Criminal Courts, Australia

The COVID-19 pandemic resulted in restrictions in some states and territories that affected the volume of defendants that could be finalised in the Criminal Courts in 2020–21. This context should be considered when interpreting the Criminal Courts data for the 2020–21 and 2019–20 reference periods, and when comparing to earlier years.

Offences relating to COVID-19 legislation are reported under ANZSOC subdivisions 154 Offences against government operations and 162 Public health and safety offences. The number of these defendants is small as most offences were managed outside the criminal courts system, for example through state fines agencies. Data on offenders against COVID-19 legislation is available in the Recorded Crime – Offenders publication.

This section presents information about defendants finalised in Australian state and territory Criminal Courts between 1 July 2020 and 30 June 2021.

Note that values exclude defendants who were finalised by transfer between court levels. This is to reduce double-counting, as in most cases transferred defendants are subsequently finalised (for example through adjudication, sentencing or withdrawal) at the court level at which they are transferred to.

There were 508,748 defendants finalised, an 8% increase from 2019–20, but fewer defendants than in previous years.

Most defendants (468,349 or 92%) were finalised in the Magistrates’ Courts, a 9% increase since 2019–20. In addition:

• 15,894 defendants were finalised in the Higher Courts, a 7% decrease
• 24,506 in the Children’s Courts, a 1% increase

Three-quarters of defendants were male (75%, 382,715) and 24% were female (119,972). Less than one per cent of defendants were organisations (3,808). These proportions are consistent with previous years.

The mean age of defendants remained stable at 35 years and the median age stable at 33 years.

There were 2,242 defendants finalised per 100,000 persons (aged 10 years and over).

Of the 463,448 defendants finalised who had charges adjudicated:

• 449,387 (97%) had a guilty outcome
• 14,048 (3%) were acquitted

 A further 43,717 defendants had their matters withdrawn by the prosecution.

The three most common categories of principal offence were:

• Traffic and vehicle regulatory offences – 178,585, or 35% of defendants finalised
• Acts intended to cause injury (including assault) – 70,256, or 14% of defendants finalised
• Illicit drug offences – 55,973, or 11% of defendants finalised

These offence types also had the largest increases in the number of defendants from 2019–20.

Most defendants received a non-custodial principal sentence (383,885, 85% of defendants with a guilty outcome), of which 250,999 received fines.

Fifteen per cent of defendants with a guilty outcome (65,441) received a custodial sentence, most commonly custody in a correctional institution (43,017).

Time series data shows a decrease in the number of non-custodial sentences in 2019–20, followed by a partial return to the existing trend, while the number of defendants with custodial sentences has remained relatively stable. This may have been related to COVID-19 restrictions, with some courts prioritising defendants on remand and those with more serious offences (more likely to result in a custodial order) during times of reduced criminal courts operations.

In the Higher Courts specifically, where the most serious offences are heard, 90% of defendants with a guilty outcome received a custodial sentence (11,436 defendants), mostly custody in a correctional institution (9,294).

In the Children’s Courts, 9% of defendants with a guilty outcome (1,792) received a custodial sentence, with 982 sentenced to custody in a correctional institution. There has been a downward trend since 2010–11, in the number of defendants in the Children’s Courts sentenced to custody in a correctional institution.

This section presents data on the Indigenous status of defendants finalised in the criminal courts of New South Wales, Queensland, South Australia and the Northern Territory. The data from these states and territory were of sufficient quality and met the ABS standard for national reporting in 2020–21.

Defendants proceeded against for traffic offences often do not have Indigenous status information recorded, therefore defendants with a principal offence of Dangerous or negligent operation of a vehicle or Traffic and vehicle regulatory offences are excluded from the following statistics.

The proportion of defendants who identified as Aboriginal and Torres Strait Islander in 2020–21 was:

• 83% in the Northern Territory
• 25% in Queensland
• 24% in South Australia
• 18% in New South Wales

The median age for Aboriginal and Torres Strait Islander defendants ranged from 28 years to 32 years across these states and territory.

Acts intended to cause injury (largely assault) was the most common principal offence for Aboriginal and Torres Strait Islander defendants in:

• Northern Territory – 43% (2,306)
• New South Wales – 41% (6,978)
• South Australia – 30% (1,487)

In Queensland, the most common principal offence for Aboriginal and Torres Strait Islander defendants was Offences against justice (19% or 4,592 defendants). As mentioned, traffic offences are excluded from the data above as Indigenous status is not always collected.

