANBERRA TIME) 14/02/2013   
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GLOSSARY

Abduction, harassment and other offences against the person
Acts intended to threaten or harass, or acts that unlawfully deprive another person of their freedom of movement, that are against that person's will or against the will of any parent, guardian or other person having lawful custody or care of that person. This is ANZSOC Division 05 which includes the following Subdivisions: Abduction and kidnapping (051), Deprivation of liberty/false imprisonment (052) and Harassment and threatening behaviour (053).

Aboriginal and Torres Strait Islander
A defendant who has self-identified as being of Aboriginal or Torres Strait Islander origin, or both.

Acquitted
A determination by the court that a defendant is not guilty of the charge (or charges) on the grounds that the charge has not been proven. This is a not guilty verdict by the court. Acquitted corresponds to the Charge unproven n.f.d. category (12) in the Method of Finalisation classification and includes:

  • dismissal of charge(s) by a magistrate on the grounds that the defendant is found not guilty
  • dismissal of charge(s) by a member of the judiciary due to lack of evidence or no evidence given by the prosecution
  • a finding of not guilty by reason of mental illness or condition at the time the defendant committed the offence.

Acts intended to cause injury
Acts, excluding attempted murder and those resulting in death, which are intended to cause non-fatal injury or harm to another person and where there is no sexual or acquisitive element. This is ANZSOC Division 02 which includes the following Subdivisions: Assault (021) and Other acts intended to cause injury (029).

Adjudicated finalisation
A method of finalisation based on a judgement or decision by the court as to whether or not the defendant is guilty of the charge(s) laid against them. It corresponds to category 1 in the Method of Finalisation classification. Adjudicated outcomes include:
  • acquitted
  • guilty finding
  • guilty plea
  • guilty ex-parte.

Age
A defendant's age is the time elapsed (in years) between a defendant's date of birth and the date of finalisation.

Aggravated robbery
Robbery involving any of the following aggravating circumstances:
  • infliction of injury or violence on the person
  • possession/use of a weapon
  • committed in company (i.e. by two or more persons).
This is ANZSOC Group 0611.

Aggravated sexual assault
Sexual assault that involves any of the following aggravating circumstances:
  • sexual intercourse (i.e. oral sex and/or penetration of the vagina or anus by any part of the human body or by any object)
  • inflict injury or violence
  • possession/use of a weapon
  • consent proscribed/committed against a child
  • committed in company (i.e. by two or more persons).
This is ANZSOC Group 0311.

Assault
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 ANZSOC Subdivision 021 which includes the following Groups: Serious assault resulting in injury (0211), Serious assault not resulting in injury (0212) and Common assault (0213).

Attempted murder
The attempted unlawful killing of another person, where there is either the intent to kill or to cause grievous bodily harm with the knowledge that it was probable that death or grievous bodily harm would occur (reckless indifference to life), not resulting in death. This is ANZSOC Subdivision 012 and is not further disaggregated.

Australian Standard Offence Classification (ASOC)
The ASOC is a hierarchical classification developed by the ABS for use in the collection and publication of crime and justice statistics. It provides a classification framework for the comparison of statistics on offences across Australia. Within the classificatory structure of ASOC, Divisions represent the broadest categories of offences (see Appendix 2). 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 the ASOC (ASOC08) was used to classify offence data from 2008–09 to 2009–10. The Australian Standard Offence Classification (2008) (cat no. 1234.0) is available from the ABS website <http://www.abs.gov.au>.

