Criminal Courts, Australia

Latest release

National statistics about defendants dealt with by criminal courts including demographic, offence, outcome and sentence information

Reference period
2022-23 financial year

Key statistics

  • 533,971 defendants finalised in Criminal Courts in 2022–23, up 9% 
  • Traffic and vehicle offences accounted for 35%, followed by acts intended to cause injury (16%)
  • Most judgements resulted in a guilty outcome (97%)
  • Over half of those with a guilty outcome received a fine (53%)
  • 9% were sentenced to custody in correctional institution 

Impact of COVID-19 on data

The COVID-19 pandemic resulted in restrictions that affected the volume of defendants finalised in the Criminal Courts, and this should be considered when comparing the data for 2022–23 to earlier years.  In addition, courts continued to resolve backlogs created or compounded by such restrictions which caused case finalisations to be delayed.

Defendants in Australian Courts

There was a total of 533,971 defendants finalised across all Criminal Court levels in Australia, an increase of 9% (45,035) from the previous year. Of these defendants: 

  • Most had their case heard in the Magistrates’ courts (92%)
  • The majority (75%) were male
  • Youth defendants aged 10 to 17 years accounted for 4%

Principal offence

In 2022–23, the most common principal offences were:

  • Traffic and vehicle regulatory offences – 35% or 189,089 defendants
  • Acts intended to cause injury (mostly assault) – 16% or 84,815 defendants
  • Offences against justice (such as breach of violence or non-violence orders) – 10% or 51,148 defendants
  • Illicit drugs offences – 8% or 41,940 defendants

a) Excludes defendants finalised by transfer to other court levels.  (b) Data may be impacted by changes to the management of infringement notices in some states and territories from 2014–15  (see Methodology, State and territory notes).  (c) Includes defendants with a principal offence in ANZSOC Divisions 01, 03–09, 11–13 and 16 and defendants for whom a principal offence could not be determined.  

Between 2021–22 and 2022–23, the number of defendants increased across all principal offence divisions, except for miscellaneous offences (down 16% or 2,169 defendants) and illicit drugs (down 4% or 1,727 defendants).

There was a 17% increase in defendants of acts intended to cause injury (up 12,082 defendants). This resulted in the highest number of defendants with this offence since 2010–11. 

(a) Excludes defendants finalised by transfer to other court levels.

Court outcomes

Of the defendants whose charges resulted in a court judgement, most (97% or 466,453) had a guilty outcome. Of these defendants:

  • Over half (53% or 249,325) received a fine as their principal sentence
  • 9% (or 43,073) were sentenced to custody in a correctional institution

The proportion of defendants with a guilty outcome for acts intended to cause injury was slightly lower, at 90% (61,860) of those receiving a judgement, with one in five (20%) of these defendants being sentenced to custody in a correctional institution.

Aboriginal and Torres Strait Islander defendants

Data about Aboriginal and Torres Strait Islander defendants is included for selected states and territories meeting ABS standards for inclusion in national reporting.

Defendants with a traffic-related principal offence are excluded, due to the high proportion with Indigenous status not stated.

Data on Aboriginal and Torres Strait Islander defendants should be considered in the context of the broader state or territory population profile, differing age structures and the proportion of defendants with Indigenous status not stated.

Read more in Methodology.

From 2021–22 to 2022–23, increases in the number of Aboriginal and Torres Strait Islander defendants were recorded in:

  • New South Wales, up 33% (5,361)
  • Queensland, up 9% (1,830)
  • Northern Territory, up 17% (846)
  • South Australia, up 8% (369)

Decreases were recorded in:

  • Australian Capital Territory, down 17% (59)
  • Tasmania, down 4% (44)

(a) Excludes transfers to other court levels, organisations and defendants with a principal offence in ANZSOC Sub-division 041 Dangerous or negligent operation of a vehicle and ANZSOC Division 14 Traffic and vehicle regulatory offences (see Methodology, Indigenous status section).

The majority of Aboriginal and Torres Strait Islander defendants were male (at least 70% across each of the selected states and territories for which Indigenous status is available). 

Principal offence

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. 

