4515.0 - Federal Defendants, Australia, 2015-16 
Quality Declaration
Quality Declaration ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 17/05/2017
Page tools:
 Print Page
 Print All
| ||
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, 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 Adjudicated finalisation (100) in the Method of Finalisation classification. Adjudicated outcomes include those where a defendant has been acquitted or proven guilty (comprising guilty finding by the court, guilty plea and guilty ex-parte) for criminal charges. Age A defendant's age is based on the time elapsed (in years) between a defendant's date of birth and the date of finalisation. All Courts All Courts data refer to the grouping of Higher Courts, Magistrates' Courts and Children's Courts. 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 (cat. no. 1234.0) is also available in Appendix 1. Aviation A Federal Offence Group category. It includes a range of offences impacting on the operation of aviation and airports throughout Australia. 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 that has been 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 not proven See: Acquitted. Charge proven See: Proven guilty. 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 category. It includes child pornography offences and using a carriage service to groom a child to engage in sexual activity. 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 Commonwealth officials A Federal Offence Group category. 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 category. It includes offences that relate to theft, burglary or damage occurring on, or in relation to, commonwealth property. Commonwealth sexual offences A Federal Offence Group category. It includes offences of a sexual nature such as sex trafficking, debt bondage and sexual slavery. Sexual offences against a minor are also counted in this category. Communications A Federal Offence Group category. It includes offences relating to the use of computers, postal service and other telecommunications as channels in the carriage of crime, such as threatening others via the Internet. 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:
It corresponds to code 2100 in the Sentence Type classification. Court level This indicates the level of 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). The names assigned to the various court levels may vary across Australia. The court levels used to output data in this publication are Higher Court (Intermediate and Supreme Court), Magistrates' Court (Court of Summary Jurisdiction) and Children's Court. 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:
It corresponds to category 1000 in the Sentence Type classification. 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:
It corresponds to code 1100 in the Sentence Type classification. 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:
It corresponds to code 1200 in the Sentence Type classification. 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; the date on which 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 category. It includes offences which breach defence force legislation and involve defence force persons or property. Defendant A person or organisation against whom one or more criminal charges have been laid, which are heard together as one unit of work by a court level. District Court See Intermediate Court. Drugs A Federal Offence Group category. It includes offences relating to the import/export, manufacturing, supply, possession and/or use of drugs or other illicit substances as well as the misrepresentation of licit drug products. Duration from initiation to finalisation The time elapsed between the earliest date of initiation and the latest date of finalisation for a defendant that has been finalised. Environment A Federal Offence Group category. It includes offences related to environmental protection, wildlife conservation and the harming of protected species. Environmental offences related to the sea are counted under Maritime and Illegal fishing. Federal defendant A finalised defendant in the criminal courts who has been charged with at least one offence against commonwealth legislation. Federal offences The secondary counting unit for the Federal Defendants collection. It represents a count of the number of federal offences finalised. Note that some federal offences may be counted more than once for a proven guilty offence if more than one sentence was handed down. Therefore the count of offences may be overstated. Federal Offence Group A broad categorisation of federal offences, developed in collaboration with the Australian Attorney-General's Department. The Federal Offence Group categories do not relate to ANZSOC. Rather, they are amalgamations of commonwealth Acts/Sections. See Appendix 4 for a concordance between federal Offence Group categories and the associated commonwealth Acts/Sections. 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 category. It includes offences relating to the improper handling of finance, such as bankruptcy, import/export of counterfeit money and the improper use of public money. Fraud A Federal Offence Group category. It includes offences relating to false or misleading statements for personal gain such as insurance claims, identification and misrepresentation of accreditation. Trademark and copyright infringements are also counted in this category. 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. It corresponds to code 1300 in the Sentence Type classification. 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. It corresponds to code 2910 in the Sentence Type classification. 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 Guilty finding by court in the Method of Finalisation classification. Guilty plea 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 Guilty plea by defendant in the Method of Finalisation classification. Harassment and threatening behaviour Actions that harass or are intended to harass, threaten or invade the privacy of an individual, not amounting to an assault, sexual assault, stalking, blackmail or extortion. The action can be face-to-face, written, or made through a carriage service (e.g. phone, computer etc.). This is ANZSOC Subdivision 053 which includes the following Groups: Harassment and private nuisance (0531) and Threatening behaviour (0532). Higher Court The criminal jurisdiction of an Intermediate 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 category. It includes offences relating to unlawful fishing in Australian waters, such as fishing without a licence and fishing by foreign vessels. Illegal use/importation of weapons A Federal Offence Group category. 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 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 101 which includes the following Groups: Import illicit drugs (1011) and Export illicit drugs (1012). Import/export offences A Federal Offence Group category. It includes breaches against import and export regulations set out by customs and quarantine control legislation. 