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APPENDIX 2 GLOSSARY

The purpose of this glossary is to provide detailed definitions of selected classifications referenced within the data dictionary. These classifications include Method of finalisation, Plea (Committal, Initial and Final), Method of initiation and Principal Sentence. The glossary also defines terms referenced in the data dictionary for which no subsequent definition is provided, this includes terms such as original jurisdiction and case.

• dismissal of charge by a Magistrate on the grounds that the defendant is found not guilty
• dismissal of charge by member of judiciary due to lack of evidence or no evidence given by prosecution

• acquitted by jury at direction of judge (except on the grounds of mental illness/condition).

• Not guilty by reasons of mental illness/condition (this is coded to 122)

Charge proven n.f.d. (110)

A method of adjudicated charge finalisation where the court finds the charge proven. This code should only be used if a more specific code in this grouping cannot be allocated.

Charge unproven n.e.c. (129)

Charge unproven not elsewhere classified.

For defendants finalised in the Magistrates' Criminal Court this includes:

• Dismissal of charge by a member of the judiciary due to delays in procedural steps

• Charge struck out
• Dismissal of charge by a member of the judiciary due to delays in procedural steps
• Dismissal of charge by member of judiciary due to lack of evidence or no evidence given by prosecution

• Acquitted by court (this is coded to 121)
• Not guilty by reasons of mental illness/condition (this is coded to 122)

Defendant deceased (310)

The court is notified of the fact that the defendant is deceased.

Finalisation by transfer of charge(s) between court levels n.f.d. (200)

Includes finalisations where there is a court outcome ordering that a criminal charge be transferred to another court level (within the state/territory) to be determined and/or sentenced. This code should only be used if a more specific code in this grouping cannot be allocated.

For all defendants this excludes:

• The transfer of a defendant to another geographical court location within the same court level.

(i) where the defendant pleaded guilty and the charge(s) are proven in his/her absence, or
(ii) the defendant fails to appear and the charge(s) were proven on the basis of the evidence presented.

• Conviction recorded and accused discharged
• Conviction recorded and sentence imposed
• No conviction recorded and sentence imposed
• No conviction recorded and accused discharged

• Conviction recorded and accused discharged
• Conviction recorded and penalty imposed
• No conviction recorded and penalty imposed

• guilty plea by a defendant (this is coded to 112)

Guilty plea by defendant (112)

A guilty plea to a charge by the defendant (and where the charge was not heard ex-parte). This is not a trial outcome.

For defendants finalised in the Magistrates' Criminal Court this includes a guilty plea by a defendant which may have any of the following outcomes:

• Conviction recorded and accused discharged
• Conviction recorded and sentence imposed
• No conviction recorded and sentence imposed
• No conviction recorded an accused discharged

• Conviction recorded and accused discharged
• Conviction recorded and penalty imposed
• No conviction recorded and penalty imposed

• guilty finding by court (this is coded to 111)

Method of finalisation unknown/not stated (900)

Method of charge finalisation unknown/not stated.

No case to answer at committal (123)

A determination by the court at a committal hearing that there is insufficient evidence to commit the defendant to a higher court for trial on a charge.

For all defendants this excludes:

• Acquitted by court (this is coded to 121)

Non-adjudicated finalisation n.f.d. (300)

A summary method of finalisation which includes those finalisations whereby a charge is considered to be completed and ceases to be active. This code should only be used if a more specific code in this grouping cannot be allocated.

Not guilty by reasons of mental illness/condition (122)

A determination by the court that the defendant is not guilty of a charge by reason of mental illness/condition.

For all defendants this excludes:

• Acquitted by court (this is coded to 121)
• Outcomes of appeal matters

• Permanent stay of proceedings
• Diplomatic immunity
• Statute of limitation applies

• Permanent stay of proceedings
• Sine Die
• Diplomatic immunity
• Statute of limitation applies

• Defendant deceased (this is coded to 310)
• Unfit to plead (this is coded to 330)
• Withdrawn by prosecution (this is coded to 340)

• Transfer from a higher court to a Children's/Juvenile court
• Transfer from a Magistrates' Court to a drug court.

• Transfer from a higher court to a Magistrates' Court (this is coded to 220).

Transfer from a higher court to a Magistrates' Court (220)

Transfer of a charge from a higher court to a Magistrates' Court.

This excludes:

• Transfer from a higher court to Children's/Juvenile court (this is coded to 290).