Queensland was the only state where the most common principal offence for Aboriginal and Torres Strait Islander defendants was offences against justice (24%). 

Court outcomes

The majority of Aboriginal and Torres Strait Islander defendants receiving a judgement had a guilty outcome, ranging from 73% in Tasmania to 99% in Queensland. For these defendants:

  • A sentence of custody in a correctional institution was more common in the Northern Territory (64% of defendants with a guilty outcome), South Australia (42%) and the Australian Capital Territory (40%)
  • For Queensland and Tasmania, the most common sentence was a fine (34% and 31%)
  • For New South Wales the most common sentence was moderate penalty in the community (25%)

Youth defendants

There were 23,254 youth defendants aged 10–17 years finalised in 2022–23. This accounted for 4% of total defendants nationally. The median age of these defendants was 16 years, and almost three-quarters (74%) were male.

Since 2010–11, the number of youth defendants in court has decreased by 35%. The decline has been more pronounced in male youth defendants (down 39%) than females (down 22%).

(a) Youth defendants are aged between 10 and 17 years at the time of finalisation.  (b) Excludes defendants finalised by transfer to other court levels. 

Principal offence

More than half (58%) of youth defendants had one of the following principal offences:

  • Acts intended to cause injury – 25% or 5,856 defendants
  • Theft – 18% or 4,095 defendants
  • Unlawful entry with intent – 16% or 3,631 defendants

Court outcomes

Of the youth defendants whose charges resulted in a court judgement, most (93% or 16,978) had a guilty outcome. Of these defendants, the majority (80%) received a principal sentence of: 

  • Nominal and other penalties (such as drivers licence disqualification and forfeiture of property) – 45% or 7,670 defendants
  • Moderate penalty in the community – 19% or 3,150 defendants
  • Good behaviour order – 16% or 2,711 defendants

A further 4% (761) were sentenced to juvenile detention.

States and territories

New South Wales

There were 170,927 defendants finalised in New South Wales in 2022–23, comprising 32% of defendants nationally.

  • The rate of defendants finalised was 2,310 per 100,000 persons (aged 10 years and over) 
  • The median age of defendants was 36 years
  • Three-quarters (75%) of defendants were male

Principal offence

Between 2021–22 and 2022–23 the number of defendants increased by 14% (20,413). Most of the increase was due to the following principal offences:

  • Acts intended to cause injury, up 26% (7,714)
  • Traffic and vehicle regulatory offences, up 14% (8,271)

Court outcomes

Of defendants whose charges resulted in a court judgement, 95% (149,653) had a guilty outcome.

  • 43% (64,880 defendants) of principal sentences were fines
  • 8% (11,284) were sentenced to custody in a correctional institution
  • 14% (20,719) were sentenced to a moderate penalty in the community

Victoria

There were 112,085 defendants finalised in Victoria in 2022–23, comprising 21% of defendants nationally. The number of defendants finalised increased by 16% from 2021–22, as Victorian courts continued to reduce the pending caseload exacerbated by COVID-19 delays. 

  • The rate of defendants finalised was 1,863 per 100,000 persons (aged 10 years and over) 
  • 3% (3,142) of defendants were youths aged 10 to 17 years
  • The median age of defendants was 36 years
  • Over three-quarters (76%) of defendants were male

Principal offence

The top three principal offences in Victoria were:

  • Traffic and vehicle regulatory offences – 35% or 39,059 defendants
  • Acts intended to cause injury – 16% or 18,324 defendants
  • Offences against justice – 9% or 10,252 defendants

Court outcomes

Of the defendants whose charges resulted in a court judgement, almost all (99.5% or 96,420) had a guilty outcome. Of these defendants:

  • Almost half (49%) of those guilty received a principal sentence of a fine
  • 6,299 (7%) were sentenced to custody in a correctional institution

Queensland

There were 128,672 defendants finalised in Queensland in 2022–23, comprising nearly a quarter (24%) of all defendants nationally. 