The proportion of Aboriginal and Torres Strait Islander defendants with an adjudicated guilty outcome was:

• Queensland – 99% (21,115)
• South Australia – 97% (3,114)
• Northern Territory – 96% (4,570)
• New South Wales – 93% (14,600)

Of those with a guilty outcome, the majority were sentenced to a non-custodial order in:

• Queensland – 74% (15,716)
• New South Wales – 69% (10,098)
• South Australia – 52% (1,625)

In the Northern Territory, the most common sentence for Aboriginal and Torres Strait Islander defendants was a custodial sentence, with 60% of Aboriginal and Torres Strait Islander defendants with a guilty outcome sentenced to custody in a correctional institution (2,753).

There were 159,010 defendants finalised in New South Wales, more defendants than any other jurisdiction, comprising 31% of all defendants finalised nationally.

Of the 149,305 defendants finalised who had charges adjudicated:

• 142,263 (95%) had a guilty outcome
• 7,042 (5%) were acquitted

 A further 9,429 defendants had their matters withdrawn by the prosecution.

• The rate of defendants finalised was 2,190 per 100,000 persons (aged 10 years and over)
• The median age of defendants was 34 years
• More than three-quarters (77%) of defendants were male

Nearly seven in ten (69%) defendants finalised had one of the following principal offences:

• Traffic and vehicle regulatory offences – 38% (60,663)
• Acts intended to cause injury, including assault – 20% (32,213)
• Illicit drug offences – 10% (16,090)

Of the 142,263 defendants with a guilty outcome, most were sentenced to a non-custodial order (122,722 or 86%).

For defendants with a guilty outcome sentenced to a non-custodial order:

• Just over half received a fine as their principal sentence (63,133)
• The median fine amount was $500

For the 14% (19,538) of defendants with a guilty outcome sentenced to a custodial order:

• Over half were sentenced to custody in a correctional institution (11,707)
• The median sentence length was 10 months for custody in a correctional institution

There were 77,100 defendants finalised in Victoria, comprising 15% of defendants finalised nationally.

Of the 67,681 defendants finalised who had charges adjudicated:

• The vast majority (67,418) had a guilty outcome
• 262 (less than one per cent) were acquitted

 A further 9,408 defendants had their matters withdrawn by the prosecution.

For the 77,100 defendants finalised:

• The rate of defendants finalised was 1,300 per 100,000 persons (aged 10 years and over)
• The median age of defendants was 34 years
• Around three-quarters (76%) of defendants were male

Sixty per cent of defendants finalised had one of the following principal offences:

• Traffic and vehicle regulatory offences – 39% or 29,841 defendants
• Acts intended to cause injury, including assault – 13% or 10,378 defendants
• Offences against justice – 8% or 5,862 defendants

Of the 67,418 defendants with a guilty outcome, most (90%, 60,415) were sentenced to a non-custodial order.

For defendants with a guilty outcome sentenced to a non-custodial order:

• 33,827 received a fine as their principal sentence
• The median fine amount was $550

For the 10% (7,006) of defendants with a guilty outcome sentenced to a custodial order:

• The majority were sentenced to custody in a correctional institution (6,455)
• The median sentence length was 3 months for custody in a correctional institution

There were 143,374 defendants finalised in Queensland, comprising 28% of all defendants finalised nationally.

Of the 130,370 defendants finalised who had charges adjudicated:

• 129,030 (99%) had a guilty outcome
• 1,338 (1%) were acquitted

 A further 12,748 defendants had their matters withdrawn by the prosecution.

For the 143,374 defendants finalised:

• The rate of defendants finalised was 3,149 per 100,000 persons (aged 10 years and over)
• The median age of defendants was 32 years
• Nearly three-quarters (74%) of defendants were male

More than half (56%) of defendants finalised had one of the following principal offences:

• Traffic and vehicle regulatory offences – 28% or 40,495 defendants
• Illicit drug offences – 16% or 22,272 defendants
• Offences against justice – 12% or 17,913 defendants

Of the 129,030 defendants with a guilty outcome, most (85% or 109,445 defendants) were sentenced to a non-custodial order.

For defendants with a guilty outcome sentenced to a non-custodial order:

• 79,465 defendants received a fine as their principal sentence
• The median fine amount was $450

For the 15% (19,586) of defendants with a guilty outcome sentenced to a custodial order:

• Two-thirds were sentenced to custody in a correctional institution (12,861 defendants)
• The median sentence length was 12 months for custody in a correctional institution

There were 32,030 defendants finalised in South Australia, comprising 6% of all defendants finalised nationally.

Of the 23,459 defendants finalised who had charges adjudicated:

• 22,971 (98%) had a guilty outcome
• 492 (2%) were acquitted

 A further 8,201 defendants had their matters withdrawn by the prosecution.

