National statistics about defendants dealt with by criminal courts including demographic, offence, outcome and sentence information Show
Key statistics
The COVID-19 pandemic resulted in restrictions in some states and territories that affected the volume of defendants that could be finalised in the Criminal Courts in 2020–21. This context should be considered when interpreting the Criminal Courts data for the 2020–21 and 2019–20 reference periods, and when comparing to earlier years. Offences relating to COVID-19 legislation are reported under ANZSOC subdivisions 154 Offences against government operations and 162 Public health and safety offences. The number of these defendants is small as most offences were managed outside the criminal courts system, for example through state fines agencies. Data on offenders against COVID-19 legislation is available in the Recorded Crime – Offenders publication. This section presents information about defendants finalised in Australian state and territory Criminal Courts between 1 July 2020 and 30 June 2021. Note that values exclude defendants who were finalised by transfer between court levels. This is to reduce double-counting, as in most cases transferred defendants are subsequently finalised (for example through adjudication, sentencing or withdrawal) at the court level at which they are transferred to. There were 508,748 defendants finalised, an 8% increase from 2019–20, but fewer defendants than in previous years. Most defendants (468,349 or 92%) were finalised in the Magistrates’ Courts, a 9% increase since 2019–20. In addition:
Defendant characteristicsThree-quarters of defendants were male (75%, 382,715) and 24% were female (119,972). Less than one per cent of defendants were organisations (3,808). These proportions are consistent with previous years. The mean age of defendants remained stable at 35 years and the median age stable at 33 years. There were 2,242 defendants finalised per 100,000 persons (aged 10 years and over). Method of finalisationOf the 463,448 defendants finalised who had charges adjudicated:
A further 43,717 defendants had their matters withdrawn by the prosecution. Principal offenceThe three most common categories of principal offence were:
These offence types also had the largest increases in the number of defendants from 2019–20. Principal sentenceMost defendants received a non-custodial principal sentence (383,885, 85% of defendants with a guilty outcome), of which 250,999 received fines. Fifteen per cent of defendants with a guilty outcome (65,441) received a custodial sentence, most commonly custody in a correctional institution (43,017). Time series data shows a decrease in the number of non-custodial sentences in 2019–20, followed by a partial return to the existing trend, while the number of defendants with custodial sentences has remained relatively stable. This may have been related to COVID-19 restrictions, with some courts prioritising defendants on remand and those with more serious offences (more likely to result in a custodial order) during times of reduced criminal courts operations. In the Higher Courts specifically, where the most serious offences are heard, 90% of defendants with a guilty outcome received a custodial sentence (11,436 defendants), mostly custody in a correctional institution (9,294). In the Children’s Courts, 9% of defendants with a guilty outcome (1,792) received a custodial sentence, with 982 sentenced to custody in a correctional institution. There has been a downward trend since 2010–11, in the number of defendants in the Children’s Courts sentenced to custody in a correctional institution. This section presents data on the Indigenous status of defendants finalised in the criminal courts of New South Wales, Queensland, South Australia and the Northern Territory. The data from these states and territory were of sufficient quality and met the ABS standard for national reporting in 2020–21. Defendants proceeded against for traffic offences often do not have Indigenous status information recorded, therefore defendants with a principal offence of Dangerous or negligent operation of a vehicle or Traffic and vehicle regulatory offences are excluded from the following statistics. Summary characteristicsThe proportion of defendants who identified as Aboriginal and Torres Strait Islander in 2020–21 was:
The median age for Aboriginal and Torres Strait Islander defendants ranged from 28 years to 32 years across these states and territory. Principal offenceActs intended to cause injury (largely assault) was the most common principal offence for Aboriginal and Torres Strait Islander defendants in:
In Queensland, the most common principal offence for Aboriginal and Torres Strait Islander defendants was Offences against justice (19% or 4,592 defendants). As mentioned, traffic offences are excluded from the data above as Indigenous status is not always collected. Principal sentenceThe proportion of Aboriginal and Torres Strait Islander defendants with an adjudicated guilty outcome was:
Of those with a guilty outcome, the majority were sentenced to a non-custodial order in:
In the Northern Territory, the most common sentence for Aboriginal and Torres Strait Islander defendants was a custodial sentence, with 60% of Aboriginal and Torres Strait Islander defendants with a guilty outcome sentenced to custody in a correctional institution (2,753). There were 159,010 defendants finalised in New South Wales, more defendants than any other jurisdiction, comprising 31% of all defendants finalised nationally. Method of finalisationOf the 149,305 defendants finalised who had charges adjudicated:
A further 9,429 defendants had their matters withdrawn by the prosecution. Defendant characteristics
Principal offenceNearly seven in ten (69%) defendants finalised had one of the following principal offences:
Principal sentence and sentence lengthOf the 142,263 defendants with a guilty outcome, most were sentenced to a non-custodial order (122,722 or 86%). For defendants with a guilty outcome sentenced to a non-custodial order:
For the 14% (19,538) of defendants with a guilty outcome sentenced to a custodial order:
There were 77,100 defendants finalised in Victoria, comprising 15% of defendants finalised nationally. Method of finalisationOf the 67,681 defendants finalised who had charges adjudicated:
A further 9,408 defendants had their matters withdrawn by the prosecution. Defendant characteristicsFor the 77,100 defendants finalised:
Principal offenceSixty per cent of defendants finalised had one of the following principal offences:
Principal sentence and sentence lengthOf the 67,418 defendants with a guilty outcome, most (90%, 60,415) were sentenced to a non-custodial order. For defendants with a guilty outcome sentenced to a non-custodial order:
For the 10% (7,006) of defendants with a guilty outcome sentenced to a custodial order:
There were 143,374 defendants finalised in Queensland, comprising 28% of all defendants finalised nationally. Method of finalisationOf the 130,370 defendants finalised who had charges adjudicated:
A further 12,748 defendants had their matters withdrawn by the prosecution.
