4515.0 - Federal Defendants, Australia, 2011-12 
Quality Declaration
Quality Declaration ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 16/05/2013
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GLOSSARY
Acts intended to cause injury Acts, excluding attempted murder and those resulting in death, which are intended to cause non-fatal injury or harm to another person and where there is no sexual or acquisitive element. This is ANZSOC Division 02 which includes the following Subdivisions: Assault (021) and Other acts intended to cause injury (029). Adjudicated finalisation A method of finalisation based on a judgement or decision by the court as to whether or not the defendant is guilty of the charge(s) laid against them. It corresponds to category 1 in the Method of Finalisation classification. Adjudicated outcomes include:
Age A defendant's age is the time elapsed (in years) between a defendant's date of birth and the date of finalisation. Assault The direct (and immediate/confrontational) infliction of force, injury or violence upon a person or persons or the direct (and immediate/confrontational) threat of force, injury or violence where there is an apprehension that the threat could be enacted. This is ANZSOC Subdivision 021 which includes the following Groups: Serious assault resulting in injury (0211), Serious assault not resulting in injury (0212) and Common assault (0213). Australian and New Zealand Standard Offence Classification (ANZSOC) The third edition of the Australian and New Zealand Standard Offence Classification (ANZSOC) has been developed for use within Australia and in New Zealand for the production and analysis of crime and justice statistics. It replaces the second edition of the Australian Standard Offence Classification (ASOC) and incorporates a title change from ASOC to ANZSOC and corrects some minor typographical errors only. The classification content and structure, which was updated in the second edition of ASOC following a review of the first edition of ASOC released in 1997, remains unchanged. The revised title ANZSOC reflects the international use of the framework to classify criminal behaviour and highlights the collaborative work occurring between Australia and New Zealand. The title change from ASOC to ANZSOC is also in accordance with the agreed policy between the ABS and Statistics New Zealand to harmonise classifications where possible. This edition of ANZSOC is used to classify offence data in this publication. The Australian and New Zealand Standard Offence Classification (2011) (cat no. 1234.0) is available from the ABS website <https://www.abs.gov.au>. Aviation A federal offence group. It includes offences impacting on the operation of aviation and airports throughout Australia. This group has been affected by the revision of the federal offence groups between 2010-11 and 2011-12. Bribery involving government officials The offering, giving or accepting of a bribe involving a government official whilst exercising his/her official authority. This is ANZSOC Group 1542. Case One or more defendants against whom one or more charge(s) have been laid and which are heard together by a court as one unit of work. The charge(s) usually relate to the same criminal incident. Charge An allegation laid before a court by the police, Director of Public Prosecutions or other prosecuting agency that a person or organisation has committed a criminal offence. Charge proven See Proven guilty. Charge unproven See Acquitted. Child pornography offences The production, possession, distribution or display of pornographic or abusive material of a child under the age of consent in written, photographic, film, video, digital or other format. This is ANZSOC Group 0322. Child sexual exploitation offences A federal offence group. It includes offences of a sexual nature involving children, such as child pornography and non-assaultive offences against children. This group is new for 2011-12. Offences in this category were previously counted under Commonwealth sexual offences. Children's Court The Children's Court is primarily a Court of Summary Jurisdiction, to hear and determine criminal charges against persons generally aged less than 18 years. The Children's Court may also determine some minor indictable offences and conduct committal proceedings in relation to young people who have been charged with major indictable offences. Commercial/industry/financial regulation Breaches of regulations designed to protect an industrial, commercial or financial activity, comprising acts that are harmful to persons, or acquisitive or deceptive, and that are not directed at health and safety and pollution control (i.e. they cannot be appropriately placed elsewhere). This is ANZSOC Group 1631. Commonwealth officials A federal offence group. It includes offences such as bribing, threatening, harming or impersonating Commonwealth officials. Offences against foreign officials are also counted here. Commonwealth property A federal offence group. It includes offences that relate to theft of, and burglary of or on, Commonwealth property. It also includes other federal offences committed on Commonwealth property. Commonwealth sexual offences A federal offence group. It includes offences of a sexual nature such as sex tourism and sexual slavery. This group has been affected by the revision of the federal offence groups between 2010-11 and 2011-12. Some offences previously included here are now counted under Child sexual exploitation offences. Communications A federal offence group. It includes offences relating to the use of computers and other telecommunications and the use of the postal service. It also includes offences that use these channels in the carriage of the crime, such as threatening others via the Internet. This group has been affected by the revision of the federal offence groups between 2010-11 and 2011-12. Community supervision or work orders Sentences imposed on a defendant requiring a person to perform work within the community or report to a person nominated by the court (e.g. a corrections officer). These are non-custodial orders and include:
Court level This indicates the level of the court in which a defendant's case is heard. Court levels can be distinguished from one another on the basis of the extent of their legal powers (see Jurisdiction). Court levels include Court of Summary Jurisdiction (Magistrates' Court in this publication) and Intermediate Court and Supreme Court (Higher Courts in this publication). The names assigned to each of these court levels varies across Australia. Court of Summary Jurisdiction A lower court level (also referred to as Magistrates' Court, Local Court or Court of Petty Sessions) which deals with relatively less serious charges and has the most limited legal powers of all the state and territory court levels. A Court of Summary Jurisdiction is presided over by a magistrate and has jurisdiction to try and sentence matters relating to summary offences. Under some circumstances, this court level may also deal with less serious indictable offences known as 'minor indictable' or 'triable either way' offences. Courts of Summary Jurisdiction are also responsible for conducting preliminary (committal) hearings for indictable offences. Custodial orders Sentences imposed on a defendant requiring a person to have restricted liberty for a specified period of time either through detainment in an institution/home or being subject to regular supervision while residing in the community. These sentences include:
Custody in a correctional institution Sentences imposed on a defendant requiring a person to be detained within a facility built especially for the purpose of incarceration. This is a custodial order and includes:
Custody in the community Sentences imposed on a defendant requiring a person to have restricted liberty for a specified period of time while living within the community. This is a custodial order and includes:
Dangerous or negligent acts endangering persons Dangerous or negligent acts which, though not intended to cause harm, actually or potentially result in injury to oneself or another person. This is ANZSOC Division 04, which includes the following Subdivisions: Dangerous or negligent operation of a vehicle (041) and Other dangerous or negligent acts endangering persons (049). Date of finalisation The date on which all charges laid against a defendant within one case are regarded as formally completed by a particular court level and the defendant ceases to be an active unit of work to be dealt with by that court level. Date of initiation Date of initiation represents either the date of committal or the date of registration depending on the process of entry into that level of court. For defendants who are committed from a Magistrates' Court to a Higher Court, date of committal is used for the date of initiation. For defendants who have any other method of initiation, including direct presentment to a Higher Court by ex-officio, date of registration for that court level is used as the date of initiation. Where there are multiple dates of initiation for charges for a defendant, the earliest date is used. Defence A federal offence group. It includes offences breaching defence force legislation. Offences against and within the defence force are included. This group is new for 2011-12. Offences in this category were previously counted under 'Other'. Defendant A person or organisation against whom one or more criminal charges have been laid and which are heard together as one unit of work by a court level. District Court See Intermediate Court. Drugs A federal offence group. It includes offences such as the importation, manufacture, supply and use of drugs and other substances and the misrepresentation of drug products. This group has been affected by the revision of the federal offence groups between 2010-11 and 2011-12. Duration The time elapsed between the earliest date of initiation and the latest date of finalisation for a defendant that has been finalised. Environmental A federal offence group. It includes offences related to environmental protection, wildlife conservation and the harming of protected sites. This group has been renamed for 2011-12 and was previously called Wildlife smuggling. New offences have been included in this group. Federal defendant A finalised defendant in the criminal courts who has been charged with at least one Commonwealth legislative offence. Federal offence group A broad categorisation of federal offences, developed in collaboration with the Australian Attorney-General's Department (AGD). The federal offence groups do not relate to ANZSOC. Rather, they are amalgamations of Commonwealth Acts/Sections. See Appendix 5 for a concordance of federal offences groups and the associated Commonwealth Acts/Sections. Federal offence group n.e.c. Federal offence types not elsewhere classified. It includes offences against Commonwealth Acts/Sections that have not been classified to a specific federal offence grouping. See Appendix 5. Finalised defendant A person or organisation for whom all charges relating to the one case have been formally completed so that the defendant ceases to be an item of work to be dealt with by the court. Financial A federal offence group. It includes offences related to the improper handling of finance, such as bankruptcy, money laundering and the improper use of public money. This group has been affected by the revision of the federal offence groups between 2010-11 and 2011-12. Fraud A federal offence group. It includes fraud offences related to insurance, social security, superannuation, tax and trademarks. This group has been affected by the