Australian and New Zealand Standard Offence Classification (ANZSOC)
The third edition of the Australian and New Zealand Standard Offence Classification (ANZSOC) has been developed for use within Australia and in New Zealand for the production and analysis of crime and justice statistics. It replaces the second edition of the Australian Standard Offence Classification (ASOC) and incorporates a title change from ASOC to ANZSOC and corrects some minor typographical errors only. The classification content and structure, which was updated in the second edition of ASOC following a review of the first edition of ASOC released in 1997, remains unchanged. The revised title ANZSOC reflects the international use of the framework to classify criminal behaviour and highlights the collaborative work occurring between Australia and New Zealand. The title change from ASOC to ANZSOC is also in accordance with the agreed policy between the ABS and Statistics New Zealand to harmonise classifications where possible. This edition of ANZSOC is used to classify offence data in this publication. The Australian and New Zealand Standard Offence Classification (2011) (cat no. 1234.0) is available from the ABS website <http://www.abs.gov.au>.

Bench warrant
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. Bench warrants are excluded from the Criminal Courts collection as methods of initiation and finalisation.

Blackmail and extortion
The unlawful demanding with intent to gain money, property, or any other benefit from, or with intent to cause detriment to, another person, accompanied by the use of coercive measures, to be carried out at some point in the future if the demand is not met. This may also include the use and/or threatened use of face-to-face force or violence, provided there is a threat of continued violence if the demand is not met. This is ANZSOC Subdivision (0621) and is not further disaggregated.

Breach of violence and non-violence orders
An act or omission breaching the conditions of a violence or non-violence related restraining order. This is ANZSOC Subdivision 1530 which includes the Groups: Breach of violence order (1531) and Breach of non-violence order (1532).

Case
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.

Charge
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.

Charge proven
See Proven guilty.

Charge unproven
See Acquitted.

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 ANZSOC Group 0322.

Children's Court
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 at the time the offence occurred. 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.

Committal plea
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 to a Higher Court.

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 to a Higher Court.

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 (e.g. a corrections officer). These are non-custodial orders and include:
  • community service orders
  • probation orders
  • treatment orders
  • referral to conference.

Convicted
Defendants who were proven guilty of at least one of the final charge(s) laid against them.

Court level
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 (Magistrates' Court in this publication) and Intermediate Court and Supreme Court (Higher Courts in this publication). 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.

Custodial orders
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. These include:
  • custody in a correctional institution
  • custody in the community
  • 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. This is a custodial order and includes:
  • life and indeterminate imprisonment
  • imprisonment with determined term
  • imprisonment with partially suspended term
  • periodic detention
  • juvenile detention with determined term
  • 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. This is a custodial order and includes:
  • intensive corrections order
  • home detention
  • 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 ANZSOC Division 04, which includes the following Subdivisions: Dangerous or negligent operation of a vehicle (041) and Other dangerous or negligent acts endangering persons (049).

Dangerous or negligent operation of a vehicle
The dangerous or negligent operation of a vehicle which, though not intended to cause harm, actually or potentially results in injury to oneself or another person. This is ANZSOC Subdivision 041, which includes the following Groups: Drive under the influence of alcohol or other substance (0411) and Dangerous or negligent operation (driving) of a vehicle (0412).

Date of finalisation
The date on which all charges laid against a defendant within one case 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 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 ANZSOC Subdivision 102 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).

Defendant
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.

District Court
See Intermediate Court.

Driver licence offences
Driver licence offences pertaining to the ownership or use of a driver's licence. This is ANZSOC Subdivision 141 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).

Duration
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 ANZSOC Group 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 ANZSOC Group 1431.

Finalised appearance
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 prior to 2009–10.

Finalised defendant
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.

Fine [monetary amount] - A financial penalty imposed on a defendant proven guilty, where the defendant is required to pay a sum of money to the 'Crown'. If more than one fine amount is imposed for the same sentence type, the larger value is used in this data. Shown as a dollar value ($). Applies to sentence length and sentence amount data only.

Fraud, deception and related offences
Offences involving a dishonest act or omission carried out with the purpose of deceiving to obtain benefit. This is ANZSOC Division 09 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. Fully suspended sentences that have added conditions other than good behaviour are not included.

Good behaviour bond
A non-custodial sentence that imposes an obligation, with or without sureties, on a defendant. The order aims to secure the performance of some act by the person bound by the undertaking. Recognisance orders are included in this sentence category.