Transfer from an intermediate court to a Supreme Court - for sentence (232)

Transfer of a charge from an intermediate court to the Supreme Court for sentence.

Transfer from an intermediate court to a Supreme Court - for trial (231)

Transfer of a charge from an intermediate court to the Supreme Court for trial.

Transfer from an intermediate court to a Supreme Court n.f.d. (230)

Transfer of a charge from an intermediate court to the Supreme Court for adjudication. This code should only be used if a more specific code in this grouping cannot be allocated.

Transfer from a Magistrates' Court to a higher court - Committed for sentence (212)

The committal of a defendant to a higher court for sentence on one or more charge.

Transfer from a Magistrates' Court to a higher court - Committed for trial (211)

The committal of a defendant to a higher court for trial on one or more charge.

Transfer from a Magistrates' Court to a higher court - n.e.c. (219)

Transfer of a charge from a Magistrates' Court to a higher court not elsewhere classified.

Transfer from a Magistrates' Court to a higher court n.f.d. (210)

Transfer of a charge from a Magistrates' Court to a higher court for trial or sentence. This code should only be used if a more specific code in this grouping cannot be allocated.

Transfer from a Supreme Court to an intermediate court - for sentence (242)

Transfer of a charge from the Supreme Court to an intermediate court for sentence.

Transfer from a Supreme Court to an intermediate court - for trial (241)

Transfer of a charge from the Supreme Court to an intermediate court for trial.

Transfer from a Supreme Court to an intermediate court n.f.d. (240)

Transfer of a charge from the Supreme Court to an intermediate court for adjudication. . This code should only be used if a more specific code in this grouping cannot be allocated.

Unfit to plead (330)

An outcome of court proceedings where it has been determined that the defendant's mental status is such that he/she is unfit to plead in relation to the charge against him/her.

Withdrawn by prosecution (340)

The formal withdrawal of charge(s) by the prosecution.

For all defendants this includes:

• Police or other initiating agency withdrawing charge
• Director of Public Prosecutions withdrawing charge
• Attorney-General withdrawing charge
• Nolle Prosequi
• No True Bill

• Unfit to plead (this is coded to 330)
• Other non-adjudicated finalisation (this is coded to 390)

Charge(s) laid before a Magistrates' Court n.e.c. (113)

A method of registration resulting from a prosecuting agency laying charge(s) before the Magistrates' Court not elsewhere classified (includes triable either way offences).

Charge(s) laid before a Magistrates' Court n.f.d. (110)

A method of registration resulting from a prosecuting agency laying charge(s) before the Magistrates' Court. This code should only be used if a more specific code in this grouping cannot be allocated.

Committed for sentence (212)

An outcome of a committal hearing where a defendant enters a guilty plea to a charge and is transferred to a higher court to be sentenced.

Committed for trial (211)

An outcome of a committal hearing where a defendant enters a not guilty plea to a charge and is transferred to a higher court to stand trial.

Direct laying of charge(s) n.f.d. (100)

A method of registration resulting from a prosecuting agency laying charge(s) before the court alleging that the named defendant committed the specified criminal offence(s). This code should only be used if a more specific code in this grouping cannot be allocated.

Ex-officio indictment of charge(s) to a higher court n.f.d. (120)

The direct laying of charge(s) by the Director of Public Prosecution or the Attorney-General in a higher court, for adjudication. This code should only be used if a more specific code in this grouping cannot be allocated.

Ex-officio indictment of charge(s) to a higher court - for sentence (122)

The direct laying of charge(s) by the Director of Public Prosecution or the Attorney-General in a higher court, for sentence.

Ex-officio indictment of charge(s) to a higher court - for trial (121)

The direct laying of charge(s) by the Director of Public Prosecution or the Attorney-General in a higher court, for trial.

Indictable offences brought before a Magistrates' Court (111)

A method of registration resulting from a prosecuting agency laying indictable charge(s) before the Magistrates' Court.

Method of Initiation unknown/not stated (900)

This code is to be used for charge(s) where the method of initiation is unknown.

Other transfer between court levels n.e.c. (290)

A court outcome ordering that a criminal charge be transferred to another court level to be determined and/or sentenced not elsewhere classified.

This includes:

• Retrials ordered by an Appellate court
• Transfers from the Children's/Juvenile Court

• Transfers between court locations within the same court level.

Transfer from a higher court to a Magistrates' Court (220)

A court outcome ordering that a criminal charge be transferred from a higher court to a Magistrates' court to be determined and/or sentenced.

