4517.0 - Prisoners in Australia, 2002  
ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 20/02/2003   
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Abduction and related offences

Acts of unlawful detainment or seizing of another person against that person's will or against the will of any parent, guardian or other person having lawful custody or care of that person.

Adult

An adult prisoner is a person who is aged 18 years and over in all states and territories except Victoria and Queensland where an adult prisoner is a person aged 17 years and over. See also paragraph 8 of the Explanatory Notes.

Aggregate sentence

The longest period that the offender may be detained under sentence in the current episode.

Assault

Assault is the direct infliction of force, injury or violence upon a person, including attempts or threats, providing the attempts/threats are in the form of face-to-face direct confrontation and there is reason to believe that the attempts/threats can be immediately enacted.

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 classificatory framework for the comparison of statistics on offences across Australia. It replaces the Australian National Classification of Offences and resulted both from the need to update the existing classification and to address its recognised deficiencies.

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.

Country of birth

This is determined by corrective services agencies from prisoner interviews. Information in this report on country of birth is classified according to the Standard Australian Classification of Countries (SACC) (cat. no. 1269.0). Most corrective services agencies do not yet use SACC in their information systems, so information supplied by these agencies has been derived from data coded to local country of birth classifications.

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 including driving under the influence of alcohol or drugs, dangerous or negligent operation of a vehicle and neglect of person under care.

Deal/traffic illicit drugs (including Import/Export)

This is a prisoner census category which includes the ASOC groups of Import illicit drugs (1011), Export illicit drugs (1012), Deal/traffic in illicit drugs - commercial quantity (1021) and Deal/traffic in illicit drugs - non-commercial quantity (1022).

Deception and related offences

The use of deception, secret agreements or the making of false instruments with the intent of dishonestly obtaining property, services or other advantage.

Driving licence offences

Driving licence offences pertaining to the ownership or use of a driver's licence including, driving while licence is cancelled/suspended or driving without a licence.

Educational attainment

Known highest level of education attained by prisoners at time of reception (see paragraph 56 of Explanatory Notes).

Expected time to serve

The period of imprisonment which a convicted prisoner is expected to serve. In most cases this refers to the time elapsed between the date of reception for this episode and the earliest date of release.

Indigenous prisoners

The Indigenous prisoner count is the total of all prisoners who self identified as Aboriginal or Torres Strait Islanders at the time of reception.

Jurisdiction

The state or territory in which a prisoner is held in custody, regardless of which state or territory has imposed the sentence being served. (see paragraphs 10-11 of Explanatory Notes).

Level of court

A separate tier of the court system, each of which is established under legislation and has certain prescribed powers. Court levels are distinguished from one another on the basis of the extent of their legal powers.

Manufacture/cultivate illicit drugs (inc. Other illicit drug offences)

This is a prisoner census category which includes the ASOC groups of Manufacture/cultivate illicit drugs (1031) and Illicit drug offences, nec (1099).

Maximum-minimum (max-min)

See Type of sentence in this Glossary.

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 including harassment and related offences, public health and safety offences, and commercial/industry/financial regulations.

Most serious charge

For unsentenced prisoners, whether convicted or not, the most serious charge is the charge which carries the longest statutory maximum penalty (see paragraph 55 of Explanatory Notes).

Most serious offence

For sentenced prisoners, the most serious offence is the offence for which the prisoner has received the longest sentence in the current episode for a single count of the offence (see paragraph 54 of Explanatory Notes).

Murder

Murder is the wilful killing of a person either intentionally or with reckless indifference to life.

Non-assaultive sexual offences

Non-assaultative sexual offences are offences of a sexual nature against another person which do not involve physical contact with the person and where that person:

  • does not give consent
  • gives consent as a result of intimidation or fraud
  • is legally deemed incapable of giving consent because of youth, temporary/permanent incapacity or there is a familial relationship.

Other acts intended to cause injury

Acts involving the indirect and non-confrontational infliction of harm, injury or violence upon a person. Acts which, though not intended to cause harm, actually or potentially result in injury to oneself or another person are coded to dangerous or negligent acts endangering persons.

Other homicide

This is a prisoner census category which includes the ASOC groups of Conspiracy to murder (0121), Attempted murder (0122), Manslaughter (0131) and Driving causing death (0132).

Offences against justice procedures, government security and government operations

An act or omission prejudicial to the effective carrying out of justice procedures or any government operations concerned with maintaining government security.

Periodic detainees

Sentenced prisoners who are required to be held in custody for two consecutive days in a one-week period. See also 'Type of sentence - Periodic detention' section of Glossary.

Possess and/or use illicit drugs

The possession of a non-commercial quantity and/or use of an illicit drug or other controlled substance.

Prior imprisonment

Persons known to have been imprisoned under sentence in a gazetted adult prison. Some states and territories may also include episodes on remand as prior imprisonment. Prior sentence of periodic detention is included as prior imprisonment. Prisoners who have had previous adult imprisonment in another state or territory may not be counted as having prior imprisonment.

Prisoner

A person held in custody. For the purposes of this collection, prisoners are those whose confinement is the responsibility of a corrective services agency.