Graffiti
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 ANZSOC Group 1212.

Guilty ex-parte
This is a method of finalisation in the Magistrates' and Children's Courts. It is when 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. It corresponds to category 113 in the Method of Finalisation classification.

Guilty finding
This is a method of finalisation where the court finds the charge has been proven and the case was not heard ex-parte. It corresponds to category 111 in the Method of Finalisation classification.

Guilty plea by defendant
This is a method of finalisation where the defendant pleads guilty to charge(s) and the case was not heard ex-parte. It corresponds to category 112 in the Method of Finalisation classification.

Higher Court
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 ANZSOC Division 01 which includes the following Subdivisions: Murder (011), Attempted murder (012), and Manslaughter and driving causing death (013).

Illicit drug offences
The possessing, selling, dealing or trafficking, importing or exporting, manufacturing or cultivation of drugs or other substances prohibited under legislation. This is ANZSOC Division 10 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 ANZSOC Subdivision 101 which includes the following Groups: Import illicit drugs (1011) and Export illicit drugs (1012).

Imprisonment
See Custody in a correctional institution.

Imprisonment with determined term
A custodial order requiring a person to be detained for a specified period of time within a facility built especially for the purpose of incarceration. It corresponds to code 1121 in the Sentence Type classification.

Imprisonment with partially suspended term
A custodial 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. It corresponds to code 1122 in the Sentence Type classification.

Indictment
A formal written accusation charging a person with an offence that is to be tried in a Higher Court.

Indictable offence
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
Whether a defendant has or has not identified as being of Aboriginal and/or Torres Strait Islander origin. The status is determined by self-identification.

Intermediate Court
A Higher Court (known either as the District Court or County Court) which has legal powers 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: Tasmania, the Northern Territory and the Australian Capital Territory do not have an Intermediate Court and all indictable offences are heard in the Supreme Court.

Jurisdiction
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
A custodial order requiring a person to be detained in a juvenile facility for all of the specified period of time. It corresponds to code 1141 in the Sentence Type classification.

Juvenile detention with partially suspended term
A custodial 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 order. It corresponds to code 1142 in the Sentence Type classification.

Life and indeterminate imprisonment
The most serious sentence of imprisonment. It corresponds to code 1110 in the Sentence Type classification.

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.

Local Court
See Court of Summary Jurisdiction.

Magistrates' Court
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. Other Courts of Summary Jurisdiction, such as Children's Courts, Electronic Courts and Drug Courts, are excluded.

See Court of Summary Jurisdiction for further information.

Manslaughter and driving causing death
The unlawful killing of another person while deprived of the power of self-control by provocation, or under circumstances amounting to diminished responsibility or without intent to kill, as a result of a careless, reckless, negligent, unlawful or dangerous act. This is ANZSOC Subdivision 013 which includes the Groups: Manslaughter (0131) and Driving causing death (0132).

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 ANZSOC Subdivision (103) which includes the Groups: Manufacture illicit drugs (1031) and Cultivate illicit drugs (1032).

Method of finalisation
The way in which a defendant is completed as an item of business in a particular court level. A defendant is considered 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 and different subsets of finalisation - for example, a guilty plea by defendant is also an adjudicated finalisation. The Method of Finalisation classification is provided at Appendix 2.

Method of initiation
The way in which 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.

Miscellaneous offences
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 ANZSOC. This is ANZSOC Division 16 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).

Monetary orders
A non-custodial sentence 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. Court levies and fees are not included.

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 ANZSOC Subdivision (081) 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).

Murder
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)
  • without intent to kill in the course of committing a crime (felony murder).
This is ANZSOC subdivision 011 and the subdivision is not further disaggregated.

National Offence Index
The National Offence Index (NOI) is a seriousness ranking of the ANZSOC 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).

