• Summary
• Downloads
• Explanatory Notes
• Related Information
• Past Releases

Crime and Justice: Higher Criminal Court Outcomes

In 2002-03, males represented 87% of adjudicated defendants in the Higher Criminal Courts.

The criminal courts in Australia contribute to the effort to attain a safe and just society. The criminal courts form one part of the criminal justice system in Australia, which also includes the police and corrective services. The criminal justice system provides an avenue for individuals to defend themselves against criminal charges, protects the community from those who are proven guilty, and attempts to rehabilitate the convicted to avoid re-offending. The Report on Government Services estimated total criminal court administration expenditure in 2002-03 to be $414 million, or around $21 for each person in Australia (endnote 1).

There are several levels of adult criminal courts with offenders allocated according to the type and seriousness of the offence. The Higher Criminal Courts deal with the majority of cases involving serious offences, while the Magistrates' Criminal Courts deal with more routine and minor charges. In 2002-03 there were 14,500 adjudicated defendants in the Higher Criminal Courts, that is, defendants whose cases were finalised by a judgement or decision of the courts. In the same period, almost 425,000 adjudicated defendants were finalised in the Magistrates' Criminal Courts. This article will examine characteristics of adjudicated defendants in the Higher Criminal Courts, including their age and sex, principal offence, and their court and sentencing outcomes.

Adjudicated defendants in the Higher Criminal Courts (a) - 2002-03

Different principal offences were observed for older persons compared to younger persons. The most common principal offence for male defendants aged 45 years and over was an offence related to sexual assault. This category of offence accounted for around one-third (32%) of male defendants in this age group, compared to 6% of those aged less than 20 years. For younger male defendants aged less than 20 years, over one-quarter (27%) appeared in the Higher Criminal Courts with a principal offence of unlawful entry with intent, compared to 3% of male defendants aged 45 years and over.

For women, almost a quarter (24%) of the defendants aged less than 20 years were finalised in the Higher Criminal Courts with a principal offence of acts intended to cause injury. The most common principal offence of women aged 45 years and over was an offence related to deception (37%).

Age(a) and sex of adjudicated defendants(b) - 2002-03

Selected principal offence of adjudicated defendants(a) - 2002-03

Magistrates’ Criminal Courts In the ABS data collection, the Magistrates’ Courts includes the Court of Petty Sessions and the Local Court, but excludes other courts of summary jurisdiction such as the Childrens’ Courts, Electronic Courts, and Drug Courts. The Magistrates’ Courts of Australia deal with more minor charges which are decided by a magistrate, without a jury. In 2002-03, 38% of adjudicated defendants in the Magistrates’ Courts had a principal offence of road traffic and motor vehicle regulatory offences, while a further 10% had public order offences. In 2002-03, 80% of defendants in the Magistrates’ Courts were male, a smaller proportion than for the same period in the Higher Criminal Courts. Defendants in the Magistrates’ Courts had a similar age profile to those in the Higher Criminal Courts with around half being aged less than 30 years. The majority of defendants in the Magistrates’ Courts were proven guilty in 2002-03 (around 97% were convicted). However, owing to the less serious nature of the offences, a relatively small proportion of convicted offenders were sentenced to custody in a correctional institution or the community (6%). The most common sentencing outcome was a monetary order (71%). ADJUDICATED DEFENDANTS IN THE MAGISTRATES' COURTS(a)(b) - 2002-03 Sex of defendant unit Male Female Adjudicated no. 332,805 81,820 Proven guilty % 97.2 97.6 (a) Data are considered to be ‘experimental’ due to data quality issues. State and territory differences in recording finalised defendants may have resulted in an over-count in New South Wales and the Northern Territory and an undercount in Tasmania. (b) Excludes organisations, and persons with sex not recorded. Source: Criminal Courts, Australia 2002-03 (ABS cat. no. 4513.0).

Proportion of convicted defendants(a) sentenced to custody in a correctional institution or the community - 2002-03

Behind bars Defendants who are proven guilty of a charge may be sentenced to serve time in a correctional institution. In 2002-03, 53% of people convicted of crimes in the Higher Criminal Court were sentenced to custody in a correctional institution. At the end of June 2003, there were 23,555 prisoners in Australia and of these, 93% were men. Four out of every five prisoners was aged between 20-44 years, with male and female prisoners having a similar age profile. Around 58% of male prisoners and 49% of female prisoners were known to have been imprisoned previously. PRIOR IMPRISONMENT OF PRISONERS - 2003 Male Female Prior imprisonment % % Yes 57.8 48.9 No 40.9 47.4 Total(a) 100.0 100.0 no. no. Total(a) 21,961 1,594 (a) Includes prisoners whose prior imprisonment status is unknown. Source: Prisoners in Australia, 2003 (ABS cat. no. 4517.0)