  • The rate of defendants finalised was 2,710 per 100,000 persons (aged 10 years and over)
  • The median age of defendants was 33 years
  • Nearly three-quarters (74%) of defendants were male

Principal offence

Between 2021–22 and 2022–23 there was a 5% (5,686) increase in the number of defendants. This was mainly due to increases in:

  • Traffic and vehicle regulatory offences, up 13% (4,497)
  • Offences against justice, up 12% (2,088), mainly due to breach of violence orders which increased 16% (2,025)

Court outcomes

Of the defendants whose charges resulted in a court judgement, almost all (99% or 115,716) had a guilty outcome.  Of these defendants:

  • 59% (or 68,199) received a fine as their principal sentence
  • 12% (13,649) were sentenced to custody in a correctional institution

South Australia

There were 27,716 defendants finalised in South Australia in 2022–23, comprising 5% of the national total.

  • The rate of defendants finalised was 1,695 per 100,000 persons (aged 10 years and over)
  • The median age of defendants was 36 years
  • More than three-quarters (78%) of defendants were male

Principal offence

Between 2021–22 and 2022–23 the number of defendants decreased by 4% (1,119).  Most of the decrease occurred in defendants with a principal offence of:

  • Illicit drug offences, down 24% (561)
  • Theft and related offences, down 10% (253)

Court outcomes

Of the defendants whose charges resulted in a court judgement, 98% had a guilty outcome (19,904).  Of these defendants:

  • 43% (or 8,574) received a fine as their principal sentence
  • 18% (or 3,552) were sentenced to custody in a correctional institution

Western Australia

There were 70,501 defendants finalised in Western Australia in 2022–23, comprising 13% of defendants nationally.

  • There were 2,836 defendants finalised per 100,000 persons (aged 10 years and over)
  • The median age of defendants was 34 years
  • Just under three-quarters (72%) of defendants were male

Principal offence

Between 2021–22 and 2022–23 the number of defendants increased by 9% (5,943).  Most of the increase occurred in defendants with a principal offence of:

  • Traffic and vehicle regulatory offences, up 10% (2,330)
  • Theft and related offences, up 28% (1,347)
  • Public order offences, up 34% (1,128)

Court outcomes

Of defendants whose charges resulted in a court judgement, 99% (65,512) had a guilty outcome:

  • The majority (81% or 52,954) of those guilty received a fine as their principal sentence
  • 5% (or 3,359) were sentenced to custody in a correctional institution

Tasmania

There were 9,957 defendants finalised in Tasmania in 2022–23, comprising 2% of defendants nationally.

  • The rate of defendants was 1,941 per 100,000 persons (aged 10 years and over)
  • The median age of defendants was 34 years
  • Three-quarters (75%) of defendants were male

Principal offence

Between 2021–22 and 2022–23, the number of defendants decreased by 3% (312). Most of the decrease occurred in defendants with principal offence of: 

  • Unlawful entry with intent, down 25% (70)
  • Traffic and vehicle regulatory offences, down 2% (81)
  • Offences against justice, down 8% (78)

Court outcomes

Of the defendants who charges resulted in a court judgement, 83% (8,102) resulted in a guilty outcome. Of these guilty defendants: 

  • The majority (51% or 4,162) received a fine as their principal sentence
  • 10% (825) were sentenced to a correctional institution
  • 12% (937) received a fully suspended sentence

Northern Territory

There were 9,227 defendants finalised in the Northern Territory in 2022–23, comprising 2% of defendants nationally. This was an increase in defendants of 11% from 2021–22.

  • The rate of defendants finalised was 4,240 per 100,000 persons (aged 10 years and over)
  • The median age of defendants was 32 years old
  • Over three-quarters (78%) of defendants were male

Principal offence

The most common principal offences of defendants in Northern Territory courts were:

  • Acts intended to cause injury – 32% or 2,928 defendants
  • Traffic and vehicle regulatory offences – 22% or 2,011 defendants 
  • Offences against justice – 13% or 1,208 defendants

Court outcomes

Of defendants whose charges resulted in a court judgement, almost all (98% or 8,256 defendants) had a guilty outcome. Of these defendants:

  • Almost half (45% or 3,735 defendants) were sentenced to custody in a correctional institution
  • Close to one-third (30%) of those guilty received a principal sentence of a fine

Australian Capital Territory

There were 4,885 defendants finalised in Australian Capital Territory in 2022–23, comprising 1% of defendants nationally.