Transfer from a Magistrates' Court to a higher court n.e.c. (219)

Resulting from a criminal charge being transferred, other than by a committal process, from a Magistrates' Court.

Transfer from a Magistrates' Court to a higher court n.f.d. (210)

A court outcome ordering that a criminal charge laid in a Magistrates' Court be transferred to a higher court to be determined and/or sentenced. This code should only be used if a more specific code in this grouping cannot be allocated.

Transfer from a Supreme Court to an intermediate court - for sentence (242)

A court outcome ordering that a criminal charge be transferred from a Supreme Court to an intermediate for sentence.

Transfer from a Supreme Court to an intermediate court - for trial (241)

A court outcome ordering that a criminal charge be transferred from a Supreme Court to an intermediate for trial.

Transfer from a Supreme Court to an intermediate court n.f.d. (240)

A court outcome ordering that a criminal charge be transferred from a Supreme Court to an intermediate court to be determined and/or sentenced. This code should only be used if a more specific code in this grouping cannot be allocated.

Transfer from an intermediate court to a Supreme Court - for sentence (232)

A court outcome ordering that a criminal charge be transferred from an intermediate court to a Supreme Court for sentence.

Transfer from an intermediate court to a Supreme Court - for trial (231)

A court outcome ordering that a criminal charge be transferred from an intermediate court to a Supreme Court for trial.

Transfer from an intermediate court to a Supreme Court n.f.d. (230)

A court outcome ordering that a criminal charge be transferred from an intermediate court to a Supreme Court to be determined and/or sentenced. This code should only be used if a more specific code in this grouping cannot be allocated.

Transfer of charge(s) between court levels n.f.d. (200)

A court outcome in which criminal charge(s) against a defendant have been registered transferring the criminal charge(s) to another court level to be determined and/or sentenced. This code should only be used if a more specific code in this grouping cannot be allocated.

Defended n.f.d. (20)

Defended refers to where the defendant will contest the charge(s) laid against him/her. This code should only be used if a more specific code in this grouping cannot be allocated.

Guilty plea (11)

A plea of guilty indicates that the defendant does not wish to contest the charge(s) and if unchanged, results in a sentence hearing (i.e. the defendant has undefended court proceedings).

Other defended plea n.e.c. (24)

Includes Demurrer, No jurisdiction, Autrefois conviction and Autrefois acquittal.

No plea (22)

No plea entered by a defendant or representative of the defendant is a refusal to enter a plea in relation to charge(s), and if unchanged results in the defendant being listed for a trial or defended hearing.

Not applicable (40)

This category is only relevant to Plea at committal and only applies to defendants whose charge(s) are initiated through a non-committal process.

Not applicable n.e.c. (39)

This category is only relevant to Plea at Finalisation and only applies to defendants with the non-adjudicated finalisations 'Defendant deceased', 'Unfit to plead' or 'Other non-adjudicated finalisation n.e.c.'

Not applicable n.f.d. (30)

This category is only relevant to Plea at Finalisation and only applies to non adjudicated charge finalisations. This code should only be used if a more specific code in this grouping cannot be allocated.

Not guilty plea (21)

A plea of not guilty indicates that the defendant wishes to contest the charge(s), and if unchanged results in the defendant being listed for a trial or defended hearing.

Plea reserved (23)

The statement of plea reserved to a charge by a defendant in a Magistrates' Court.

Undefended n.f.d. (10)

Undefended refers to where a defendant does not contest the charge(s) laid against him/her. This code should only be used if a more specific code in this grouping cannot be allocated.

Unknown/not stated (99)

This code is to be used for charge(s) where the final plea is unknown or has not been completed.

Withdrawn by prosecution (31)

This category is only relevant to Plea at Finalisation and only applies to charge(s) finalised as Withdrawn by Prosecution.

Community service orders (211)

An order requiring a person to undertake a specified number of hours of unpaid work for the community. Should that person breach the order he/she may be brought back to court and receive another penalty.

Community supervision or work orders n.f.d. (210)

Non-custodial orders that require a person to perform work within the community or report to a person nominated by the court (for example, a corrections officer). This code should only be used if a more specific code in this grouping cannot be allocated.

Custodial orders n.f.d. (100)

An order 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 within the community. This code should only be used if a more specific code in this grouping cannot be allocated.