For the 32,030 defendants finalised:

• The rate of defendants finalised was 2,040 per 100,000 persons (aged 10 years and over)
• The median age of defendants was 36 years
• More than three-quarters (78%) of defendants were male (24,916 defendants)

More than half (58%) of defendants finalised had one of the following principal offences:

• Traffic and vehicle regulatory offences – 32% or 10,365 defendants
• Acts intended to cause injury, including assault – 15% or 4,930 defendants
• Illicit drug offences – 10% or 3,131 defendants

Of the 22,971 defendants with a guilty outcome, most (74% or 17,093 defendants) were sentenced to a non-custodial order.

For defendants with a guilty outcome sentenced to a non-custodial order:

• 10,875 received a fine as their principal sentence
• The median fine amount was $600

For the 26% (5,881) of defendants with a guilty outcome sentenced to a custodial order:

• Over half were sentenced to custody in a correctional institution (3,412 defendants)
• The median sentence length was 4 months for custody in a correctional institution

There were 70,784 defendants finalised in Western Australia, comprising 14% of all defendants finalised nationally.

Of the 67,712 defendants finalised who had charges adjudicated:

• 66,915 (99%) had a guilty outcome
• 798 (1%) were acquitted

 A further 2,455 defendants had their matters withdrawn by the prosecution.

For the 70,784 defendants finalised:

• The rate of defendants finalised was 3,039 per 100,000 persons (aged 10 years and over)
• The median age of defendants was 33 years
• Nearly three-quarters (73%) of defendants were male (51,685 defendants)

Sixty eight per cent of defendants finalised had one of the following principal offences:

• Traffic and vehicle regulatory offences – 38% or 26,741 defendants
• Illicit drug offences – 12% or 8,821 defendants
• Offences against justice – 9% or 6,635 defendants
• Acts intended to cause injury, including assault – 9% or 6,248 defendants

Of the 66,915 defendants with a guilty outcome, most (90% or 60,126) were sentenced to a non-custodial order.

For defendants with a guilty outcome sentenced to a non-custodial order:

• 54,352 received a fine as their principal sentence
• The median fine amount was $500

For the 10% (6,783) of defendants with a guilty outcome sentenced to a custodial order:

• Over half were sentenced to custody in a correctional institution (3,930 defendants)
• The median sentence length was 9 months for custody in a correctional institution

There were 10,897 defendants finalised in Tasmania, comprising 2% of all defendants finalised nationally.

Of the 10,757 defendants finalised who had charges adjudicated:

• 8,623 (80%) had a guilty outcome
• 2,131 (20%) were acquitted

 A further 111 defendants had their matters withdrawn by the prosecution.

For the 10,897 defendants finalised:

• The rate of defendants finalised was 2,265 per 100,000 persons (aged 10 years and over)
• The median age of defendants was 32 years
• Just over three-quarters (76%) of defendants were male (8,321 defendants)

Nearly two thirds (63%) of defendants finalised had one of the following principal offences:

• Traffic and vehicle regulatory offences – 35% or 3,769 defendants
• Acts intended to cause injury, including assault – 18% or 2,002 defendants
• Offences against justice – 10% or 1,109 defendants

Of the 8,623 defendants with a guilty outcome, most (77% or 6,627 defendants) were sentenced to a non-custodial order.

For defendants with a guilty outcome sentenced to a non-custodial order:

• 4,598 received a fine as their principal sentence
• The median fine amount was $500

For the 23% (1,951) of defendants with a guilty outcome sentenced to a custodial order:

• 899 defendants had a fully suspended sentence and a further 896 were sentenced to custody in a correctional institution
• The median sentence length was 4 months for custody in a correctional institution

There were 9,910 defendants finalised in the Northern Territory, comprising 2% of defendants finalised nationally.

Of the 8,905 defendants finalised with charges adjudicated:

• 8,652 (97%) had a guilty outcome
• 250 (3%) were acquitted

 A further 1,006 defendants had their matters withdrawn by the prosecution.

For the 9,910 defendants finalised:

• The rate of defendants finalised was 4,624 per 100,000 persons (aged 10 years and over)
• The median age of defendants was 32 years
• More than three-quarters (77%) of defendants were male

More than two thirds (69%) of the defendants finalised had one of the following principal offences:

• Traffic and vehicle regulatory offences – 31% or 3,024 defendants
• Acts intended to cause injury, including assault – 27% or 2,636 defendants
• Offences against justice – 12% or 1,154 defendants

Of the 8,652 defendants with a guilty outcome, 53% (4,603) were sentenced to a non-custodial order.

