ALL COURTS

Defendants finalised

In 2016–17, there were 607,375 defendants finalised in Australian state and territory criminal courts, an increase of less than one per cent on the previous year.

The rate of defendants finalised nationally was 2,834 per 100,000 persons aged 10 years and over.

The majority (92% or 561,781) of defendants were finalised in the Magistrates’ Courts. (Tables 1 and 47)

FIGURE 1: NUMBER OF DEFENDANTS FINALISED, Court level, 2016–17



(a) Defendants may be counted twice where they have been transferred from one of the three court levels and then finalised in another within the same reference period. See Explanatory Notes paragraphs 35–37.
(b) Excludes organisations.

Summary characteristics

Nine out of ten defendants finalised in 2016–17 (89% or 538,410) had their matter(s) adjudicated, meaning the court made a determination of their guilt or innocence for the offence(s) with which they were charged. Most of these defendants (98% or 527,013) were proven guilty.

In 2016–17, 51,539 defendants (9%) had their matter(s) withdrawn by the prosecution. (Table 1)

The median age of defendants finalised nationally was 32 years, up from 31 years in 2015–16.

Three-quarters (75% or 456,940) of defendants finalised nationally were male. (Table 1)

Principal offence and Sentence type

In 2016–17, seven out of ten defendants finalised had one of the following principal offences:

• Traffic and vehicle regulatory offences (36% or 217,622);
• Acts intended to cause injury (13% or 76,006);
• Illicit drug offences (11% or 65,011); or
• Theft and related offences (8% or 49,572). (Table 1)

Traffic and vehicle regulatory offences

Around a third (32% or 70,215) of all defendants finalised for Traffic and vehicle regulatory offences had a principal offence of Exceeding the prescribed content of alcohol or other substances limit. (Table 1)

During 2016–17, 201,428 defendants were proven guilty of a Traffic and vehicle regulatory offence. The majority of these defendants (80% or 160, 249) were sentenced to a monetary order. (Table 10)

Acts intended to cause injury

During 2016–17 there were 76,006 defendants finalised for Acts intended to cause injury, three quarters of these (56,842) were proven guilty. (Tables 1 and 7)

Most (92% or 69,902) defendants finalised for Acts intended to cause injury had a principal offence of Assault in 2016–17. The number of defendants finalised for Assault increased by 7% (4,341) on the previous year, to reach their highest levels since the series began in 2008–09. (Table 1)

The majority of (68% or 38,551) defendants with a principal proven offence of Acts intended to cause injury were sentenced to a non-custodial order in 2016–17. (Table 10)

Illicit drug offences

There were 65,011 defendants finalised for Illicit drug offences in 2016–17, an increase of 3% (1,819) on the previous year. The majority (58% or 37,936) of these defendants had a principal offence of Possess and/or use illicit drugs. (Table 1)

Around nine in ten (88% or 57,147) defendants finalised for an Illicit drug offence were proven guilty. The majority of these (87% or 49,475) were sentenced to a non-custodial order, most commonly (67% or 32,944) a monetary order. (Tables 7 and 10)