Nominal penalty
A non-custodial sentence that provides for the release of a defendant without an order following sentencing. Conditions may or may not be attached.

Non-adjudicated finalisation
A method of finalisation whereby a charge is considered completed even though a judgement has not been handed down by the court. It corresponds to category 3 in the Method of Finalisation classification and includes:
  • defendant is deceased
  • defendant is unfit to plead
  • the charge is withdrawn by the prosecution
  • the case is transferred to a non-court agency.

Non-aggravated robbery
Robbery not involving any aggravating circumstances as defined in ANZSOC Group 0611, Aggravated robbery. This is ANZSOC Group 0612.

Non-aggravated sexual assault
Sexual assault not involving any of the aggravating circumstances as defined in ANZSOC Group 0311, Aggravated sexual assault. This is ANZSOC Group 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 ANZSOC Subdivision 032 which includes the following 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).

Non-assaultive sexual offences against a child
Offences of a sexual nature, or intent thereof, against a person under the age of 16 years that involve the presence of that person but not physical contact with that person. This is ANZSOC Group 0321.

Non-custodial orders
Sentences imposed on a defendant that do not involve being held in custody. This category includes:
  • community supervision or work orders
  • monetary orders
  • other non-custodial orders.

Non-Indigenous
A defendant who does not identify as being of Aboriginal and/or Torres Strait Islander origin.

Not guilty verdict
See Acquitted.

Offences against government operations
An act with the intent of resisting or hindering government officers, or government operations, other than police, justice or government security officers. This is ANZSOC Subdivision 154 which includes the Groups: resist or hinder a government official (excluding police officer, justice official or government security officer) (1541), bribery involving government officials (1542), immigration offences (1543) and offences against government operations, n.e.c. (1549).

Offences against government security
An act or omission prejudicial to effective enforcement of government operations concerned with the preservation of national security. This is ANZSOC Subdivision 155 which includes the Groups: Resist or hinder government a officer concerned with government security (1551) and Offences against government security, n.e.c. (1559).

Offences against justice procedures
An act or omission prejudicial to the effective carrying out of justice procedures other than justice orders. This is ANZSOC Subdivision 156 which includes the Groups: subvert the course of justice (1561), resist or hinder police officer or justice official (1562), prison regulation offences (1563) and offences against justice procedures, n.e.c. (1569).

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 ANZSOC Division 15 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).

Original jurisdiction
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 dangerous or negligent acts endangering persons
Dangerous or negligent acts not involving the operation of a vehicle which, though not intended to cause harm, actually or potentially result in injury to oneself or another person. This is ANZSOC Subdivision 049 which includes the following Groups: Neglect or ill treatment of person under care (0491) and Other dangerous or negligent acts endangering persons, n.e.c. (0499).

Other illicit drug offences
Other illicit drug offences not elsewhere classified in Illicit drug offences (ANZSOC Division 10) 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 is ANZSOC subdivision 109 and 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. This includes:
  • good behaviour bond/recognisance orders
  • licence disqualification/suspension/amendment
  • forfeiture of property order
  • nominal penalty
  • 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.

Periodic detention
A custodial order 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 currently available in the Australian Capital Territory only. Periodic detention ceased being a sentencing option in New South Wales in 2010.

Plea
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.

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 ANZSOC Subdivision 104 which includes the following Groups: Possess illicit drugs (1041) and Use illicit drugs (1042).

Principal offence
The offence category, based on ANZSOC, that describes the most serious offence type associated with a finalised defendant. The principal offence is determined by how the offences were finalised and/or the rankings in the National Offence Index 2009 (see National Offence Index).

Principal proven offence - The most serious offence among those offences receiving the most serious and largest sentence imposed on the defendant. This differs from the derivation of principal offence which calculates the most serious offence out of all offences proven guilty (regardless of the sentence imposed on each). Applies to sentence length and sentence amount data only.