revision of the federal offence groups between 2010-11 and 2011-12. Fraud, deception and related offences Offences involving a dishonest act or omission carried out with the purpose of deceiving to obtain benefit. This is ANZSOC Division 09 which includes the following Subdivisions: Obtain benefit by deception (091); Forgery and counterfeiting (092); Deceptive business/government practices (093); and Other fraud and deception offences (099). Fully suspended sentence A custodial order which provides that all of the sentence not be served, subject to the person being of good behaviour for the length of the sentence. Fully suspended sentences that have added conditions other than good behaviour are not included. Good behaviour bond A non-custodial sentence that imposes an obligation, with or without sureties, on a defendant. The order aims to secure the performance of some act by the person bound by the undertaking. Recognisance orders are included in this sentence category. Guilty ex-parte This is a method of finalisation in the Magistrates' and Children's Courts. It is when the court adjudicates charge(s) and the charge(s) are proven either: (i) where the defendant pleaded guilty and the charges are proven in his/her absence, or (ii) the defendant failed to appear and the charge(s) were proven on the basis of the evidence presented. It corresponds to category 113 in the Method of Finalisation classification. Guilty finding This is a method of finalisation where the court finds the charge has been proven and the case was not heard ex-parte. It corresponds to category 111 in the Method of Finalisation classification. Guilty plea by defendant This is a method of finalisation where the defendant pleads guilty to charge(s) and the case was not heard ex-parte. It corresponds to category 112 in the Method of Finalisation classification. Harassment and private nuisance Actions that harass or are intended to harass an individual, not amounting to an assault, sexual assault, stalking, blackmail or extortion. This is ANZSOC Group 0531. Higher Court The criminal jurisdiction of an Intermediate Court or Supreme Court. Homicide and related offences Unlawfully kill, attempt to unlawfully kill or conspiracy to kill another person. This is ANZSOC Division 01 which includes the following Subdivisions: Murder (011), Attempted murder (012), and Manslaughter and driving causing death (013). Illegal fishing A federal offence group. It includes offences related to unlawful fishing in Australian waters, such as fishing without a licence and fishing by foreign vessels. This group has been affected by the revision of the federal offence groups between 2010-11 and 2011-12. Illegal use/importation of weapons A federal offence group. It includes offences related to the illegal use or removal of firearms, other weapons and explosives. Illicit drug offences The possessing, selling, dealing or trafficking, importing or exporting, manufacturing or cultivation of drugs or other substances prohibited under legislation. This is ANZSOC Division 10 which includes the following Subdivisions: Import or export illicit drugs (101), Deal or traffic in illicit drugs (102), Manufacture or cultivate illicit drugs (103), Possess and/or use illicit drugs (104) and Other illicit drug offences (109). Immigration offences Offences involving illegal entry, people smuggling across international borders, or the failure to comply with immigration visa conditions, including undertaking employment when not permitted, or overstaying exit date. This is ANZSOC Group 1543. Import/export offences A federal offence group. It includes breaches against the Quarantine Act 1908. This group is new for 2011-12. Offences in this category were previously counted under 'Other'. Import or export illicit drugs Actions resulting or intended to result in either the importation of illicit drugs or controlled substances into Australia, or the exportation of illicit drugs or controlled substances from Australia. This is ANZSOC Subdivision 0101. Imprisonment See Custody in a correctional institution. Imprisonment with determined term A custodial order requiring a person to be detained for a specified period of time within a facility built especially for the purpose of incarceration. It corresponds to code 1121 in the Sentence Type classification. Imprisonment with partially suspended term A custodial order requiring a person to be detained for part of the specified period of time within a facility built especially for the purpose of incarceration, subject to the person being of good behaviour. It corresponds to code 1122 in the Sentence Type classification. Indictable offence A serious criminal offence as defined by specific Commonwealth, state or territory legislation. Charges relating to indictable offences generally require a trial and/or sentence hearing in a Higher Court. Under some circumstances, a defendant can elect to have these charges dealt with in a Court of Summary Jurisdiction. Intermediate Court A Higher Court (known either as the District Court or County Court) which has legal powers between those of the Court of Summary Jurisdiction and the Supreme Court and deals with the majority of cases involving serious criminal offences. An Intermediate Court is presided over by a judge, and has original jurisdiction to hear trial and sentence matters relating to most indictable offences. Note: Tasmania, the Northern Territory and the Australian Capital Territory do not have an Intermediate Court and all indictable offences are heard in the Supreme Court. International A federal offence group. It includes offences initiated overseas or relate to foreign persons such as harming Australians overseas, war crimes and the transfer of prisoners across borders. Jurisdiction The legal power or authority which may be exercised by a particular court level and