  • The rate of defendants finalised was 1,192 per 100,000 persons (aged 10 years and over) 
  • The median age of defendants was 35 years
  • Of defendants with their sex recorded, males accounted for 77%

Principal offence

Between 2021–22 and 2022–23, there was a 29% (2,012) decrease in the number of defendants. This was mostly caused by a decline in offences against justice (mainly voting offences), down 90% or 2,159 defendants following a spike in this offence in 2021-22. 

For the remaining defendants, most (57% or 2,764 defendants) had a principal offence of traffic and vehicle regulatory offences.

Court outcomes

Of defendants whose charges resulted in a court judgement, around two-thirds (65% or 2,886) had a guilty outcome. 

For guilty defendants:

  • Over one-third (40% or 1,147) received a fine
  • Over one-quarter (26%, 749) received a good behaviour order 
  • 13% (362) were sentenced to custody in a correctional institution

Experimental family and domestic violence statistics

For these statistics, an FDV-related offence includes: Homicide and related offences, Acts intended to cause injury (such as assault), Sexual assault and related offences, Abduction/harassment, Property damage, Breach of violence order, and Other dangerous or negligent acts.

Charges may be identified as FDV by courts, police, or by the legislation for the offence. Caution should be used when making comparisons across states and territories, as there are differences in definitions as well as other factors.

Read more in Methodology, Family and domestic violence statistics section.

In 2022–23, there were 99,932 defendants nationally with at least one FDV-related offence. Of these defendants:

  • Most (94% or 94,023 defendants) were heard in the Magistrates’ Courts
  • Four in five were male (80% or 80,195 defendants)
  • The median age of defendants was 36 years 

Principal FDV offence

In 2022–23, the most common offences for FDV defendants were:

  • Assault – 41% or 41,379 defendants
  • Breach of violence order – 39% or 38,760
  • Stalking, harassment or threatening behaviour – 10% or 9,885
  • Property damage – 7% or 7,285

(a) Defendants have been determined to be FDV where a selected offence has been assigned a police initiated FDV flag, or courts initiated FDV indicator.  (b) Excludes transfers to other court levels.  (c) FDV offences have been limited to particular person and property offences most commonly associated with FDV. For more information see Methodology, Family and Domestic Violence statistics section.

Court outcomes

Of the 83,603 FDV defendants receiving a court judgement, most (94% or 78,259) had a guilty outcome. For these defendants:

  • A fine was the most common sentence (25% or 19,559)
  • 19% (15,033) were sentenced to custody in a correctional institution
  • 19% (14,872) were sentenced to an order of good behaviour

New South Wales

There were 37,659 defendants with at least one FDV offence in New South Wales courts in 2022–23. The most common principal offence was assault (50% or 18,642 defendants), and most FDV defendants were male (77% or 28,844).

The majority of defendants who received a court judgement had a guilty outcome (87% or 27,469).  Of these guilty defendants:

  • 31% (8,564 defendants) were sentenced to a moderate penalty in the community 
  • 25% (6,994) received orders of good behaviour
  • 14% (3,938) received a fine

Victoria

There were 21,589 defendants with at least one FDV offence in Victorian courts in 2022–23. The most common principal offence was assault (45% or 9,735 defendants), and most FDV defendants were male (81% or 17,593).

Almost all defendants who received a court judgment had a guilty outcome (99% or 17,020). Of these guilty defendants:

  • 32% (5,452 defendants) received orders of good behaviour 
  • 23% (3,981) received a fine
  • 18% (3,136) were sentenced to nominal and other penalties (such as licence disqualification or forfeiture of property)
  • 12% (2,608) were sentenced to custody in a correctional institution

Queensland

There were 22,931 defendants with at least one FDV offence in Queensland courts in 2022–23. The most common principal offence was a breach of violence order (74% or 16,933), and most FDV defendants were male (83% or 18,972).

