4513.0 - Criminal Courts, Australia, 2017-18 Quality Declaration 
ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 28/02/2019   
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APPENDIX 2 – METHOD OF FINALISATION CLASSIFICATION

Method of finalisation refers to the way in which a defendant’s case(s) is finalised by the courts and the case(s) ceases to be an item of work for that particular court level (within the reference period).

This Appendix presents the different categories/types of method of finalisation in scope of the Criminal Courts, Australia publication, including the definitions for each of these.

For additional information about counting rules and state/territory specific court practices that may impact on method of finalisation data in this publication, refer to the Explanatory Notes.


CODEMETHOD OF FINALISATION TYPE AND DESCRIPTION

100ADJUDICATED FINALISATION

An outcome of criminal proceedings based on a judgement, or decision made by the court as to whether or not the defendant is guilty of a criminal charge(s). Includes:
  • 110 Charge proven
  • 120 Charge not proven

110 Charge Proven (Proven Guilty)

An outcome of criminal proceedings of criminal proceedings in which a court accepts that a criminal charge(s) is proven either through a guilty plea entered by a defendant, or through a guilty finding by the court. Includes:
  • 111 Guilty finding by the court
  • 112 Guilty plea by defendant
  • 113 Guilty ex-parte

111Guilty finding by the court

An outcome of criminal proceedings whereby the court (i.e. Jury, Judge, Magistrate etc.) has determined that the defendant is guilty of a criminal charge(s).

112Guilty plea by defendant

An admission of guilt by the defendant in relation to a criminal charge(s).

113Guilty ex-parte

A determination of guilt made by the court, in the absence of the defendant, based on the evidence presented in relation to a criminal charge(s).

120Charges not proven (Acquitted)

A determination made by the court that the defendant is not guilty of a criminal charge(s) due to sufficient evidence to demonstrate the defendant is not guilty, insufficient evidence presented by the prosecution (to infer guilt), or lack of criminal responsibility (i.e. mental illness or condition at the time the defendant was alleged to have committed an offence). Includes:
  • 121 Acquitted by the court
  • 122 Not guilty by reason of mental illness/condition
  • 123 No case to answer at committal
  • 124 Charge not proven (not elsewhere classified)

121 Acquitted by the court

A determination made by the court that the defendant is not guilty, or is free from a criminal charge(s).

122Not guilty by reason of mental illness/condition

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

123 No case to answer at committal

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

129Charge not proven (not elsewhere classified)

An outcome of criminal proceedings whereby a criminal charge(s) has not been proven, for reasons not described elsewhere (i.e. 121, 122,123). For example, where the charge is struck out, or dismissed by a member of the judiciary due to delays in proceedings or insufficient evidence provided by the prosecution.

200TRANSFER OF CHARGES BETWEEN COURT LEVELS

A court outcome ordering that a criminal charge(s) be transferred to another court level (within the same state/territory) to be adjudicated and/or sentenced. Includes:
  • 210 Transfer from a lower court to a Higher Court
  • 220 Transfer from the Higher Court to a Magistrates’ Court
  • 250 Transfer from a Children’s Court to a Magistrates’ Court
  • 290 Other transfers between court levels (not elsewhere classified)

210 Transfer from a lower to a Higher Court

A court outcome ordering a criminal charge(s) initiated in a lower court be transferred to a higher court for trial and/or sentencing. Includes:
  • 211 Committed for trial
  • 212 Committed for sentence
  • 219 Transfer from a lower to a Higher Court (not elsewhere classified)

211 Committed for trial

A court outcome of a committal hearing where a defendant enters a not guilty plea in relation to the charge(s) against them and is subsequently transferred to a Higher Court to stand trial.

212Committed to sentence

A court outcome of a committal hearing where a defendant enters a guilty plea in relation to the charge(s) against them and is subsequently transferred to a Higher Court for sentencing.

219Transfer from a lower court to a Higher Court (not elsewhere classified)

A court outcome resulting in transfer from a lower to a Higher Court not elsewhere described (i.e. 211, 212).

220Transfer from a Higher Court to a Magistrates' Court

A court outcome ordering that a charge(s) be transferred from a Higher Court to a Magistrates’ Court to be determined and/or sentenced.

250Transfer from a Children's Court to a Magistrates' Court

A court outcome ordering that a criminal charge(s) be transferred from a Children's Court to a Magistrates' Court to be determined and/or sentenced.

290Other transfers between court levels (not elsewhere classified)

A court outcome ordering that a criminal charge(s) be transferred to another court level not described elsewhere (i.e. 210, 220 and 250). Includes re-hearings ordered by an appellate court, transfers from a Higher Court to a Children’s Court and transfers to Specialist Courts.1

300NON-ADJUDICATED FINALISATION

Court outcomes which relate to the completion of a criminal charge(s) which have not been adjudicated. Includes:
  • 310 Defendant deceased
  • 330 Unfit to plead
  • 340 Withdrawn by the prosecution
  • 350 Transfer to a non-court agency
  • 390 Other non-adjudicated finalisation (not elsewhere classified)

310Defendant deceased

Following the initiation of a criminal charge(s) the court is notified that the defendant is deceased. As such, the case(s) is unable to proceed.

330Unfit to plead

An outcome of court proceedings where the defendant has been deemed to be incapable of pleading guilty or not guilty to a criminal charge(s) as a result of their mental status.

340Withdrawn by the prosecution

The formal withdrawal of a criminal charge(s) by the prosecution (i.e. Police, Director of Public Prosecutions, Attorney-General, or another initiating agency). Includes Nolle Prosequi and No True Bill.

350Transfer to a non-court agency

An outcome of court proceedings whereby the criminal charge(s) has been transferred to a non-court agency.

390Other non-adjudicated finalisation (not elsewhere classified)

Other non-adjudicated finalisations which have not been described elsewhere (i.e. 310, 330, 340 and 350).

900NOT STATED/UNKNOWN

The method of finalisation is not able to be determined.


1 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. For example, Drug courts and Indigenous courts. The aim of specialist courts is to reduce rates of persons subsequently returning to the justice system. Specialist courts are excluded from Criminal Courts data.