within which the judgements or orders of the court can be enforced or executed. The criminal jurisdiction of a court includes the original jurisdiction. Each court level has its own defined jurisdictional limits and these vary across states and territories. Justice offences A federal offence group. It includes offences related to breach of justice orders, escaping from custody, escaping from immigration detention, and subverting the course of justice. This group has been affected by the revision of the federal offence groups between 2010-11 and 2011-12. Juvenile detention with determined term A custodial order requiring a person to be detained in a juvenile facility for all of the specified period of time. It corresponds to code 1141 in the Sentence Type classification. Juvenile detention with partially suspended term A custodial order requiring a person to be detained in a juvenile facility for part of the specified period of time, subject to the person being of good behaviour for the length of the order. It corresponds to code 1142 in the Sentence Type classification. Life and indeterminate imprisonment The most serious sentence of imprisonment. It corresponds to code 1110 in the Sentence Type classification. Life – This does not necessarily mean that the person will be held in custody for the term of his/her natural life. In some states or territories a minimum time to serve in custody is specified by the court, while in others an administrative body such as a Parole Board makes this decision. Indeterminate – Persons declared as habitual criminals, persons who are either permanently or temporarily deemed not responsible for their actions because of a mental disorder or intellectual disability and prisoners who are sentenced to imprisonment but have not had a release date set. The prisoner may be released, at any time, at the discretion of the administrative body within each jurisdiction responsible for making that decision. Local Court See Court of Summary Jurisdiction. Magistrates' Court Where used in this publication, the term 'Magistrates' Court' includes the adult criminal Magistrates' Court and the Court of Petty Sessions and New South Wales Local Court. Other Courts of Summary Jurisdiction, such as Children's Courts, Electronic Courts and Drug Courts, are excluded. See Court of Summary Jurisdiction for further information. Maritime A federal offence group. It includes offences occurring in or affecting Australia's maritime environment, excluding illegal fishing. This group is new for 2011-12. Offences in this category were previously counted under 'Other'. Method of finalisation The way in which a defendant is completed as an item of business in a particular court level. A defendant is considered finalised when all charges against that defendant have been processed to completion within a court level. There are different methods by which a charge may be finalised and different subsets of finalisation - for example, a guilty plea by defendant is also an adjudicated finalisation. The Method of Finalisation classification is provided at Appendix 2. Migration and people smuggling A federal offence group in place up to and including 2010-11. It included offences related to migration and people smuggling. For 2011-12 this group has been split into two categories - Migration offences and People smuggling. Migration offences A federal offence group. It includes breaches of the Migration Act and Regulations, such as falsely holding a visa and breaking visa conditions. This group previously included people smuggling offences and has been renamed for 2011-12. Minor indictable offence See Triable either way offence. Miscellaneous offences Offences involving the breach of statutory rules or regulations governing activities that are prima facie legal, where such offences are not explicitly dealt with under any other Division of ANZSOC. This is ANZSOC Division 16 which includes the following Subdivisions: Defamation, libel and privacy offences (161), Public health and safety offences (162), Commercial/industry/financial regulation (163) and Other miscellaneous offences (169). Monetary orders A non-custodial sentence that requires the offender to pay a sum of money, usually in the form of a fine or as recompense to victims (includes restitution orders and compensation orders) and other monetary orders, n.e.c. Court levies and fees are not included. National Offence Index The National Offence Index (NOI) is a seriousness ranking of the ANZSOC and is used to determine a principal offence when a defendant has multiple finalised offences across different offence categories, with the same type of finalisation (e.g. proven guilty, acquitted, charges withdrawn). Nominal penalty A non-custodial sentence that provides for the release of a defendant without an order following sentencing. Conditions may or may not be attached. Non-adjudicated finalisation A method of finalisation whereby a charge is considered completed even though a judgement has not been handed down by the court. It corresponds to category 3 in the Method of Finalisation classification and includes:
Non-custodial orders Sentences imposed on a defendant that do not involve being held in custody. This category includes:
Not guilty verdict See Acquitted. Obtain benefit by deception
