Federal Defendants, Australia methodology

Latest release
Reference period
2024-25 financial year
Release date and time
30/04/2026 11:30am AEST

Overview

Scope

Defendants (persons or organisations) charged against Commonwealth legislation whose case was finalised in criminal courts during the financial year 2024–25. Each case separately finalised is counted, excluding court level transfers unless specified.

Geography

Data are available for states and territories, and Australia.

Source

Administrative data is supplied to the ABS by courts administration agencies or statistical agencies in each state and territory.

Collection method

Administrative data for all finalised criminal court federal defendants in the Higher (Supreme and District/County courts), Magistrates’ and Children’s Courts are collected annually at the completion of each financial year. 

Concepts, sources and methods

History of changes

Principal offence is based on ANZSOC 2023 from 202324. Principal offence for prior years has been concorded from the original ANZSOC 2011 value. 

Data collection

Scope and Coverage

The Federal Defendants, Australia, 2024–25 publication presents information about defendants (persons or organisations) charged with an offence against Commonwealth legislation, whose case was finalised within the criminal jurisdictions of the Higher (Supreme and District/County Courts), Magistrates' or Children's courts between 1 July 2024 and 30 June 2025. Information is presented about the offences, outcomes and sentences associated with these defendants. 

Defendants whose cases relate only to offences under state or territory legislation are not in scope of this release, but are included in Criminal Courts, Australia.

Charges against Commonwealth legislation can be prosecuted by:

  • State and territory police agencies
  • The Australian Federal Police
  • The Commonwealth Director of Public Prosecutions
  • State Directors of Public Prosecutions
  • The Australian Securities and Investments Commission
  • The Australian Tax Office
  • Other (generally Commonwealth) authorities.

The following are excluded from the scope of the Federal Defendants collection:

  • Federal offences based on national laws enacted under state and territory legislation (excluded from 2016–17 onwards)
  • the Australian Road Rules and associated state and territory enacting legislation.

Defendants finalised on Cocos (Keeling) Islands and Christmas Island are included in the counts for Western Australia, where applicable. Defendants finalised in Jervis Bay Territory and Norfolk Island are not included.

Data Source

Statistics presented in this publication are compiled based on administrative unit record data supplied to the ABS by the agencies responsible for courts administration in each state and territory, except for Queensland (where data are supplied by the Office of the Government Statistician), and New South Wales (where data are supplied by the Bureau of Crime Statistics and Research).

To ensure consistency between the states and territories, these agencies provide data coded to national classifications and standards. For more information refer to classifications under ‘Data release’.

Data processing

Counting methodology

The counting unit for this collection is the finalised defendant of a federal offence.

A finalised defendant is a person or organisation for whom all charges within a case have been formally completed so that they cease to be an active item of work for the court during the reference period. Federal offences are charges against Commonwealth legislation.

The Federal Defendants collection does not count unique persons, instead the following rules are applied:

  • Where a defendant is finalised for more than one case on the same date and in the same court level, their records are merged, and they are counted as one finalised defendant
  • Where a defendant is finalised for more than one case on separate dates within the reference period, they will be counted once for each date they were finalised
  • Where a defendant is finalised in the Magistrates' Courts whilst other charges are committed to, and finalised in the Higher Courts, they will be counted once for each court level they were finalised in during the reference period

Transfers

The following counting rules apply with regards to defendants transferred from, or between court levels:

  • Defendants transferred from one Higher Court level to another Higher Court level (for example from a County Court to Supreme Court) are considered as finalised only once (from the level they finally left)
  • Defendants transferred from a Magistrates' or Children’s Court to a Higher Court (or vice versa) are considered as finalised twice (once in each of the courts)
  • Defendants transferred from the Magistrates' or Children's Courts to Specialist Courts for finalisation (e.g. Drug Courts) are considered finalised (by transfer) in the criminal court that initiated the transfer. Defendants may then, upon completion of the program, return to the court that requested the transfer, for an additional finalisation.

