DEFENDANTS ADJUDICATED

The following information only relates to defendants whose charges were adjudicated, i.e. finalised via a plea of guilty or a decision by the Children's Court as to their guilt or innocence of the final charges laid.

During 2008-09, 34,192 or 81% of defendants finalised in the Children's Courts in Australia were adjudicated. This proportion has not changed since 2006-07.


Principal offence

In 2008-09, those charged with a principal offence of theft formed the largest proportion of defendants (20%) in the Children's Courts. This was followed by: acts intended to cause injury (18%); traffic offences (13%); unlawful entry with intent (12%); and public order offences (10)%. Combined, these principal offences accounted for almost three-quarters (74%) of defendants appearing before the Children's Courts in 2008-09.

There was variation across states and territories in the types of principal offences that defendants were charged with in the Children's Courts in 2008-09. Acts intended to cause injury accounted for the largest proportion of final charges for defendants in New South Wales (29%), Tasmania (22%) and the Australian Capital Territory (22%). In Western Australia, the Northern Territory and South Australia, traffic offences accounted for the largest proportion of final charges (30%, 25% and 24% respectively). In Victoria and Queensland theft offences were the most prevalent (33% and 24% respectively).

Sex

In 2008-09, 80% (33,594) of defendants heard in the Children's Courts were male, while females accounted for 20% (8,530). The number of males increased 9% from the 30,809 defendants heard in 2007-08, while the number of females decreased by less than 1% (down from 8,547).

The most prevalent principal offence for male defendants was theft (18%), followed by acts intended to cause injury (17%) and unlawful entry with intent (14%).

Theft was also the most prevalent principal offence type for females (28%), followed closely by acts intended to cause injury (23%) and traffic offences (13%).

Unlawful entry with intent accounted for a much lower proportion of female defendants (5%) than males (14%), while proportionally there were more females heard for theft (28%) compared to 18% of males.

Age

The largest proportion of defendants heard in the Children's Courts were aged 17 years at the time of finalisation (27% or 9,144), followed by those aged 16 years (24% or 8,282). Those aged 10 to 12 years comprised 2% (693), no change from 2007-08.

Younger defendants (those aged between 10 to 14 years of age) are more likely to be charged with property offences, but as they become older these offence types start to decline and more defendants are charged with offences against the person or traffic offences. However, in 2008-09 a reasonable proportion of young offenders were heard in the Children's Courts for acts intended to cause injury: 20% of 10-12 year olds, 17% of 13 year olds, and 21% of 14 year olds.

The type of offence defendants were charged with in the Children's Courts varied by age:

• Of the youngest defendants, the largest proportion had a principal offence of unlawful entry with intent or theft: 24% and 23% respectively for those aged 10-12 years; and 21% and 26% respectively for those aged 13 years.
• Defendants aged 14, 15 and 16 years most commonly had a principal offence of theft or acts intended to cause injury: 24% and 21% respectively for those aged 14 years; 21% and 20% respectively for those aged 15 years; and 19% and 18% respectively for 16 year olds.
• The largest proportion of defendants aged 17 years had a principal offence of traffic offences (19%) and acts intended to cause injury (18%).
• Theft offences accounted for almost a quarter (23%) of defendants aged 18 years and over, followed by acts intended to cause injury (19%).

Defendants acquitted

In 2008-09, 1,636 or 5% of defendants adjudicated in the Children's Courts in Australia were acquitted.

For those acquitted, the largest proportion of defendants had the following principal offences: acts intended to cause injury (23%), theft (20%), public order offences (16%), unlawful entry with intent (11%) and robbery (7%).

The highest proportions of defendants acquitted were in Tasmania and the Australian Capital Territory (both 13%). South Australia had the lowest proportion at 0.5%.

Defendants proven guilty

Defendants are referred to as 'convicted' where they were proven guilty of at least one of the final charges laid against them in a court. This includes defendants who pleaded guilty or are found guilty, including those found guilty ex-parte.

Defendants proven guilty in the Children's Courts accounted for 32,556 (95%) of defendants adjudicated in 2008-09.

For those proven guilty, the largest proportion of defendants had the following principal offences: theft (20%), acts intended to cause injury (18%), traffic offences (13%), unlawful entry with intent (12%), and public order offences (10%).

Queensland, South Australia and Western Australia (all 99%) had larger proportions of defendants with proven guilty outcomes than the national average (95%).

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