Offences against government operations An act with the intent of resisting or hindering government officers, or government operations, other than police, justice or government security officers. This is ANZSOC Subdivision 154 which includes the Groups: resist or hinder a government official (excluding police officer, justice official or government security officer) (1541), bribery involving government officials (1542), immigration offences (1543) and offences against government operations, n.e.c. (1549). Offences against government operations n.e.c. Offences against government operations, other than those of a security nature, with the intent of impeding the normal functioning capacity of that operation. Included are offences against government statutory bodies or agencies that operate under specific government regulation. This is ANZSOC Group 1549. Original jurisdiction The power of a court to hear criminal charges and determine whether or not a defendant is proven guilty and/or to sentence defendants where a charge has been proven (refer to Jurisdiction). Other (federal offence) A federal offence group. It includes offences that have not been counted in the other federal offence groups. This group has been affected by the revision of the federal offence groups between 2010-11 and 2011-12. Other non-custodial orders Sentences imposed on a defendant that do not require custody, are not fully suspended, and are not elsewhere classified in the non-custodial orders category of the Sentence Type classification. This includes:
Partially suspended sentence An order of imprisonment requiring a person be detained for part of the specified period of time, subject to the person being of good behaviour for the length of the sentence. People smuggling A federal offence group. It includes offences related to the organised movement of people into Australia illegally. This group is new for 2011-12. Offences in this category were previously counted under Migration and people smuggling. Periodic detention A custodial order imposed on a defendant requiring a person to be in custody for two consecutive days in a week (e.g. weekends) and remain at liberty during the rest of the week. This sentencing option is currently available in the Australian Capital Territory only. Periodic detention ceased being a sentencing option in New South Wales in 2010. Plea The formal statement by, or on behalf of, the defendant in response to a criminal charge that has been laid in a court. The nature of this response indicates whether or not the defendant intends to contest that charge. Principal federal offence The offence category, based on ANZSOC, that describes the most serious offence type associated with a finalised federal defendant. The most serious offence is determined by how the offences were finalised and/or the rankings in the National Offence Index 2009 (see National Offence Index). Principal sentence The main sentence type for a defendant with a proven guilty finalisation. It is based on the hierarchy of the Sentence Type Classification (see Appendix 3). Proceeds of crime A federal offence group. It includes the handling of money or property gained through criminal activity. This group is new for 2011-12. Offences in this category were previously counted under Financial. Prohibited and regulated weapons and explosives offences Offences involving prohibited or regulated weapons and explosives. This is ANZSOC Division 11 which includes the following Subdivisions: Prohibited weapons/explosives offences (111) and Regulated weapons/explosives offences (112). Property damage and environmental pollution The wilful and unlawful destruction, damage or defacement of public or private property, or the pollution of property or a definable entity held in common by the community. For this division, 'destruction' means altering the property in any way so as to render it imperfect or inoperative. This is ANZSOC Division 12 which includes the following Subdivisions: Property damage (121) and Environmental pollution (122). Proven guilty An outcome of criminal proceedings in which a court accepts that a charge is proven through a guilty plea entered by a defendant or the defendant is found guilty by the court. Proven guilty corresponds to Charges proven (category 11) in the Method of Finalisation classification. Public order offences Offences relating to personal conduct that involves, or may lead to, a breach of public order or decency, or that is indicative of criminal intent, or that is otherwise regulated or prohibited on moral or ethical grounds. In general these offences do not involve a specific victim or victims; however some offences, such as offensive language and offensive behaviour, may be directed towards a single victim. This is ANZSOC Division 13 which includes the following Subdivisions: Disorderly conduct (131), Regulated public order offences (132) and Offensive conduct (133). Resist or hinder government official (excluding police officer, justice official or government security officer) An act with the intent of resisting or hindering government officers, other than police officers, justice officials or government security officers, who are carrying out duties under authority of legislation. This is ANZSOC Group 1541. Robbery, extortion and related offences Acts intended to unlawfully gain money, property or other items of value from, or cause detriment to, another person by using the threat of force or any other coercive measure. This is ANZSOC Division 06 which includes the following Subdivisions: Robbery (061) and Blackmail and extortion (062). Security A federal offence group. It includes offences related to the security of Commonwealth property, such as espionage, treason, and domestic terrorism. Sentence A penalty or penalties imposed by a court upon a defendant who is proven guilty of a criminal offence. A sentence can also be called an order. Sexual assault and related offences Acts, or intent of acts, of a sexual nature against another person which are non-consensual or where consent is proscribed. This is ANZSOC Division (03) which includes the following Subdivisions: Sexual assault (031) and Non-assaultive sexual offences (032). Social security A federal offence group. It includes making a false claim or statement in relation to social security benefits. This group is new for 2011-12. Offences in this category were previously