DEFENDANTS FINALISED
Defendants can have their charges finalised via different methods (see Appendix 2). The main categories of finalisation are: adjudicated finalisations, where the court has made a finding as to the guilt or otherwise of the defendant; finalisation by transfer between court levels; withdrawal by the prosecution; and other methods such as defendant deceased or unfit to plead.
The majority of states and territories had increases in the numbers of defendants finalised in the Children's Courts in 2008-09. Tasmania (20%), South Australia (19%) and the Northern Territory (18%) had the largest increases, while Queensland was the only state where the number of defendants finalised decreased (1%).
Charges withdrawn by the prosecution
Defendants finalised through charges being withdrawn by the prosecution increased by 4% from 4,177 in 2007-08 to 4,334 in 2008-09.
During 2008-09, principal offences with the largest number of defendants finalised through charges withdrawn by the prosecution were:
- theft (1,193)
- acts intended to cause injury (937); and
- unlawful entry with intent (446).
The Australian Capital Territory (32%), New South Wales (14%) and Victoria (13%) had larger proportions of defendants finalised through charges withdrawn than the national average of 10%. Tasmania had the smallest proportion of defendants finalised through charges withdrawn (4%).
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