Defendant characteristicsFor the 143,374 defendants finalised:
Principal offenceMore than half (56%) of defendants finalised had one of the following principal offences:
Principal sentence and sentence lengthOf the 129,030 defendants with a guilty outcome, most (85% or 109,445 defendants) were sentenced to a non-custodial order. For defendants with a guilty outcome sentenced to a non-custodial order:
For the 15% (19,586) of defendants with a guilty outcome sentenced to a custodial order:
There were 32,030 defendants finalised in South Australia, comprising 6% of all defendants finalised nationally. Method of finalisationOf the 23,459 defendants finalised who had charges adjudicated:
A further 8,201 defendants had their matters withdrawn by the prosecution. Defendant characteristicsFor the 32,030 defendants finalised:
Principal offenceMore than half (58%) of defendants finalised had one of the following principal offences:
Principal sentence and sentence lengthOf the 22,971 defendants with a guilty outcome, most (74% or 17,093 defendants) were sentenced to a non-custodial order. For defendants with a guilty outcome sentenced to a non-custodial order:
For the 26% (5,881) of defendants with a guilty outcome sentenced to a custodial order:
There were 70,784 defendants finalised in Western Australia, comprising 14% of all defendants finalised nationally. Method of finalisationOf the 67,712 defendants finalised who had charges adjudicated:
A further 2,455 defendants had their matters withdrawn by the prosecution. Defendant characteristicsFor the 70,784 defendants finalised:
Principal offenceSixty eight per cent of defendants finalised had one of the following principal offences:
Principal sentence and sentence lengthOf the 66,915 defendants with a guilty outcome, most (90% or 60,126) were sentenced to a non-custodial order. For defendants with a guilty outcome sentenced to a non-custodial order:
For the 10% (6,783) of defendants with a guilty outcome sentenced to a custodial order:
There were 10,897 defendants finalised in Tasmania, comprising 2% of all defendants finalised nationally. Method of finalisationOf the 10,757 defendants finalised who had charges adjudicated:
A further 111 defendants had their matters withdrawn by the prosecution. Defendant characteristicsFor the 10,897 defendants finalised:
Principal offenceNearly two thirds (63%) of defendants finalised had one of the following principal offences:
Principal sentence and sentence lengthOf the 8,623 defendants with a guilty outcome, most (77% or 6,627 defendants) were sentenced to a non-custodial order. For defendants with a guilty outcome sentenced to a non-custodial order:
For the 23% (1,951) of defendants with a guilty outcome sentenced to a custodial order:
There were 9,910 defendants finalised in the Northern Territory, comprising 2% of defendants finalised nationally.