Custody in a correctional institution n.f.d. (110)

An order requiring a person to be detained within a facility built especially for the purpose of incarceration. This code should only be used if a more specific code in this grouping cannot be allocated.

Custody in the community n.f.d. (120)

An order requiring a person to have restricted liberty for a specified period of time while living within the community. This code should only be used if a more specific code in this grouping cannot be allocated.

Fine (221)

A monetary penalty where the offender is required to pay a sum of money to the 'Crown'.

Forfeiture of property order (293)

The deprivation of a person of his/her property as a penalty for some act or omission.

Good behaviour bond/Recognisance orders (291)

An obligation, with or without sureties, aimed at securing the performance of some act by the person bound by the undertaking.

Home detention (122)

An order in which a person serves part of a sentence of imprisonment at home or at another approved place that is not a correctional institution.

Imprisonment with determined term (112)

An order requiring a person to be detained for a specified period of time within a facility built especially for the purpose of incarceration.

Intensive corrections order (121)

An order that has a component of restricted liberty and requires a person to report to a correctional services officer on a specified basis.

Licence disqualification/Suspension/Amendment (292)

An order relating to the cancellation/suspension or amendment of a licence/permit, or the review or modification of conditions associated with it.

Life and indeterminate imprisonment (111)

The most serious form of imprisonment. Life imprisonment refers to offenders sentenced to life imprisonment. This does not necessarily mean that the person will be held in custody for the term of his/her natural life. In some states/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.

Monetary orders n.f.d. (220)

A sentence order which requires the offender to pay a sum of money, usually in the form of a fine or for recompense to victims (does not include court levy's and fees). This code should only be used if a more specific code in this grouping cannot be allocated.

Nominal penalty (294)

Release of a defendant without an order following sentence which may or may not have conditions attached. Includes Rising of the Court and discharge/dismissal.

Non-custodial orders n.f.d. (200)

Sentences imposed on an offender that do not involve custody. This code should only be used if a more specific code in this grouping cannot be allocated.

Orders as recompense to victim (222)

A sentence order which requires the offender to pay a sum of money for a purpose other than fine, usually in relation to reparation to a victim. Includes Restitution and Compensation orders.

Other custody in the community n.e.c. (129)

An order requiring a person to have restricted liberty for a specified period of time while living within the community not including Intensive corrections orders or Home detention orders.

Other monetary orders n.e.c. (229)

Other monetary orders that is not a fine or an order as recompense to victim.

Other non-custodial orders n.e.c. (299)

Other non-custodial orders that are not good behaviour bonds, recognisance orders, licence disqualifications, forfeiture of property or a nominal penalty.

Other non-custodial orders n.f.d. (290)

Other non-custodial orders that are not community supervision or work orders or monetary orders. This code should only be used if a more specific code in this grouping cannot be allocated.

Periodic detention (113)

Persons given periodic detention are in custody for two consecutive days in a week (for example, weekends) and remain at liberty during the rest of the week.

Probation orders (212)

An order which requires an offender to be released, with or without conviction, to the supervision of an authorised officer. Includes any order which requires an offender to report periodically to an authorised officer but does not include any period of restricted liberty. Excludes Intensive supervision orders and Intensive corrections orders that contain periods of restricted liberty.

Sentence type unknown/Not stated (900)

This code is to be used for charge(s) where the sentence type is unknown.

Suspended sentence (130/131)

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.

Treatment orders (213)

An order requiring a person to undertake a specified rehabilitation program aimed at behavioural or attitudinal modification.

Benchwarrant executed

The apprehension of an absconder who is brought back before the court to answer outstanding (and new) charges.

Benchwarrant issued

A warrant signed by a Judge or Magistrate ordering a person to be arrested and brought back before a 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.

Case

One or more defendants against whom one or more criminal 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(s) and appear together on one indictment.

Case is the operational unit of work for a court and signifies an intention to hear one or more charge relating to one or more individuals or organisations.

The counting unit case could be collected at four different stages; the number pending at the start of a counting period, the number initiated during the counting period, the number finalised during the counting period and the number pending at the end of the counting period.

Higher criminal courts

The criminal jurisdiction of an intermediate court or 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 and appellate jurisdictions. Each court level has its own defined jurisdictional limits and these vary across states and territories.

Original jurisdiction

The power of a court to hear criminal charge(s) and determine whether or not a defendant is proven guilty and/or to sentence defendants where a charge has been proven.

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 criminal court for trial. In a higher criminal court, 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 a higher criminal court.