Property damage and environmental pollution

The wilful and unlawful destruction, damage or defacement of public or private property, or the pollution of property/definable entity held in common by the community.

Public order offences

Offences involving personal conduct that involves or may lead to:
  • a breach of public order and decency
  • is indicative of criminal intent
  • is otherwise regulated or prohibited on moral or ethical grounds.

The 'victim' of these offences is the public at large. However, some offences such as offensive language and offensive behaviour may occur in a private place.

Receiving or handling proceeds of crime

Receiving, handling or processing money or goods, taken or obtained illegally.

Regulatory driving offences (including Pedestrian offences)

This is a prisoner census category which includes the ASOC groups of Exceeding the prescribed content of alcohol limit (0431), Exceeding legal speed limit (1432), Parking offences (1433), Regulatory driving offences nec (1439) and Pedestrian offences (1441).

Remand prisoners (remandees)

Remand prisoners are those persons who have been placed in custody while awaiting the outcome of their court hearing. They may be unconvicted (remanded in custody for trial), convicted but awaiting sentence (remanded in custody for sentence) or awaiting deportation. Some sentenced prisoners also have active remand warrants against them. In such cases, these prisoners are counted as sentenced.

Road vehicle registration and roadworthiness offences

Offences relating to the registration or roadworthiness of the road vehicle itself rather than the manner in which the vehicle is being driven.

Robbery

Robbery offences involve the unlawful taking of property, with intent to permanently deprive the owner of the property, from the immediate possession, control, custody or care of a person, accompanied by the use, and/or threatened use of immediate force or violence.

Sentenced prisoners

Sentenced prisoners are those persons who have received a term of imprisonment from a court. This includes offenders who have been given an indeterminate sentence or custodial order, for example, persons detained under the 'Governor's/Queen's Pleasure' and 'Forensic Patients', or those who have received a life sentence. Also included are persons sentenced to part-time imprisonment, that is, periodic detainees in New South Wales and the Australian Capital Territory.

Sexual assault

Sexual assault is a physical assault of a sexual nature, directed toward another person where that person:
  • does not give consent
  • gives consent as a result of intimidation or fraud
  • is legally deemed incapable of giving consent because of youth, temporary/permanent incapacity or there is a familial relationship.

Special school

A school which provides special instruction for physically and/or mentally disabled or impaired students, or those with social problems (see Appendix 1).

Theft (including motor vehicle)

This is a prisoner census category which includes the ASOC groups of: Theft of a motor vehicle (0811), Illegal use of a motor vehicle (0812), Theft of motor vehicle parts or contents (0813), Theft from a person (excluding force) (0821), Theft of intellectual property (0822), Theft from retail premises (0823), Theft (except motor vehicle) nec (0829) and Illegal use of property (except motor vehicle) (0841).

Time on remand

For unsentenced prisoners, time on remand is calculated as the period between the date of reception and the prisoner census date. It represents only that period of time spent on remand up to 30 June of the reference year.

Type of sentence

The classification of sentence types used in this report is as follows:

Indeterminate - life.

Persons sentenced to life imprisonment. This does not necessarily mean, however, that the person will be held in custody for the term of their natural life. In some states or territories a minimum time to serve in custody is specified by the court, while in others this decision is made by an administrative body such as a Parole Board.

Indeterminate - other.

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. That is, the prisoner may be released at any time, at the discretion of the administrative body within each jurisdiction responsible for making that decision.

Life with minimum.

Persons sentenced to life imprisonment, where a minimum time to serve in custody has been specified by the court.

Maximum-minimum (or max-min).

Sentences where a person may be eligible to be released on parole after serving a minimum term in custody, and who must be released once a maximum term has been served.

Fixed term.

Sentences where there is no minimum term or non-parole period set. The prisoner is required to serve the whole sentence, less any remission allowed, in custody and when released from custody is not subject to any further correctional intervention. The situation in Tasmania differs in that while no minimum term or non-parole period is set by the court, it is understood that the prisoner will usually be released on parole at a time determined by the Parole Board.

Periodic detention.

A sentencing option which at the time of the 30 June 2002 National Prisoner Census was available only to New South Wales and Australian Capital Territory courts. Persons given periodic detention are in custody for two consecutive days in a week (periodic detainee week), and remain at liberty during the rest of the week.

Fine default only.

Persons who are serving a sentence for non-payment of a fine and are subject to no other sentence type at the time. Offenders who are serving fine default sentences while on remand are counted as sentenced (fine default) prisoners. Offenders who are serving fine default sentences concurrently with other sentences of imprisonment are counted under the other sentence type and not as fine default only prisoners.

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. Includes burglary, break and enter and stealing. Excludes shoplifting and stealing from a house or premise to which the offender has been invited or has legitimate access whereby the intent was unlawful but the entry was not. Also excludes trespass whereby entry is unlawful but there is no intent to commit an offence.

Unsentenced prisoners

A legal status indicating that a person is confined to custody on remand while awaiting the outcome of their trial. They may be unconvicted (remanded in custody for trial), convicted but awaiting sentence (remanded in custody for sentence) or awaiting deportation.

Weapons and explosives offences

Offences relating to weapons or explosives which are either prohibited or legalised/regulated by legislation.