Transfers are excluded from defendant counts in most tables to avoid double-counting of defendants who were transferred and subsequently adjudicated in a different court level. Excluding transfers enables a more accurate representation of defendant characteristics, particularly for more serious offences where transfers to a Higher Court are more common.

Data Items

Defendants who were finalised for more than one offence will have counting rules applied to determine their principal method of finalisation, offence, sentence type and other characteristics for inclusion in data tables.

Age

The age presented in the Federal Defendants data refers to the age (in years) of defendants at the time of case finalisation. It is not the age at which the defendant committed the offence. A person can only be charged with a criminal offence if they are aged 10 years or over.

Sex

The categories used for defendant sex are: male, female, organisations, other and unknown. The number of defendants in the category of ‘other’ is currently not published due to small numbers and inconsistent use, though these defendants are included within the total.

Court levels

Data are reported at three court levels: Higher Courts, Magistrates’ Courts and Children’s Courts.

In this publication, the Higher Courts comprises the Supreme and Intermediate Courts. All states and territories have a Supreme Court that deals with the most serious criminal matters, generally referred to as indictable offences (e.g. serious sexual offences or drug trafficking). New South Wales, Victoria, Queensland, South Australia and Western Australia also have an intermediate level of court, known as the District Court or County Court, which deal with most serious offences. All defendants that are dealt with by the Higher Courts have an automatic entitlement to a trial before a judge and jury. In some states and territories, the defendant may elect to have their matter(s) heard before a judge alone. Children treated as adults by the court may be included in the Higher Courts defendant counts.

The lowest level of Criminal Court is the Magistrates’ Court (also known as the Court of Summary Jurisdiction, Local Court or Court of Petty Sessions) which hears most criminal cases. Cases heard in the Magistrates’ Courts do not involve a jury; instead, a magistrate determines whether the defendant is guilty or not guilty. Children treated as adults by the courts may also be finalised in the Magistrates' Courts.

Each state and territory have Children's Courts to deal with offences alleged to have been committed by a child or juvenile. These courts mainly hear summary proceedings but do have the power to hear indictable offences in some states and territories. Defendants are considered to be a child by the courts if aged under 18 years at the time they committed an offence. Prior to February 2018, defendants in Queensland were considered to be a child only where they were aged under 17 years.

Method of finalisation

Method of finalisation refers to how a charge is concluded by a criminal court. For defendants who had multiple charges with varying outcomes, the method of finalisation is assigned based on the following order of precedence:

  • Not guilty by reason of mental illness/condition
  • Defendant deceased
  • Unfit to plead
  • Guilty finding by court
  • Guilty outcome n.f.d.
  • Guilty plea by defendant
  • Guilty ex parte (Magistrates’ Courts and Children’s Court only)
  • Agreement of wrongdoing
  • Acquitted by the court
  • Charge not proven n.f.d.
  • No case to answer at committal (Magistrates’ Courts and Children’s Court only)
  • Charge unproven n.e.c.
  • Committed for trial (Magistrates’ Courts and Children’s Court only)
  • Committed for sentence
  • Transfer of charges between court levels
  • Transfer to a non-court agency
  • Withdrawn by prosecution
  • Other non-adjudicated finalisation n.e.c.
  • Unknown/not stated

Principal federal offence

Principal federal offence refers to the most serious offence (based on ANZSOC 2023) associated with a finalised defendant. For defendants finalised with a single federal offence type, this is their principal federal offence.

Where a defendant has multiple charges, their principal offence is determined using a multi-step process. The first is to code the outcome for each offence to a method of finalisation group ranked as follows:

  • Defendant deceased, unfit to plead, or not guilty by reason of mental illness
  • Charges with a guilty outcome
  • Charges not proven
  • Transfer of charges to other court levels
  • Charges withdrawn
  • Other non-adjudicated finalisation
  • Unknown/not stated

The charge with the highest ranked method of finalisation group is allocated as the principal federal offence.