counted under Fraud. Summary offence A criminal offence which is regarded as less serious relative to an indictable offence as defined by specific Commonwealth, state or territory legislation (see Indictable offence). Charges relating to summary offences are generally dealt with by a Court of Summary Jurisdiction and do not require a trial by jury in a Higher Court. In some states and territories, a defendant against whom summary charges are laid may be transferred to a Higher Court for sentencing (e.g. if the magistrate wants to impose a penalty which exceeds his/her jurisdictional powers). Supreme Court A Higher Court level which deals with the most serious criminal charges and has the greatest legal powers of all the state and territory court levels. A Supreme Court is presided over by a judge, and has jurisdiction to hear trial and sentence matters relating to all indictable offences. In states which have an Intermediate Court, the Supreme Court is usually reserved to deal with the most serious indictable offences, such as murder. Tax A federal offence group. It includes failure to lodge a tax return or to pay tax, as well as offences related to non-registered tax agents. This group is new for 2011-12. Offences in this category were previously counted under Fraud and 'Other'. Theft and related offences The unlawful taking or obtaining of money or goods, not involving the use of force, threat of force or violence, coercion or deception, with the intent to permanently or temporarily deprive the owner or possessor of the use of the money or goods, or the receiving or handling of money or goods obtained unlawfully. This is ANZSOC Division 08 which includes the following Subdivisions: Motor vehicle theft and related offences (081), Theft (except motor vehicles) (082), Receive or handle proceeds of crime (083) and Illegal use of property (except motor vehicles) (084). Threatening behaviour Declaration of intention to punish or hurt, to injure body, property or reputation, or give warning of intention to inflict harm or revenge, orally via the telephone or taped recordings, using a computer, or in writing. This is ANZSOC Group 0532. Traffic and vehicle regulatory offences Offences relating to vehicles and most forms of traffic, including offences pertaining to the licensing, registration, roadworthiness or use of vehicles, bicycle offences and pedestrian offences. This is ANZSOC Division 14 which includes the following Subdivisions: Driver licence offences (141), Vehicle registration and roadworthiness offences (142), Regulatory driving offences (143) and Pedestrian offences (144). Transfer to non-court agency An outcome of court proceedings whereby the charge(s) have been transferred to a non-court agency. It corresponds to category 35 in the Method of Finalisation classification. Transfer to other court levels A court outcome ordering that a criminal charge be transferred to another court level to be adjudicated and/or sentenced. For all transfers, except those between Higher Court levels, this process is regarded as a method of finalisation for the court level ordering the transfer and a method of initiation for the court level to which the defendant's charge(s) were transferred. Defendants who transfer from one Higher Court level to another will be considered as initiated only once (in the level they first entered) and finalised only once (from the level they finally left). It corresponds to category 2 in the Method of Finalisation classification. Transport A federal offence group. It includes interstate road offences and breaches of railways by-laws. This group is new for 2011-12. Offences in this category were previously counted under 'Other'. Triable either way offence An indictable offence which a defendant can elect to have heard either in a Court of Summary Jurisdiction before a magistrate or in a Higher Court before a judge and jury. Trial The examination of, and decision on, a matter of law or fact by a court. Where a defendant enters a not guilty plea or other defended plea in the committal proceedings, they are committed to a Higher Court for trial. In the Higher Courts, trials are usually conducted before a judge and jury whereby the judge rules on questions of law and the jury is responsible for determining whether or not the defendant is guilty. Some states and territories also allow for a trial before a judge alone in the Higher Courts. Unfit to plead An outcome of court proceedings when it has been determined that a defendant's mental status is such that he/she is unfit to plead in relation to the charge(s) against him/her. For the purposes of this collection, this process is regarded as a non-adjudicated outcome and corresponds to category 33 in the Method of Finalisation classification. Unlawful entry with intent The unlawful entry of a structure with the intent to commit an offence, where the entry is either forced or unforced (ANZSOC Division 7). A structure is defined as a building that is contained by walls and can be secured in some form. This includes, but is not limited to, a dwelling (e.g. house, flat, caravan), office, bank, shop, factory, school and church. This division is not further disaggregated. Wildlife smuggling A federal offence group. This was the name prior to 2011-12 of the federal offence group Environmental. Withdrawn by the prosecution The formal withdrawal of charge(s) by the prosecution (e.g. police, Director of Public Prosecutions, Attorney-General). This includes nolle prosequi and no true bill. Withdrawal of charges allows the prosecution to charge the defendant on the same incident at a later time. This is a non-adjudicated outcome and corresponds to category 34 in the Method of Finalisation classification. Document Selection These documents will be presented in a new window.
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