DATA ELEMENTS AND DATA ELEMENT CONCEPTS
METHOD OF FINALISATION
IDENTIFYING AND DEFINITIONAL ATTRIBUTES
Metadata type:
DATA ELEMENT Version: 1
Definition:
Method of Finalisation refers to the process which leads to the completion of a defendant's case as an item of work in a particular court level. A defendant undergoing court proceedings is considered to be finalised when all charges against that defendant have been processed to completion within a court level.
Context:
The Method of Finalisation describes how a criminal charge is finalised and the judicial process which occurred.
RELATIONAL AND REPRESENTATIONAL ATTRIBUTES
Datatype:
Numeric
Field size:
Min: 3 Max: 3
Representational form:
Code
Representational layout:
NNN
Data domain:
The Method of Finalisation classification has three major categories distinguishing between finalisations which are adjudicated, transferred between court levels or non-adjudicated. Codes are provided to distinguish between the levels in the hierarchy and can be used to assist with data entry and/or output purposes.
Guide for use:
Adjudicated finalisation
Adjudicated finalisations refer to defendants whose charge(s) are resolved through a trial or sentence hearing. The adjudication involves a judgment or determination by the court as to whether the defendant is guilty of the charge(s) against them and/or a determination of the penalty to be applied where a defendant is proven guilty.
Finalisation by transfer of charges between court levels
Transfer to another court level is a court outcome ordering that a criminal charge be transferred to another court level (within the state/territory) to be adjudicated and/or sentenced.
Non-adjudicated finalisation
A non-adjudicated finalisation is where a charge is considered completed and ceases to be active in a court even though there has not been a determination on whether the defendant is guilty, that is, the charge(s) have not been adjudicated. The methods of non-adjudicated finalisation include but are not limited to defendant deceased; unfit to plead; withdrawn by the prosecution; diplomatic immunity and statute of limitation applies.
More detailed definitions of the types of Method of Finalisation can be found in the glossary.
The Method of Finalisation classification is intended to be used to classify the outcome of each individual charge heard in a Magistrates' or higher court. However, only one Method of Finalisation code may be applied to each finalised defendant.
A defendant is considered to be finalised when all charges against that defendant have been processed to completion within a court level.
If a defendant has one charge or multiple charges all with the same Method of Finalisation code, then that code is the Method of Finalisation for the defendant.
As a defendant may have multiple charges and these may have been finalised in different ways, there may be multiple Method of Finalisation codes associated with the same defendant. National coding rules (see below) are applied to determine the appropriate Method of Finalisation code to be assigned in this instance.
1. If for the defendant or any of the charges the Method of Finalisation is:
- Defendant deceased (Code 310);
- Unfit to plead (Code 330); or
- Not guilty by reason of mental illness/condition (Code 122);
then code the defendant to that particular Method of Finalisation category.
2. If a defendant has multiple charges and the finalisation codes are different, the following order of precedence is to be applied:
For higher court defendants:
111 Guilty finding by court
110 Charge proven n.f.d.
112 Guilty plea by defendant
121 Acquitted by court
120 Charge unproven n.f.d.
129 Charge unproven n.e.c.
231 Transfer from an intermediate court to a Supreme Court - for trial
241 Transfer from a Supreme Court to an intermediate court - for trial
230 Transfer from an intermediate court to a Supreme Court n.f.d.
240 Transfer from a Supreme Court to an intermediate court n.f.d.
232 Transfer from an intermediate court to a Supreme Court - for sentence
242 Transfer from a Supreme Court to an intermediate court - for sentence
220 Transfer from a higher court to Magistrates' Court
290 Other transfer between court levels n.e.c.
340 Withdrawn by prosecution
390 Other Non-adjudicated finalisation n.e.c.
900 Unknown/Not stated
For Magistrates' Court defendants:
111 Guilty finding by court
110 Charge proven n.f.d.
112 Guilty plea by defendant
113 Guilty ex-parte
121 Acquitted by court
120 Charge unproven n.f.d.
123 No case to answer at committal
129 Charge unproven n.e.c.
211 Committed for trial
210 Transfer from a Magistrates' Court to a higher court n.f.d.
212 Committed for sentence
219 Transfer from a Magistrates' Court to a higher court n.e.c.
290 Other transfer between court levels n.e.c.
340 Withdrawn by prosecution
390 Other Non-adjudicated finalisation n.e.c.
900 Unknown/Not stated
Verification rules:
Method of Finalisation is only applicable to finalised defendants.
All charges for a defendant relating to the one case have been finalised, therefore both the related data elements of Final plea and Date of Finalisation exist.
If Method of Finalisation is Guilty finding by court (Coded to 111) then Final Plea must be Not guilty or Defended (Codes 20-24).
Defendants with a Principal Offence must have an adjudicated Method of Finalisation (Codes 100-129).
Defendants with a Principal Sentence must have an adjudicated Method of Finalisation of Proven guilty (Codes 110-113).
The following should be excluded when considering the scope for Method of Finalisation:
- a hung jury - where no verdict has been reached and the trial process is to be recommenced;
- mistrials - where a new trial will be scheduled;
- referrals to a Mental Health Review Tribunal to consider whether a defendant is fit to stand trial;
- where an Appeal court rules on a point of law but the charges have not been finalised in the original court;
- hearings for a breach of a criminal court order, which is typically a re-sentencing and therefore not heard in the original jurisdiction of the court;
- re-sentence hearings in an Appeal court. If as a result of a re-sentencing hearing in an Appeal Court, new finalisation information appears on the Magistrates' or higher court system, then this information is out of scope;
- transfers of defendants between geographical court locations within the same court level; and
- the issuing of a bench warrant.
Collection methods:
This information is taken from court process documentation including court bench sheets etc.
Related metadata:
Is related to the data elements:
Date of Finalisation
Date of Verdict
Final Plea
Principal Offence
Principal Sentence
Is related to the data element concept:
ADMINISTRATIVE ATTRIBUTES
Source document:
1. Higher Criminal Courts Collection Manual
2. Magistrates' Criminal Courts Collection Manual
3. 2004 Data Collection Manual
Source organisation:
1. Australian Bureau of Statistics
2. Australian Bureau of Statistics
3. Court Administration Working Group
History:
Commenced 2005
Comments:
None
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