If there are multiple charges with the same method of finalisation group, the offence with the most serious sentence (based on the Sentence type classification 2023) is allocated as the principal federal offence. If multiple charges received the same sentence type, the offence with the greatest sentence length/amount is allocated as the principal federal offence.

The National Offence Index (NOI), which ranks offences according to perceived seriousness, is used to select the principal federal offence where there are multiple charges and they have the same method of finalisation group, sentence type and sentence length/amount.

For example, for a federal defendant with guilty outcomes for child abuse material offences receiving a three-month sentence to custody in a correctional institution, and illegal import of drugs receiving a nine-month sentence to custody in a correctional institution, their principal offence would be illegal import of drugs. This is different from the methodology used in 201718 and prior years, where the derivation was based on the method of finalisation and NOI only, which would result in a principal federal offence of child abuse material offences. Any charges for the same defendant withdrawn or not proven would not be considered.

Principal federal sentence

A sentence is a penalty or order imposed by a court upon a defendant who has a guilty outcome for a federal criminal offence. 

Defendants can receive:

  • A single sentence for a single offence with a guilty outcome
  • A single sentence for multiple offences with guilty outcomes
  • Multiple sentences for a single offence with a guilty outcome
  • Multiple sentences for multiple offences with guilty outcomes

Federal defendants with more than one sentence type (for either a single offence or multiple offences) are assigned a principal sentence, which is intended to reflect the most serious sentence based on the hierarchy of the Sentence type classification 2023

Compound (or ‘complex’) sentences can be broadly defined as sentences served in the community that include various components or conditions, such as program attendance, community work, drug or alcohol treatment, counselling and education. These sentences are becoming increasingly common across states and territories due to their flexibility, with judges/magistrates able to tailor a sentence to suit the circumstances of an offender and their offending, whilst providing for both restitution and rehabilitation.

The Sentence type classification 2023 has been designed to reflect the severity of compound sentences, and improve comparability of sentences within and across states and territories. The components or conditions imposed within each compound sentence are considered when coding to the classification, so that sentences of a similar nature and level of severity are categorised together, regardless of the label of the order. 

From 2022–23 data has been coded according to this approach, and historical data for the years prior were approximated to the new classification. The application of the new classification has, for several jurisdictions, resulted in changes to the coding of some sentence orders. Refer to Data comparability – State and territory notes for more detail. 

Duration

Duration is a measure of court timeliness. It represents the time taken (in days) between the date a defendant’s case(s) was initiated in court (through committal or registration) and the date they ceased to be an item of work for the court as follows:

Duration = (Date of finalisation – Date of initiation) + 1

Revisions

Minor refinements to the preliminary ANZSOC 2023 offence coding for 202324 resulted in some changes in defendant counts across Divisions. 

Data release

Classifications

Classifications provide a framework for organising and presenting data in a comparable and consistent manner. The key classifications used for this collection are:

Federal offence groups

The Federal offence groups presented in this collection provide an alternate way (to the ANZSOC) of grouping federal offences, based on offence types that are of particular interest to users of federal defendants data.

The federal offence groups are not a formal ABS standard nor related to ANZSOC, and may comprise offences that reside in different ANZSOC divisions. For the definitions of groups and the Commonwealth Acts, sections and ANZSOC categories contained within each group refer to the Federal offence groups.

The federal offence groups are largely based on the Commonwealth Act the defendant was charged under, with the exception of offences against the Criminal Code Act 1995, Crimes Act 1914, Migration Act 1958, Competition and Consumer Act 2010 and Corporations (Aboriginal and Torres Strait Islander) Act 2006 which are assigned using both Act and Section level information. The groups are subject to regular review, following changes to federal legislation or emerging user needs.

