DATA ELEMENTS AND DATA ELEMENT CONCEPTS
METHOD OF INITIATION
IDENTIFYING AND DEFINITIONAL ATTRIBUTES
Metadata type:
DATA ELEMENT Version: 1
Definition:
Method of Initiation describes how a criminal charge is initiated, commenced, lodged or filed within the court system or a court level.
Context:
Information on the Method of Initiation describes how a criminal charge is initiated and the judicial process scheduled for the defendant.
RELATIONAL AND REPRESENTATIONAL ATTRIBUTES
Datatype:
Numeric
Field size:
Min: 3 Max: 3
Representational form:
Code
Representational layout:
NNN
Data domain:
The Method of Initiation classification has two major categories, disaggregated on the basis of the action leading to the registration of charges in a particular court level. 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:
Direct laying of charges
A method of registration resulting from a prosecuting agency laying charges before the court alleging that the named defendant(s) committed the specified criminal offence(s). This includes the direct laying of charges by the Director of Public Prosecution or the Attorney-General in a higher or Magistrates' Court for adjudication.
Transfer of charges between court levels
A court outcome in which criminal charges against a defendant are transferred, registering the criminal charges to another court level to be determined and/or sentenced.
More detailed definitions of the types of Method of Initiation can be found in the glossary.
The Method of Initiation classification is intended to be used to classify the commencement of each individual charge heard in a Magistrates' or higher court.
If a defendant has one charge or multiple charges all with the same Method of Initiation code, then that code is the Method of Initiation for the defendant.
As a defendant may have multiple charges and these may have been initiated in different ways, there may be multiple Method of Initiation codes associated with the same defendant. The national coding rule (see below) is applied to determine the appropriate Method of Initiation code to be assigned in this instance.
Where a defendant has multiple charges and these have different Method of Initiation codes, the Method of Initiation code for the defendant is determined by applying the following order of precedence:
For higher court defendants:
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.
121 Ex-officio indictment of charges to a higher court for trial
120 Ex-officio indictment of charges to a higher court n.f.d.
122 Ex-officio indictment of charges to a higher court for sentence
290 Other transfer between court levels 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
900 Method of initiation unknown/not stated
For Magistrates' Court defendants:
111 Indictable offences brought before a Magistrates' Court
110 Charges laid before a Magistrates' Court n.f.d.
112 Summary offences brought before a Magistrates' Court
113 Charges laid before a Magistrates' Court n.e.c.
220 Transfer from a higher court to a Magistrates' Court
290 Other transfer between court levels n.e.c.
900 Method of initiation unknown/not stated
Verification rules:
Method of Initiation is applicable to all defendants.
Where an Appeal court orders a retrial after an original case was finalised (i.e. by adjudication or by conviction and sentencing), this is considered a new case and should be assigned a Method of Initiation code of 290.
If Committal Plea is Undefended or Guilty (Codes 10-11), Method of Initiation must not be Committed for trial (Code 211)
If Committal Plea is Defended (Codes 20-24), Method of Initiation must not be Committed for sentence (Code 212).
If Committal Plea is Undefended or Defended (Codes 10-11, 20-24), Method of Initiation must be Committed for trial or sentence (Codes 211-212)
If Initial Plea is Undefended or Guilty (Codes 10-11), Method of Initiation must not be Ex-officio indictment of charges to a higher court for trial (Code 121).
If Initial Plea is Defended (Codes 20-24), Method of Initiation must not be Ex-officio indictment of charges to a higher court for sentence (Code 122).
The following should be excluded when considering the scope for Method of Initiation:
- where an Appeal court rules on a point of law but the charges have not been finalised in the original court;
- hearing(s) following a Mental Health Review Tribunal decision of whether a defendant is fit to stand trial;
- the transfer of a defendant/case to a new geographical location within the same court level;
- the transfer of a defendant/case to a new registry within the same court level; and
- the execution of a bench warrant.
Collection methods:
This information is taken from the committal or registration notice.
Related metadata:
Is related to the data element concept:
Is related to the data elements:
Date of Registration
Date of Committal
Date of Initiation
Committal Plea
Initial Plea
ADMINISTRATIVE ATTRIBUTES
Source document:
1. Higher Criminal Courts Collection Manual
2. 2004 Data Collection Manual
Source organisation:
1. Australian Bureau of Statistics
2. Court Administration Working Group
History:
Commenced 2005
Comments:
None
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