Method of finalisationOf the 8,905 defendants finalised with charges adjudicated:
A further 1,006 defendants had their matters withdrawn by the prosecution. Defendant characteristicsFor the 9,910 defendants finalised:
Principal offenceMore than two thirds (69%) of the defendants finalised had one of the following principal offences:
Principal sentence and sentence lengthOf the 8,652 defendants with a guilty outcome, 53% (4,603) were sentenced to a non-custodial order. For defendants with a guilty outcome sentenced to a non-custodial order:
For the 47% (4,029) of defendants with a guilty outcome sentenced to a custodial order:
There were 5,637 defendants finalised in the Australian Capital Territory, comprising 1% of defendants finalised nationally. Method of finalisationOf the 5,258 defendants finalised with charges adjudicated:
A further 361 defendants had their matters withdrawn by the prosecution. Defendant characteristicsFor the 5,637 defendants finalised:
Principal offenceMore than three quarters (76%) of the defendants finalised had one of the following principal offences:
Principal sentence and sentence lengthOf the 3,516 defendants with a guilty outcome, 81% (2,848) were sentenced to a non-custodial order. For defendants with a guilty outcome sentenced to a non-custodial order:
For the 19% (667) of defendants with a guilty outcome sentenced to a custodial order:
These experimental family and domestic violence (FDV) statistics include all defendants finalised during 2020–21 who had at least one FDV-related offence, noting that these defendants may have also been finalised for other non-FDV offences during the period. 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. This release is the second time national FDV data has been published and hence the first year that time-series data are available. It should be noted that both the 2019–20 and 2020–21 datasets were impacted by the COVID-19 pandemic and hence changes may reflect these impacts rather than, for example, crime rates or sentencing changes. For more information on how defendants and offences in each state and territory are identified or classified as ‘FDV’, including how information is recorded by police and transferred to the courts, refer to Methodology. FDV defendants finalisedIn 2020–21, there were 77,545 defendants finalised with at least one FDV-related offence¹. Most of these defendants were finalised in the Magistrates’ Court (94% of FDV defendants finalised), with 3% finalised in the Higher Courts and 3% in the Children’s Court. Defendant characteristicsEighty-two per cent of FDV defendants were male (63,296 defendants) and 18% were female (14,211). The median age remained stable at 34 years. Method of finalisationOf the 67,248 defendants finalised with charges adjudicated:
A further 10,106 had their matters withdrawn by the prosecution. Principal offenceTwo principal offence types comprised the vast majority of FDV cases:
There were 1,543 FDV defendants (2%) with a principal offence of Sexual assault and related offences, and 90 (less than one per cent) with a principal offence of Homicide – including murder, attempted murder, manslaughter and driving causing death. Principal sentence and sentence lengthOf the 62,853 FDV defendants with a guilty outcome:
New South WalesOf the 28,822 FDV defendants adjudicated with at least one FDV offence¹ in New South Wales:
A further 4,077 defendants finalised had their charges withdrawn by the prosecution. The majority of the 32,995 FDV defendants finalised:
Of the 25,675 FDV defendants with a guilty outcome:
VictoriaOf the 10,357 FDV defendants adjudicated with at least one FDV offence¹ in Victoria:
A further 1,933 defendants finalised had their charges withdrawn by the prosecution. The majority of the 12,293 FDV defendants finalised:
Of the 10,318 FDV defendants with a guilty outcome:
QueenslandOf the 16,733 FDV defendants adjudicated with at least one FDV offence¹ in Queensland:
A further 1,655 defendants finalised had their charges withdrawn by the prosecution. The majority of the 18,436 FDV defendants finalised:
Of the 16,511 FDV defendants with a guilty outcome:
South AustraliaOf the 1,197 FDV defendants adjudicated with at least one FDV offence¹ in South Australia:
A further 1,527 defendants finalised had their charges withdrawn by the prosecution. The majority of the 2,731 FDV defendants finalised:
Of the 1,170 FDV defendants with a guilty outcome:
Western AustraliaOf the 4,754 FDV defendants adjudicated with at least one FDV offence¹ in Western Australia:
A further 501 defendants finalised had their charges withdrawn by the prosecution. The majority of the 5,282 FDV defendants finalised:
Of the 4,526 FDV defendants with a guilty outcome:
Tasmania
Of the 1,787 FDV defendants adjudicated with at least one FDV offence¹ in Tasmania:
A further 25 defendants finalised had their charges withdrawn by the prosecution. The majority of the 1,821 FDV defendants finalised:
Of the 1,274 FDV defendants with a guilty outcome:
Northern TerritoryOf the 3,055 FDV defendants adjudicated with at least one FDV offence¹ in the Northern Territory:
A further 316 defendants finalised had their charges withdrawn by the prosecution. The majority of the 3,371 FDV defendants finalised:
Of the 2,944 FDV defendants with a guilty outcome:
Australian Capital TerritoryOf the 543 FDV defendants adjudicated with at least one FDV offence¹ in the Australian Capital Territory:
A further 72 defendants finalised had their charges withdrawn by the prosecution. The majority of the 616 FDV defendants finalised:
Of the 435 FDV defendants with a guilty outcome:
FDV Breach of violence order offencesDuring 2020–21, there were 43,294 defendants finalised with at least one FDV-related breach of violence order offence, regardless of whether the breach offence was the most serious FDV-related offence for the defendant. A breach of violence order was the principal FDV offence for 30,654 of these defendants (71%), with the remainder having at least one more serious FDV offence finalised at the same time. Footnotes1. FDV offences include: ANZSOC Divisions 01 Homicide and related offences, 02 Acts intended to cause injury, 03 Sexual assault and related offences and 05 Abduction/harassment; Sub-divisions 049 Other dangerous or negligent acts and 121 Property damage; and Group 1531 Breach of violence order. Previous catalogue numberThis release previously used catalogue number 4513.0. Data files
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