A principal federal offence group is assigned by selecting a defendant’s principal offence (as outlined in Principal federal offence) and then using the underlying legislation to select the corresponding federal offence group. For a small number of defendants, where there is more than one federal offence group associated with the defendant's highest ranking ANZSOC offence, the following secondary hierarchy (of federal offence categories) is applied to select the principal federal offence group:

  • Human trafficking, slavery and sexual offences
  • Child sexual abuse offences
  • Drugs
  • Terrorism
  • International
  • Commonwealth officials
  • Justice
  • Social Security
  • Fraud
  • Migration
  • Defence
  • Proceeds of Crime
  • Illegal Fishing
  • Financial
  • Import/Export Offences
  • Communications
  • Maritime
  • Environment
  • People Smuggling
  • Tax
  • Security
  • Commonwealth property
  • Transport
  • Aviation
  • Other
  • Illegal use/importation of weapons

From 2021–22, the category ‘Terrorism’ was expanded to include international terrorism or foreign incursion offences, advocating for terrorism, offences relating to control or preventative detention orders, and failure to provide information relating to terrorist acts which were either new offences or were previously coded to federal offence groups of ‘Security’, ‘Justice’, or ‘International’. For more information on the Acts included refer to the Federal offence groups.

Prior to 2019–20, the category 'Commonwealth sexual offences' included sexual offences against a minor. These offences have since been included in the ‘Child sexual abuse offences’ category, which was an expansion and re-labelling of the previous ‘Child sexual exploitation offences’ category. Subsequently, in 2021–22, the federal offence category ‘Commonwealth sexual offences’ was relabelled ‘Human trafficking, slavery and sexual offences’ to better reflect the remaining content.

Method of finalisation

Method of finalisation refers to how a criminal charge is concluded by a criminal court. The Method of Finalisation Classification contains the main categories of:

  • Adjudicated finalisation: a charge has received a judgement or decision by the court as to whether or not the defendant is guilty
  • Non-adjudicated finalisation: a charge considered to have been completed even though a judgement has not been handed down by the court (e.g. withdrawn by prosecution, defendant deceased, unfit to plead, or transfers to non-court agencies)
  • Transfers to other court levels: a court order for the charge to be transferred to another court level for adjudication or sentencing.

Sentence type

The Sentence Type Classification 2023 describes the types of sentences that are handed down by the court for offences with a guilty outcome, and includes the main categories of:

  • Custody in a correctional institution
  • Intensive penalty in the community
  • Fully suspended sentence of imprisonment
  • Community service/work
  • Moderate penalty in the community
  • Monetary orders (largely fines)
  • Good behaviour (incl. bonds)
  • Nominal and other penalties.

The previous Sentence Type Classification was used for releases prior to 2022–23. However, earlier data has been transitioned to the new classification structure where possible, to provide time series comparability. 

In some cases, defendants with a method of finalisation of 'Not guilty by reason of mental illness/condition' may have a type of order imposed. However, these sentences are not published for this collection.

Confidentiality

The Census and Statistics Act 1905 provides the authority for the ABS to collect statistical information, and requires that statistical output shall not be published or disseminated in a manner that is likely to enable the identification of a particular person or organisation. To minimise the risk of identifying individuals in aggregate statistics, perturbation has been applied to all data presented in this publication, to randomly adjust cell values and summary variables. This technique involves small, random adjustment of the statistics and is considered the most satisfactory technique for avoiding the release of identifiable statistics while maximising the range of information that can be released. These adjustments have a negligible impact on the underlying pattern of the statistics.

The result of perturbation is that a given published cell value will be consistent across all tables, but the sum of the components of a total will not necessarily be the same as the published total. As such, proportions may add to more or less than 100%. Readers are advised to use the published totals rather than deriving totals based on the sum of component cells. Cells with small values may be proportionally more affected by perturbation than large values. Users are advised against conducting analyses and drawing conclusions based on small values.

