Criminal Courts, Australia

The COVID-19 pandemic resulted in restrictions that affected the volume of defendants finalised in the Criminal Courts over recent years. This context should be considered when comparing Criminal Courts data for 2023–24 to earlier years. In addition, courts continued to resolve backlogs created or compounded by restrictions during the peak COVID-19 period.

In 2023–24, there was a total of 515,460 defendants finalised across all Criminal Courts in Australia, a decrease of 3% (18,511) from the previous year. Of these defendants:

• The median age of defendants was 35 years, reflecting a slow but steady increase over the past decade
• The majority of defendants (75% or 384,097) were male, with the proportion greater in the Higher Courts (87% or 13,989)
• Youth defendants aged 10 to 17 years accounted for 5% (23,419)
• The median case duration was 9 weeks, with most judgements resulting in a guilty outcome (97% or 447,122)

In 2023–24, the most common principal offences were:

• Traffic and vehicle regulatory offences – 34% or 176,007 defendants
• Acts intended to cause injury (mostly assault) – 16% or 83,082 defendants
• Offences against justice (such as breach of violence orders) – 10% or 49,890 defendants
• Theft – 8% or 43,551 defendants
• Illicit drug offences – 7% or 38,039 defendants

Between 2022–23 and 2023–24, the number of defendants decreased across most principal offence divisions, with the greatest declines for:

• Illicit drug offences, down 9% (3,901 defendants)
• Traffic and vehicle regulatory offences, down 7% (13,082 defendants)

There has been an overall decline in illicit drug offences in Criminal Courts since 2018–19 when there were 58,883 defendants facing such charges. Since this time, counts for all illicit drug offence subdivisions have decreased, mainly due to a drop in possession or use offences, down 34% (12,864 defendants).

Of the defendants whose charges resulted in a court judgement, most (97% or 447,122) had a guilty outcome. Of these defendants:

• Over half (52% or 233,954) received a fine as their principal sentence, with a median amount of $500
• 11% (49,927) were sentenced to a good behaviour order
• One in ten (10% or 44,016) were sentenced to custody in a correctional institution
• The median length of custody in a correctional institution was 8 months

Almost all (99%) of those receiving a court judgement on illicit drug charges had a guilty outcome. Of these guilty defendants, over half (55% or 19,407 defendants) received a fine as their principal sentence, with a median amount of $400. A further 12% (4,246) were sentenced to a good behaviour order, and 9% (3,145) to custody in a correctional institution.

From 2022–23 to 2023–24, the number of defendants identifying as Aboriginal and Torres Strait Islander increased across each of the selected states and territories:

• Tasmania, up 16% (190)
• Australian Capital Territory, up 14% (39)
• New South Wales, up 4% (966)
• South Australia, up 4% (225)
• Northern Territory, up 2% (128)
• Queensland, up 1% (338)

The majority of Aboriginal and Torres Strait Islander defendants were male (at least 69% across each of the selected states and territories for which Indigenous status is available).

Acts intended to cause injury (mostly assault) was the most common principal offence for Aboriginal and Torres Strait Islander defendants across most states and territories, ranging from 31% in Tasmania to 45% in the Northern Territory.

In Queensland, the most common principal offence for Aboriginal and Torres Strait Islander defendants was offences against justice (22%).

The majority of Aboriginal and Torres Strait Islander defendants receiving a court judgement had a guilty outcome, ranging from 76% in Tasmania to 99% in Queensland. For these defendants:

• A sentence of custody in a correctional institution was more common in the Northern Territory (67%), South Australia (43%) and the Australian Capital Territory (38%)
• In Tasmania, the most common sentences were custody in a correctional institution (26%) or a fine (26%)
• For New South Wales, the most common sentence was a moderate penalty in the community (27%)
• For Queensland, the most common sentence was a fine (30%)

There were 23,419 youth defendants aged 10–17 years finalised in all Criminal Courts in 2023–24, representing a 1% increase from the previous year. These youth defendants:

• Accounted for 5% of total defendants nationally
• Had a median age of 16 years
• Almost three-quarters (73% or 17,113) were male
• Despite an increase in recent years, the number of youths in court remained lower than a decade ago

For youth defendants, the most common principal offences were:

• Acts intended to cause injury – 25% or 5,882 defendants
• Theft – 20% or 4,594
• Unlawful entry with intent – 15% or 3,513

Theft increased from 2022–23, up by 12% (499 defendants).

For youth defendants whose charge resulted in a court judgement, most (93% or 18,028) had a guilty outcome, including where this was an ‘agreement of wrongdoing’ rather than a legal finding of guilt. Of these defendants:

• 24% (4,354) received a nominal penalty, such as a caution, discharge or dismissal, or where court fees were the only costs imposed
• At least 23% (4,115) were required to attend a conference or diversion program
• 18% (3,332) were sentenced to a moderate penalty in the community, with conditions such as low intensity supervision and treatment programs
• 14% (2,573) were sentenced to a good behaviour order
• 5% (828) were sentenced to juvenile detention

In 2023–24, conference or diversion programs were undertaken by:

• Around a third of youth defendants who had a guilty outcome for a principal offence of theft (32% or 1,161)
• A quarter of those with a guilty outcome for assault (26% or 972)
• A substantial proportion (43%) of very young defendants aged 10 to 12 years old
• A slightly higher proportion of female youth defendants (26%) than male (22%)