The majority of defendants who received a court judgement had a guilty outcome (99% or 20,623). Of these guilty defendants:

  • 33% (6,872 defendants) received a fine
  • 25% (5,233) were sentenced to custody in a correctional institution
  • 17% (3,418) were sentenced to a moderate penalty in the community 

South Australia

There were 3,711 defendants with at least one FDV offence in South Australian courts in 2022–23. 

The most common principal offence was assault (68% or 2,526 defendants), and most FDV defendants were male (87% or 3,235). 

The majority of defendants who received a court judgement had a guilty outcome (96% or 1,363 defendants). Of these guilty defendants:

  • 46% (627 defendants) were sentenced to custody in a correctional institution
  • 19% (262) received an order of good behaviour
  • 10% (139) were sentenced to nominal and other penalties (such as licence disqualification or forfeiture of property)

Western Australia

There were 7,999 defendants with at least one FDV offence in Western Australian courts in 2022–23. The most common principal offence was a breach of violence order (50% or 4,015 defendants), and most FDV defendants were male (82% or 6,592). 

The majority of defendants who received a court judgement had a guilty outcome (96% or 6,790). Of these guilty defendants:

  • 59% (4,038 defendants) received a fine
  • 11% (776) were sentenced to a moderate penalty in the community
  • 11% (734) were sentenced to custody in a correctional institution 

​​​​​​​Tasmania

There were 1,582 defendants with at least one FDV offence in Tasmanian courts in 2022–23. The most common principal offence was assault (50% or 798 defendants), and most FDV defendants were male (81% or 1,278).

The majority of defendants who received a court judgement had a guilty outcome (76% or 1,195). Of these guilty defendants:

  • 31% (370 defendants) received a fine
  • 23% (269) were sentenced to an order of good behaviour
  • 22% (265) were sentenced to custody in a correctional institution

Northern Territory

There were 3,704 defendants with at least one FDV offence in Northern Territory courts in 2022–23. The most common principal offence was assault (61% or 2,277 defendants), and most FDV defendants were male (83% or 3,085).

The majority of defendants who received a court judgement had a guilty outcome (98% or 3,329 defendants). Of these guilty defendants:

  • 71% (2,368 defendants) were sentenced to custody in a correctional institution
  • 12% (408) were sentenced to an order of good behaviour
  • 7% (238) received a fine 

Australian Capital Territory

There were 757 defendants with at least one FDV offence in Australian Capital Territory courts in 2022–23. The most common principal offence was assault (56% or 423 defendants), and most FDV defendants were male (79% or 596).

The majority of defendants who received a court judgement had a guilty outcome (78% or 470 defendants). Of these guilty defendants:

  • 40% (186 defendants) were sentenced to an order of good behaviour
  • 23% (109) were sentenced to custody in a correctional institution
  • 12% (57) received a fine 

FDV Breach of violence order offences

This section presents data on all defendants with an FDV-related breach of violence order, regardless of whether this was their most serious (principal) FDV-related offence. 

Read more in Methodology, Family and domestic violence statistics section.

During 2022–23 there were 55,397 defendants in court for breaching an FDV-related violence order. 

Most of these defendants were male (83%) and the median age was 36 years.

The majority (97% or 48,425) of defendants who received a court judgement had a guilty outcome. Of these guilty defendants:

  • 31% (14,792 defendants) received a fine 
  • 21% (10,131) were sentenced to custody in a correctional institution 
  • 16% (7,655) were sentenced to a moderate penalty in the community

Previous catalogue number

This release previously used catalogue number 4513.0.
 

Data downloads

Data relating to sentence length and fine amount (Datacube 13 and table 80) will be released on 3 April 2024. 

Data files

Methodology

Scope

Defendants (persons or organisations) whose case was finalised in criminal courts during the financial year 2022–23. Each case separately finalised will be counted. Tables exclude transfers of cases between court levels, 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 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

  • The Sentence type classification has been updated. This has been applied at a broad level to earlier years (where possible); any issues in consistency have been noted. 
  • A data cube for youth defendants (aged 10 to 17 years) has been introduced.
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