Principal sentence
The main sentence type for a defendant who has a proven guilty finalisation. For Criminal Courts, Australia, it is based on the hierarchy of the Sentence Type Classification (see Appendix 3).

Prohibited and regulated weapons and explosives offences
Offences involving prohibited or regulated weapons and explosives. This is ANZSOC Division 11 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 ANZSOC Division 12 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 ANZSOC Group 1211.

Property damage n.e.c.
Property damage other than by fire or explosion. This is ANZSOC Group 1219.

Prosecution
The legal representatives of the Crown who bring a case against the defendant.

Proven guilty
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. Proven guilty corresponds to Charges proven (category 11) in the Method of Finalisation classification.

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 ANZSOC Division 13 which includes the following Subdivisions: Disorderly conduct (131), Regulated public order offences (132) and Offensive conduct (133).

Regulated public order offences
Offences involving behaviour that is regulated or prohibited on moral or ethical grounds. This is ANZSOC Subdivision 132 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 ANZSOC Subdivision 143 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 ANZSOC Division 06 which includes the following Subdivisions: Robbery (061) and Blackmail and extortion (062).

Sentence
A penalty or penalties imposed by a court upon a defendant who is proven guilty of a criminal offence. A sentence can also be called an order.

Sentence length - The amount of time during which a custodial or non-custodial order is in force or a term that the defendant is ordered to serve. Usually shown in months, except for community service orders which are shown in hours. Excludes life and indeterminate imprisonment as the time to be served is not fixed,; and partially suspended sentences. Applies to sentence length and sentence amount data only.

Sexual assault
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 ANZSOC Subdivision 031 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 ANZSOC Division (03) which includes the following Subdivisions: Sexual assault (031) and Non-assaultive sexual offences (032).

Specialist Courts
Courts available in some states and territories that provide support and/or offer access to programs and support services for defendants with particular characteristics. Drug courts and Indigenous courts are examples of specialist courts. The aim of specialist courts is to reduce rates of return to the justice system. Specialist courts are excluded from Criminal Courts data.

Stalking
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 behaviours include, but are 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 ANZSOC Group 0291.

Summary offence
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).

Supreme Court
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 ANZSOC Division 08 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 (except motor vehicles)
The unlawful taking or obtaining of money, goods, services (other than from motor vehicles) or non-motorised vehicles, without the use of force, threat of force or violence, coercion or deception, with the intent to permanently deprive the owner or possessor of the use of the money or goods. This is ANZSOC Subdivision 082 which includes the following groups: Theft from a person (excluding by force) (0821), Theft of intellectual property (0822), Theft from retail premises (0823) and Theft (except motor vehicles), n.e.c. (0829).

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 ANZSOC Division 14 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. It corresponds to category 35 in the Method of Finalisation classification.

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). It corresponds to category 2 in the Method of Finalisation classification.

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.

Trial
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 outcome and corresponds to category 33 in the Method of Finalisation classification.

Unlawful entry with intent
The unlawful entry of a structure with the intent to commit an offence, where the entry is either forced or unforced (ANZSOC Division 7). A structure is defined as a building that is contained by walls and can be secured in some form. This includes, but is not limited to, a dwelling (e.g. house, flat, caravan), office, bank, shop, factory, school and church. This division is not further disaggregated.

Vehicle
A motor vehicle is any self-propelled vehicle that runs on the land surface and is eligible for registration for use on public roads. Examples of vehicles are car, motorcycle, motorised caravan/campervan, truck, lorry, bus and grader.

Vehicle registration and roadworthiness offences
Offences relating to the registration or roadworthiness of the vehicle itself, rather than the manner in which the vehicle is being driven. For the purposes of this classification, 'roadworthiness' refers to the soundness of road, air and/or sea vessels. This is ANZSOC Subdivision 142 which includes the following groups: Registration offences (1421) and Roadworthiness offences (1422).

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 outcome and corresponds to category 34 in the Method of Finalisation classification.

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