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 category. It includes offences initiated overseas or related to foreign persons such as harming Australians overseas, war crimes, recruitment to serve in armed forces in foreign states and the transfer of prisoners across borders. Jurisdiction The legal power or authority which may be exercised by a particular court level, within which 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 A Federal Offence Group category. It includes offences related to breach of justice orders, escaping from custody or immigration detention, subverting the course of justice and failure to vote. 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 – 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 category. It includes offences occurring in or affecting Australia's maritime environment, excluding illegal fishing. Mean The sum of the value of each observation in a dataset divided by the number of observations. This is also known as the arithmetic average. Median The middle value in a distribution when the values are arranged in ascending or descending order. 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 A Federal Offence Group category. It includes breaches of Australian citizenship and migration legislation such as passport fraud, falsely holding a visa and breaking visa conditions. 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. It corresponds to code 2200 in the Sentence Type classification, which includes the following sentences: 2210 Fine, 2220 Orders as recompense to victim, and 2290 Other monetary orders n.e.c. 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). The National Offence Index, 2009 (cat. no. 1234.0.55.001) is available from the ABS website. 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 Non-adjudicated finalisation (300) in the Method of Finalisation classification and includes:
Non-assaultive sexual offences Offences of a sexual nature, or intent thereof, against another person that do not involve physical contact with the person and where the person does not give consent, gives consent as a result of intimidation or deception, or consent is prescribed (i.e. the person is legally deemed incapable of giving consent because of youth, temporary/permanent (mental) incapacity or there is a familial relationship). This is Subdivision 032 which includes the following Groups: Non-assaultive sexual offences against a child (0321), Child pornography offences (0322), Sexual servitude offences (0323) and Non-assaultive sexual offences, n.e.c. (0329). Non-custodial orders Sentences imposed on a defendant that does not involve being held in custody. This category includes:
It corresponds to category 2000 in the Sentence Type classification. Not guilty verdict See: Acquitted. Obtain benefit by deception The use of deception or impersonation, with the intent of dishonestly obtaining property, goods, services, or other benefit, or to avoid a dis-benefit. This is ANZSOC Subdivision 091 and the subdivision is not further disaggregated. 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. Offences against justice See: Offences against justice procedures, government security and government operations. Offences against justice procedures, government security and government operations An act or omission that is deemed to be prejudicial to the effective carrying out of justice procedures or any government operations. This includes general government operations as well as those specifically concerned with maintaining government security. This is ANZSOC Division 15 Offences against justice procedures, government security and government operations and includes the Subdivisions: Breach of custodial order offences (151), Breach of community-based orders (152), Breach of violence and non-violence orders (153), Offences against government operation (154), Offences against government security (156) and Offences against justice procedures (156). Note ANZSOC Groups Breach of home detention (1512), Breach of suspended sentence (1513), and Subdivision Breach of community-based orders (152) are out of scope of the Federal Defendants collection. 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. See: Jurisdiction. Other (federal offence) A Federal Offence Group category. It includes offences that have not been counted elsewhere. Other non-custodial orders Sentences imposed on a defendant that do not require custody, are not fully suspended, and are not elsewhere classified in Other non-custodial orders (2900) 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. It corresponds to the following codes in the Sentence Type classification: 1122 Imprisonment with partially suspended term and 1142 Juvenile detention with partially suspended term. People smuggling A Federal Offence Group category. It includes offences related to the organised movement of people into Australia illegally. 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. It corresponds to category 1130 in the Sentence Type classification. Plea A formal statement made 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. 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 category. It includes the handling of money or property gained through criminal activity. 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 Charge proven (110) 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). 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 category. It includes offences related to the security of commonwealth property such as espionage and treason. 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 intended 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 category. It includes making false claim or statement in relation to social security benefits, pensions and allowances. 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 category. It includes tax fraud, failure to lodge a tax return or to pay tax, as well as offences related to non-registered tax agents. 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). Terrorism A Federal Offence Group category. Includes terrorist acts, preparing or training for terrorist acts, or possessing things connected with terrorist acts. 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 Transfer to non-court agency (350) 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 Finalisation by transfer of charges between court levels (200) in the Method of Finalisation classification. Transport A Federal Offence Group category. It includes interstate road offences and breaches of railways by-laws. 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 Unfit to plea (330) in the Method of Finalisation classification. Unlawful entry with intent/burglary, break and enter The unlawful entry of a structure with the intent to commit an offence, where the entry is either forced or unforced. 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 ANZSOC Division is 07 Unlawful entry with intent/burglary, break and enter. It is not further disaggregated. 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 Withdrawn by the prosecution (340) in the Method of Finalisation classification. Document Selection These documents will be presented in a new window.
|
||