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.
Federal Defendants, Australia
Latest release
Statistics about defendants with federal offences dealt with by criminal courts including demographic, offence, outcome and sentence information.
Reference period
2023-24 financial year
Released
1/05/2025
Key statistics
- 8,723 federal defendants finalised in 2023–24, down 6%
- Harassment and threatening behaviour remained the most common principal federal offence (57%)
- Most judgements resulted in a guilty outcome (93%)
- Around one third of those with a guilty outcome received a fine (30%) and a further 18% were sentenced to custody in a correctional institution
Impact of COVID-19
Federal defendants in Australian courts
This publication presents data related to defendants charged with an offence against Commonwealth (federal) legislation, who were finalised in an Australian criminal court in 2023–24. The data is a subset of the Criminal Courts, Australia collection.
Data presented are based on the Australian and New Zealand Standard Offence Classification (ANZSOC), 2011.
There were 8,723 federal defendants finalised in 2023–24, a decrease of 6% (509) from the previous year. This represented 2% of total defendants finalised (515,460) in Australia’s state and territory criminal courts over the same period, as reported in Criminal Courts, Australia, 2023–24.
The median age of federal defendants was 37.7 years, and males accounted for more than three-quarters (78%) of defendants.
Principal federal offence
In 2023–24, the most common principal federal offences were:
- Harassment and threatening behaviour (57% or 4,996 defendants), such as nuisance phone calls or sending threatening messages
- Offences against government operations (7% or 653 defendants), such as failure to vote or taxation offences
- Obtain benefit by deception (6% or 509 defendants), such as identity fraud
The proportion of defendants with offences against government operations is substantially lower than the peak in 2014–15, when this accounted for 39% (5,174) of federal defendants. Similarly, the proportion of defendants charged with obtaining benefit by deception has declined from a high of 29% (2,963) in 2010–11.
(a) Principal offence data prior to 2018–19 are based on the method of finalisation and the National Offence Index only. Data from 2018–19 onwards include sentence type and length/amount. Refer to Methodology, Principal federal offence section.
(b) Includes ANZSOC 2011 Divisions 1–2, 4, 6–8, 10–14 and 16, Sub-division 030–031, 050–052, 090, 092–099, 150–153, 155–156 and defendants for whom a principal offence could not be determined.
Court outcomes
In 2023–24, of the federal defendants whose charges resulted in a court judgement, most (93% or 5,975) had a guilty outcome. For these defendants:
- 30% (1,776) received a fine as their principal sentence
- 25% (1,517) were sentenced to a good behaviour bond
- 18% (1,099) were sentenced to custody in a correctional institution
The proportion of defendants receiving a fine decreased from 41% in 2010–11 to 30% in 2023–24, and custody in a correctional institution increased from 13% to 18%.
(a) A new sentence classification was introduced for 2022–23. Data for the new classification was mapped from the old classification for the years prior to 2022–23.
(b) Data may be impacted by changes to the management of infringement notices across some states and territories from 2014–15.
Harassment and threatening behaviour
The proportion of defendants of harassment and threatening behaviour increased from 17% (1,716) of federal defendants in 2010–11 to 57% (4,996) in 2023–24.
In 2023–24, of the federal defendants of harassment and threatening behaviour:
- 80% (3,979) were male
- The median age was 37.3 years
- Almost all (99.8% or 4,986) were classified to ‘communications’ , indicating the offence occurred online or by phone
Of the defendants of harassment and threatening behaviour with a court judgement, 93% (3,416) had a guilty outcome. For these defendants:
- 32% (1,106) were sentenced to a good behaviour order
- 26% (882) received a fine
- 11% (366) were sentenced to custody in correctional institution
Data downloads
Data cubes
Refer to "Guide to finding data in the Federal Defendants tables, 2023–24" for a list of data items available within each data cube.
Data files
Guide to finding data in the Federal Defendants tables, 2023-24.xlsx
1. Federal defendants, Australia (Tables 1 to 5).xlsx
2. Federal defendants, Federal Offence Group, Australia (Tables 6 to 9).xlsx
Methodology
Scope
Defendants (persons or organisations) charged against Commonwealth legislation with a case finalised in criminal courts during the financial year 2023–24. 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 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
- Offences coded to the ANZSOC 2011 and the Federal offence groups.
- Court outcomes coded to the Method of finalisation classification.
- Penalties coded to the Sentence type classification 2023.
History of changes
Not applicable to this release.