In 2023–24, there were 99,841 defendants nationally with at least one FDV-related offence. Of these defendants:

• Four in five were male (80% or 79,715 defendants)
• The median age of defendants was 36 years
• Most of those receiving a court judgement had a guilty outcome (93% or 77,293)
• One in five (21%) defendants guilty of an FDV-related offence were sentenced to custody in a correctional institution

In 2023–24, the most common principal offences for FDV defendants were:

• Assault – 41% or 40,523 defendants
• Breach of violence order – 40% or 39,555 defendants
• Stalking, harassment and threatening behaviour – 10% or 9,919 defendants
• Property damage – 7% or 7,017 defendants

Of the 82,755 FDV defendants receiving a court judgement, most (93% or 77,293) had a guilty outcome. For these defendants:

• A fine was the most common principal sentence (24% or 18,477)
• 21% (15,888) were sentenced to custody in a correctional institution
• 19% (14,340) were sentenced to a moderate penalty in the community
• 17% (13,440) were sentenced to a good behaviour order

There were 36,666 defendants with at least one FDV offence in New South Wales courts in 2023–24. The most common principal offence was assault (48% or 17,744 defendants), and three-quarters of FDV defendants were male (76% or 27,968).

The majority of defendants who received a court judgement had a guilty outcome (87% or 26,474). Of these guilty defendants:

• 33% (8,746) were sentenced to a moderate penalty in the community
• 24% (6,431) were sentenced to a good behaviour order
• 14% (3,584) were sentenced to custody in a correctional institution

There were 19,106 defendants with at least one FDV offence in Victorian courts in 2023–24. The most common principal offence was assault (42% or 8,120 defendants), and most FDV defendants were male (81% or 15,486).

Almost all defendants who received a court judgement had a guilty outcome (99% or 14,566). Of these guilty defendants:

• 31% (4,561) were sentenced to a good behaviour order
• 23% (3,411) received a fine
• 19% (2,779) received nominal and other penalties (such as forfeiture of property or a conference or diversion program)

There were 23,691 defendants with at least one FDV offence in Queensland courts in 2023–24. The most common principal offence was a breach of violence order (71% or 16,847 defendants), and most FDV defendants were male (82% or 19,492).

Almost all defendants who received a court judgement had a guilty outcome (99% or 21,149). Of these guilty defendants:

• 30% (6,315) received a fine
• 28% (5,851) were sentenced to custody in a correctional institution
• 17% (3,623) were sentenced to a moderate penalty in the community

There were 4,307 defendants with at least one FDV offence in South Australian courts in 2023–24. The most common principal offence was assault (65% or 2,818 defendants), and most FDV defendants were male (86% or 3,685).

Almost all defendants who received a court judgement had a guilty outcome (98% or 1,757). Of these guilty defendants:

• 46% (811) were sentenced to custody in a correctional institution
• 20% (350) were sentenced to a good behaviour order
• 9% (161) received nominal and other penalties (such as forfeiture of property or a conference or diversion program)

There were 9,343 defendants with at least one FDV offence in Western Australian courts in 2023–24. The most common principal offence was a breach of violence order (49% or 4,551 defendants), and most FDV defendants were male (82% or 7,616).

The majority of defendants who received a court judgement had a guilty outcome (96% or 7,926). Of these guilty defendants:

• 58% (4,586) received a fine
• 12% (929) were sentenced to a moderate penalty in the community
• 10% (828) were sentenced to custody in a correctional institution

There were 1,812 defendants with at least one FDV offence in Tasmanian courts in 2023–24. The most common principal offence was assault (47% or 859 defendants), and most FDV defendants were male (81% or 1,472).

The majority of defendants who received a court judgement had a guilty outcome (74% or 1,341). Of these guilty defendants:

• 28% (370) received a fine
• 26% (347) were sentenced to custody in a correctional institution
• 22% (301) were sentenced to a good behaviour order

There were 4,094 defendants with at least one FDV offence in Northern Territory courts in 2023–24. The most common principal offence was assault (59% or 2,429 defendants), and most FDV defendants were male (82% or 3,344).

Almost all defendants who received a court judgement had a guilty outcome (98% or 3,551). Of these guilty defendants:

• 72% (2,545) were sentenced to custody in a correctional institution
• 8% (278) were sentenced to a good behaviour order
• 6% (226) received a fine

There were 823 defendants with at least one FDV offence in Australian Capital Territory courts in 2023–24. The most common principal offence was assault (58% or 479 defendants), and most FDV defendants were male (81% or 664).

The majority of defendants who received a court judgement had a guilty outcome (74% or 525). Of these guilty defendants:

• 44% (233) were sentenced to a good behaviour order
• 23% (120) were sentenced to custody in a correctional institution
• 12% (61) received a fully suspended sentence of imprisonment

In 2023–24, there were 56,309 defendants in court for breaching an FDV-related violence order.

Most of these defendants were male (82% or 46,279) and the median age was 36 years.

The majority of defendants who received a court judgement had a guilty outcome (97% or 48,841). Of these guilty defendants:

• 29% (14,212) received a fine
• 22% (10,798) were sentenced to custody in a correctional institution
• 17% (8,082) were sentenced to a moderate penalty in the community

This release previously used catalogue number 4513.0.