4513.0 - Criminal Courts, Australia, 2008-09 Quality Declaration 
ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 12/03/2010   
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Contents >> Magistrates' Courts >> DEFENDANTS FINALISED

DEFENDANTS FINALISED

Defendants can have their charges finalised via different methods (see Appendix 2). The main categories of finalisation are: adjudicated finalisations, where the court has made a finding as to the guilt or otherwise of the defendant; finalisation by transfer between courts; withdrawal by the prosecution; and other methods such as defendant deceased or unfit to plead.

The largest number of defendants charged with criminal offences in Australia each year, are finalised in the Magistrates' Courts. The number of defendants finalised at this court level had increased by 21% since 2003-04 (from 527,374 to 635,926 in 2008-09).

DEFENDANTS FINALISED, 2003-2004 to 2008-2009
Graph: DEFENDANTS FINALISED, 2003–2004 to 2008–2009


All states and territories, except Tasmania had increases in the numbers of defendants finalised in the Magistrates' Courts in 2008-09. Western Australia (12%), South Australia (8%) and New South Wales (8%) had the largest increases.

Tasmania's finalised defendants decreased by over half (53%) from 53,368 in 2007-08 to 24,971 in 2008-09. This was due to the introduction of new legislation in 2008 that allowed for infringement notices to be dealt with, without proceeding to court (see Explanatory Notes paragraph 97).


Charges withdrawn by the prosecution

Defendants finalised through charges being withdrawn by the prosecution increased by 11% from 40,459 in 2007-08 to 44,725 in 2008-09. Despite this increase, the number of defendants finalised through charges being withdrawn by the prosecution had declined from 9% of all finalised defendants in 2003-04 to 7% in 2008-09.

During 2008-09, the following offences had the largest proportion of defendants finalised via the withdrawal of charges by the prosecution:
  • robbery and extortion (25% or 528);
  • sexual assault (20% or 857); and
  • abduction, harassment and other offences against the person (16% or 452 defendants); and
  • acts intended to cause injury (15% or 8,922).

The Australian Capital Territory (24%), South Australia (12%) and Victoria (10%) had larger proportions of defendants whose charges were withdrawn than the national average (7%). Tasmania had the smallest proportion of defendants whose charges were withdrawn, at 2%.








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