Data comparability

State and territory notes

Every state and territory has their own courts systems that operate under state and territory laws, determined by state and territory governments, that are largely independent of each other.

National standards and classifications are used to produce nationally comparable data. However, various factors can impact data quality and comparability, including:

  • Data systems being designed for the purpose of administration of court business (as opposed to national statistical purposes)
  • Modification to data systems and methodology used to extract/compile data
  • Refinements to data quality procedures
  • Legislative or operational differences (such as differences in the types of sentencing options available to the courts)

The Federal Defendants collection presents a subset of all defendants finalised in Australia's criminal courts, as published in Criminal Courts, Australia. However, a federal defendant may also be finalised for state or territory offences in the same reference period, so the difference between all defendants and federal defendants does not equal the count of defendants with state/territory offences.

The data in this publication may not be comparable to data published in other national and state/territory publications due to differing scope and counting rules.

The following information highlights events or processes unique to a state or territory that may have impacted on the data for the Federal Defendants collection. Where a state or territory is not listed below, there are no specific notes for that state or territory for this release. For other issues specific to a state or territory that have impacted on the Criminal Courts collection more generally, refer to ‘State and territory specific information’ in the Methodology of Criminal Courts, Australia.

New South Wales

Queensland

South Australia

Western Australia

Tasmania

Northern Territory

Australian Capital Territory

Transition to ANZSOC 2023 data

During 2022–23, the ABS conducted a review of the Australian and New Zealand Standard Offence Classification. The review was designed to modernise the language, reflect changes that have occurred in criminal legislation, and respond to emerging user requirements for further detail in some areas. The Australian and New Zealand Standard Offence Classification (ANZSOC), 2023 was released in November 2023.

From the ANZSOC 2011 to 2023 versions, there has been the introduction of new groups and subdivisions and an additional division, changes in the scope of existing categories, and expanded coding advice to support consistency.

The courts administration agencies or statistical agencies in each state and territory have subsequently implemented the new classification into their systems, updating the coding for each offence type in their jurisdiction. Some states and territories also identified improvements in existing coding, which resulted in additional changes in counts.

The associated National Offence Index (NOI), which ranks each ANZSOC 2023 group according to perceived seriousness, was also updated in April 2024 to align. The new rankings were incorporated into the derivation of the preliminary ANZSOC 2023 principal offence data. Where defendants had more than one offence in the same case, this may have contributed to changes in their derived principal offence.

Concordances are available that show the detailed relationship between the ANZSOC 2011 and ANZSOC 2023 editions of the classification. These concordances are provided in the Downloads section of Australian and New Zealand Standard Offence Classification (ANZSOC), 2023.

Prior to 2023–24, principal offence data was coded to ANZSOC 2011, and historical data in this release has been concorded to an ANZSOC 2023 principal offence value. This has been presented in time series tables to provide a relatively comparable output. However, the concorded data should be used with caution as this was not re-coded and re-processed at the unit record level so changes in the NOI, and any coding adjustments by states and territories, were not incorporated.

To apply the concordances to ANZSOC 2011 data in 2022–23 and prior years, the following approach was used:

  • ANZSOC 2011 Groups with a 1:1 concordance, were coded to their respective ANZSOC 2023 Group. Changes in specific inclusions within groups could not be re-coded
  • ANZSOC 2011 Groups split across more than one ANZSOC 2023 Group within the same Subdivision were coded to that Subdivision n.f.d
  • ANZSOC 2011 Groups split across more than one ANZSOC 2023 Group and Subdivision but within the same Division, were coded to that Division n.f.d
  • ANZSOC 2011 Groups split across multiple ANZSOC 2023 Groups, Subdivisions and Divisions, were coded to the Division expected to receive the greatest proportion of defendants.

Australian and New Zealand Standard Offence Classification (ANZSOC) 2023

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Federal offence group

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Method of finalisation classification

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Sentence type classification

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Glossary

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