4513.0 - Criminal Courts, Australia, 2017-18 
Quality Declaration
Quality Declaration ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 28/02/2019
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GLOSSARY
Aboriginal and Torres Strait Islander A defendant who has self-identified as being of Aboriginal and/or Torres Strait Islander origin. Acts intended to cause injury Acts which are intended to cause non-fatal injury or harm to another person, where there is no sexual or acquisitive element; excludes attempted murder, or acts resulting in death. These offences are classified to ANZSOC Division 02 which includes the following Sub-divisions:
Age A defendant's age is calculated at the date their matter(s) was finalised in the criminal court. Age standardised defendant rate The age standardised defendant rate adjusts the crude rate to account for the differing age structures that exist between the Aboriginal and Torres Strait Islander and non-Indigenous populations to enable better comparisons. For more information see Explanatory Notes. Aggravated sexual assault Sexual assault that involves any of the following aggravating circumstances:
These offences are classified to 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. These offences are classified to ANZSOC Sub-division 021 which includes the following Groups:
Australian and New Zealand Standard Offence Classification (ANZSOC) The ANZSOC 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 and New Zealand. Within the classificatory structure of ANZSOC, divisions represent the broadest categories of offences. The sub-division and group levels provide increasingly detailed dissections of the broad categories. The 2011 version of ANZSOC is used to classify offence data within this publication. For details of the classification refer to Appendix 1, or Australian and New Zealand Standard Offence Classification, 2011 (cat. no. 1234.0). 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 this publication as methods of initiation and/or finalisation. Breach of violence and non-violence restraining orders An act or omission breaching the conditions of a violence or non-violence related restraining order. These offences are classified to ANZSOC Sub-division 153 which includes the following Groups:
Case One or more criminal charges, relating to one or more individuals (or organisations), which are heard together by the court as one unit of work. Charge An allegation laid before a court by the police, Director of Public Prosecutions or other prosecuting agency that an individual (or organisation) has committed a criminal offence. Child pornography offences The production, possession, distribution, or display of pornographic or abusive material of a child under the age of consent. These offences are classified to ANZSOC Group 0322. Children's Court A lower court level which is presided over by a judge/magistrate and has the jurisdiction to hear cases and sentence criminal charges against persons (generally) aged less than 18 years at the time the offence occurred. May also determine some minor indictable offences and conduct committal proceedings in relation to young people who have been charged with major indictable offences. Commercial/industry/financial regulation Breaches of regulations designed to protect an industrial, commercial or financial activity, comprising acts that are harmful to persons, acquisitive, or deceptive and are not directed at health and safety and pollution control (i.e. they cannot be appropriately placed elsewhere). These offences are classified to ANZSOC Sub-division 163. Compound sentences Compound or complex sentences are those which contain a variety of conditions or components, such as a treatment order, probation order or community service work. The exact nature of these sentences depends upon the magistrate/judge handing down the sentence, who considers factors such as the offender’s criminal history and seriousness of their offence/s. This type of sentencing is becoming increasingly common across jurisdictions with the aim of assigning the most appropriate sentence combination for an offender that takes into account rehabilitative and restitution purposes, as well as wider community expectations. Conviction/Convicted A formal declaration made by a jury, or a judge in a court of law, that the defendant is guilty of a criminal offence. Court level Represents the level (of court) in which a defendant's case(s) was finalised (see Finalised defendant). Court levels can be distinguished from one another based on the extent of their legal powers (see Jurisdiction). For the purposes of this publication Court level has been grouped into the following three categories:
Court of Summary Jurisdiction Lower courts which are presided over by a magistrate and have the jurisdiction to hear and sentence matters relating to summary (i.e. less serious) offences, or conduct preliminary (committal) hearings for indictable offences. In some circumstances, this court level may also deal with less serious indictable offences known as 'minor indictable' or 'triable either way' offences. Includes Magistrates' Courts, Local Courts or Courts of Petty Sessions (depending on the state/territory), and Children’s Courts. Crude defendant rate Crude defendant rates are a basic measure of prevalence within a population and are not adjusted to account for any differences in population. For more information see Explanatory Notes. Dangerous or negligent acts endangering persons Dangerous or negligent acts (though not intended to cause harm) which actually, or potentially, result in injury to oneself or another person. These offences are classified to ANZSOC Division 04, which includes the following Sub-divisions:
Date of finalisation The latest date on which all charges laid against a defendant within the one case are regarded as formally completed, and the defendant ceases to be an active unit of work for that particular court level. Date of initiation Represents the date in which a defendant’s case is initiated into the court, and can be either the date of committal or the date of registration (depending on the process of entry into that level of court). For defendants committed from a Magistrates' Court to a Higher Court, the 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, the date of registration for that court level is used as the date of initiation. Where there are multiple dates of initiation for a defendant (i.e. for different charges) and these charges were all finalised at the same time, the earliest date of initiation is used (for the purposes of deriving duration (i.e. length) of a defendant(s) case for this publication). 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. These offences are classified to ANZSOC Sub-division 102 which includes the following Groups:
Defendant A person (or organisations) against whom one or more criminal charges have been laid which are heard together as one unit of work by the court. District Court See: Intermediate Court. Driver licence offences Driver licence offences pertaining to the ownership or use of a driver's licence. These offences are classified to ANZSOC Sub-division 141 which includes the following Groups:
Duration The time elapsed between the earliest date of initiation and the latest date of finalisation for a defendant whose case(s) has ceased to be an item of work for the particular court level. Exceed legal speed limit Driver of a vehicle exceeds the speed restrictions pertaining to a particular area. This offence is classified to ANZSOC Group 1432. Exceed the prescribed content of alcohol or other substance limit Driver of a vehicle exceeds the prescribed content of alcohol or other substance limit, which includes driving while affected by an illicit substance (i.e. drugs). This offence is classified to ANZSOC Group 1431. Family and Domestic Violence (FDV) defendant A defendant who has been finalised, for at least one FDV offence during the reference period. Family and Domestic Violence (FDV) Indicator An indicator or ‘flag’ that is applied to a defendant record indicating any offences alleged to have been committed in an FDV context. This indicator is used to identify FDV defendants for this publication, refer to FDV Explanatory Notes for more information. Family and Domestic Violence (FDV) offence An offence identified as having occurred within a family and/or domestic context/relationship. For the purposes of this publication, FDV offences (based on ANZSOC) include:
Refer to FDV Explanatory Notes for more information, including difference across states and territories in how FDV offences are defined and identified. Finalised defendant A person or organisation for whom, all charges relating to the one case have been formally completed (within the reference period) so that they cease 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. These offences are classified to ANZSOC Division 09 which includes the following Sub-divisions:
Harassment and threatening behaviour Actions that harass or are intended to harass, threaten or invade the privacy of an individual, not amounting to an assault, sexual assault, stalking, blackmail or extortion. The action can be face-to-face, written, or made through a carriage service (e.g. phone, computer, etc.). These offences are classified to ANZSOC Sub-division 053 which includes the following Groups:
Higher Court A court presided over by a judge which has the jurisdiction to trial and sentence indictable (i.e. more serious) criminal matters; includes Intermediate Court (District or County Court) and the Supreme Court. Homicide and related offences Unlawfully kill, attempt to unlawfully kill, or conspiracy to kill another person. These offences are classified to ANZSOC Division 01 which includes the following Sub-divisions:
Illicit drug offences The possession, sale, dealing or trafficking, importing or exporting, manufacturing or cultivating of drugs or other substances prohibited under legislation. These offences are classified to ANZSOC Division 10 which includes the following Sub-divisions:
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. These offences are classified to ANZSOC Sub-division 101 which includes the following Groups:
Indictable offence A serious criminal offence as defined by specific Commonwealth, state and 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. Indictment A formal written accusation that charges a person with an offence that is to be tried in a Higher Court. Indigenous status Whether a defendant has or has not self-identified as being of Aboriginal and/or Torres Strait Islander origin. Intermediate Court Higher Courts which are presided over by a judge and have legal powers that fall between those of the Court of Summary Jurisdiction and a Higher Court, to trial and sentence matters relating to most indictable (i.e. serious) offences; includes District Courts and County Courts (depending on the state/territory). 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. Indigenous status not stated Where the Indigenous status of the defendant is not able to be identified or recorded. Jurisdiction The legal power or authority which may be exercised by a particular court level within which, judgements or orders of the court can be enforced or executed. Each court level has its own defined jurisdictional limits and these vary across states and territories. Juvenile A person aged between 10 and 17 years of age. Local Court See: Court of Summary Jurisdiction. Magistrates' Court A lower court presided over by a magistrate which has the jurisdiction to hear and sentence summary (i.e. less serious) offences and to conduct preliminary (committal) hearings for indictable offences. In some circumstances, this court level may also deal with less serious indictable offences known as 'minor indictable' or 'triable either way' offences. Includes the Local Court and Court of Petty Sessions (depending on the state/territory). 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. These offences are classified to ANZSOC Sub-division (103) which includes the following Groups:
Mean The sum of the value of each observation in a data set divided by the number of observations. This is also known as the arithmetic average. Median The middle value in a distribution when these values are arranged in ascending or descending order. Method of finalisation Refers to the way in which a criminal charge(s) for a defendant has been completed (finalised) by the court, so that it ceases to be an item of work for that particular court level. The Method of finalisation classification (Appendix 2) presents a full list of the categories/methods of finalisation in scope of this publication, including definitions for each of these. Method of initiation Method of initiation describes how a criminal charge is initiated (i.e. commenced, lodged or filed) within the court system or a court level. 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 ANZSOC Division. These offences are classified to ANZSOC Division 16 which includes the following Sub-divisions:
Motor vehicle theft and related offences The taking of another person's motor vehicle (illegally or without permission) with the intent of temporarily or permanently depriving the owner (or possessor) from the use of the motor vehicle; and/or taking motor vehicle parts or contents (illegally or without permission). These offences are classified to ANZSOC Sub-division 081 which includes the following Groups:
National Offence Index The National Offence Index (NOI) provides an ordinal ranking of the offence categories in the Australian and New Zealand Standard Offence Classification (ANZSOC) (cat. no. 1234.0) according to perceived seriousness, in order to determine a defendant’s principal offence. The National Offence Index, 2018 (cat no. 1234.0.55.001) is available from the ABS website. Non-aggravated sexual assault Sexual assault offences not involving aggravated circumstances. These offences are classified to ANZSOC Group 0312. 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. These offences are classified to ANZSOC Group 0321. Non-Indigenous A defendant who does not identify as being of Aboriginal and/or Torres Strait Islander origin. 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 dis-benefit. These offences are classified to ANZSOC Sub-division 091. Offence Any act or omission by a person (or persons), for which a penalty could be imposed by the Australian legal system. 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. These offences are classified to ANZSOC Sub-division 154 which includes the following Groups:
Offences against government security An act or omission prejudicial to effective enforcement of government operations concerned with the preservation of national security. These offences are classified to ANZSOC Sub-division 155 which includes the following Groups:
Offences against justice procedures An act or omission prejudicial to the effective carrying out of justice procedures (other than justice orders). These offences are classified to ANZSOC Sub-division 156 which includes the following Groups:
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. These offences are classified to ANZSOC Division 15 which includes the following Sub-divisions:
Original jurisdiction Refers to the power of a court to hear criminal charges against a defendant for the first time (as opposed to on appeal) and determine whether or not a defendant is proven guilty. Other illicit drug offences Other illicit drug offences not elsewhere classified in ANZSOC Division 10, including: possession of money with intent to obtain drugs; possession of pipes, syringes, or 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. These offences are classified to ANZSOC Sub-division 109. Plea A formal statement made by, or on behalf of, the defendant in response to a criminal charge that has been laid before a court, indicating 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. These offences are classified to ANZSOC Sub-division 104 which includes the following Groups:
Principal FDV offence The ‘most serious’ FDV offence (based on ANZSOC) for a finalised FDV defendant, based upon how the defendant’s offence(s) was finalised and the hierarchy of the National Offence Index 2009 (see: National Offence Index). Refer to FDV Explanatory Notes for more information. Principal offence The ‘most serious’ offence (based on ANZSOC) for a finalised defendant, based upon how the defendant’s offence(s) was finalised and the hierarchy of the National Offence Index 2018 (see: National Offence Index). Refer to Explanatory Notes for more information. Principal proven offence The offence (based on ANZSOC) associated with the ‘most serious’ sentence type (i.e. Principal sentence) with the largest sentence length or fine amount (i.e. quantum). Refer to Explanatory Notes for more information. Principal sentence The main (or most serious) sentence dealt to a defendant who has been proven guilty, based on the hierarchy of the Sentence Type Classification. This classification (Appendix 3) presents a full list of categories/types of sentences in scope of this publication, including definitions for each of these. Prohibited and regulated weapons and explosives offences Offences involving prohibited or regulated weapons and explosives. These offences are classified to ANZSOC Division 11 which includes the following Sub-divisions:
Property damage and environmental pollution The wilful and/or unlawful destruction, damage, defacement or pollution of public, private, or community property – where 'destruction' means altering the property in any way so as to render it imperfect or inoperative. These offences are classified to ANZSOC Division 12 which includes the following Sub-divisions:
Prosecution The legal representatives of the Crown who bring a case against a defendant e.g. police, the Department of Prosecutions or other statutory body. Public order offences Offences relating to personal conduct that involves (or may lead to) a breach of public order or decency, is indicative of criminal intent, or is otherwise regulated or prohibited on moral or ethical grounds. In most cases (but not all) these offences do not involve a specific victim or victims. These offences are classified to ANZSOC Division 13 which includes the following Sub-divisions:
Quantum The length of a sentence/order, or fine amount, associated with an offence proven guilty. For the purposes of this publication, the quantum presented is that associated with the defendant’s principal sentence. Rate of defendants finalised Rates of defendants finalised are expressed as the number of defendants per 100,000 of the relevant Estimated Resident Population (ERP). For more information see Explanatory Notes. Ratio A way of concisely showing the relationship of one quantity relative to another. Regulated public order offences Offences involving behaviour that is regulated or prohibited on moral or ethical grounds. These offences are classified to ANZSOC Sub-division 132 which includes the following Groups:
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. These offences are classified to ANZSOC Division 06 which includes the following Sub-divisions:
Sentence A penalty or order imposed by a court upon a defendant who is proven guilty of a criminal offence. The Sentence Type Classification (Appendix 3) presents a full list of categories/sentence types in scope of this publication, including definitions for each of these. Sexual assault and related offences Acts (or intent of acts) of a sexual nature against another person, where these are non-consensual or where consent is proscribed. These offences are classified to ANZSOC Division 03 which includes the following Sub-divisions:
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 e.g. Drug courts, Indigenous courts. The aim of specialist courts is to reduce rates of defendant’s returning to the justice system. Specialist courts are excluded from this collection. 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. Includes, but is not limited to: 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. These offences are classified to 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. Charges relating to summary offences are generally dealt with by a Court of Summary Jurisdiction. However, in some states and territories, a defendant with summary charges 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 or if they have other indictable offences in the same case that are to be transferred (see: Indictable offence). Supreme Court A Higher Court presided over by a judge, which deals with the most serious criminal charges and has jurisdiction to trial and sentence matters relating to all indictable offences. In states and territories that 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 of (or obtaining) 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. Also includes the receiving or handling of money or goods obtained unlawfully. These offences are classified to ANZSOC Division 08 which includes the following Sub-divisions:
Theft (except motor vehicles) The unlawful taking of (or obtaining) 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 of permanently depriving the owner or possessor of the use of the money or goods. These offences are classified to ANZSOC Sub-division 082 which includes the following Groups:
Traffic and vehicle regulatory offences Offences relating to vehicles and most forms of traffic offences, including offences pertaining to the licensing, registration, roadworthiness or use of vehicles, bicycle offences and pedestrian offences. These offences are classified to ANZSOC Division 14 which includes the following Sub-divisions:
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. 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 (although a some states and territories also allow for a trial before a judge only). Defendants can be committed to trial via a committal proceeding, or an ex-officio indictment. Unlawful entry with intent/burglary, break and enter The unlawful entry (forced or unforced) of a structure with the intent to commit an offence. 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. These offences are classified to ANZSOC Division 07. Vehicle registration and roadworthiness offences Offences relating to the registration or roadworthiness/soundness of a vehicle itself (including road, air and/or sea vehicles), as opposed to the manner in which a vehicle is driven. These offences are classified to ANZSOC Sub-division 142 which includes the following Groups:
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