For defendants with a guilty outcome sentenced to a non-custodial order:

• 3,278 received a fine as their principal sentence
• The median fine amount was $870

For the 47% (4,029) of defendants with a guilty outcome sentenced to a custodial order:

• The majority were sentenced to custody in a correctional institution (3,353 defendants)
• The median sentence length was 4 months for custody in a correctional institution

There were 5,637 defendants finalised in the Australian Capital Territory, comprising 1% of defendants finalised nationally.

Of the 5,258 defendants finalised with charges adjudicated:

• 3,516 (67%) had a guilty outcome
• 1,735 (33%) were acquitted

 A further 361 defendants had their matters withdrawn by the prosecution.

For the 5,637 defendants finalised:

• The rate of defendants finalised was 1,487 per 100,000 persons (aged 10 years and over)
• The median age of defendants was 33 years
• Sixty per cent of defendants (3,373) were male

More than three quarters (76%) of the defendants finalised had one of the following principal offences:

• Traffic and vehicle regulatory offences – 65% or 3,681 defendants
• Acts intended to cause injury, including assault – 11% or 619 defendants

Of the 3,516 defendants with a guilty outcome, 81% (2,848) were sentenced to a non-custodial order.

For defendants with a guilty outcome sentenced to a non-custodial order:

• 1,462 received a fine as their principal sentence
• The median fine amount was $400

For the 19% (667) of defendants with a guilty outcome sentenced to a custodial order:

• The majority were sentenced to custody in a correctional institution (416 defendants)
• The median sentence length was 4 months for custody in a correctional institution

These experimental family and domestic violence (FDV) statistics include all defendants finalised during 2020–21 who had at least one FDV-related offence, noting that these defendants may have also been finalised for other non-FDV offences during the period. For these statistics, an FDV-related offence includes Homicide and related offences, Acts intended to cause injury (such as assault), Sexual assault and related offences, Abduction/harassment, Property damage, Breach of violence order, and Other dangerous or negligent acts.

This release is the second time national FDV data has been published and hence the first year that time-series data are available. It should be noted that both the 2019–20 and 2020–21 datasets were impacted by the COVID-19 pandemic and hence changes may reflect these impacts rather than, for example, crime rates or sentencing changes.

For more information on how defendants and offences in each state and territory are identified or classified as ‘FDV’, including how information is recorded by police and transferred to the courts, refer to Methodology.

In 2020–21, there were 77,545 defendants finalised with at least one FDV-related offence¹. Most of these defendants were finalised in the Magistrates’ Court (94% of FDV defendants finalised), with 3% finalised in the Higher Courts and 3% in the Children’s Court.

Eighty-two per cent of FDV defendants were male (63,296 defendants) and 18% were female (14,211).  The median age remained stable at 34 years.

Of the 67,248 defendants finalised with charges adjudicated:

• 62,853 (93%) had a guilty outcome
• 4,393 (7%) were acquitted

A further 10,106 had their matters withdrawn by the prosecution.

Two principal offence types comprised the vast majority of FDV cases:

• Acts intended to cause injury – 37,882 FDV defendants (49% of FDV defendants), including 31,491 with a principal offence of assault
• Breach of violence orders – 30,654 FDV defendants (40% of FDV defendants)

There were 1,543 FDV defendants (2%) with a principal offence of Sexual assault and related offences, and 90 (less than one per cent) with a principal offence of Homicide – including murder, attempted murder, manslaughter and driving causing death.

Of the 62,853 FDV defendants with a guilty outcome:

• 72% (45,190 defendants) were sentenced to non-custodial orders including community supervision or work (12,949 defendants), monetary orders (15,797 defendants) and other non-custodial orders (16,444 defendants)
• 28% (17,651) were sentenced to a custodial order, most commonly custody in a correctional institution (21% or 12,931 defendants)

Of the 28,822 FDV defendants adjudicated with at least one FDV offence¹ in New South Wales:

• 89% (25,675 defendants) had a guilty outcome
• 11% (3,147 defendants) were acquitted of all FDV-related offences

A further 4,077 defendants finalised had their charges withdrawn by the prosecution.

The majority of the 32,995 FDV defendants finalised:

• Were male (79% or 26,016 defendants)
• Had a principal FDV offence of assault (50% or 16,519 defendants) or breach of violence order (21% or 6,839 defendants)

Of the 25,675 FDV defendants with a guilty outcome:

• 79% were sentenced to a non-custodial order (20,245 defendants)
• 21% were sentenced to a custodial order (5,430 defendants), most commonly custody in a correctional institution (3,404 defendants)

Of the 10,357 FDV defendants adjudicated with at least one FDV offence¹ in Victoria:

• Almost all defendants (10,318) had a guilty outcome
• Less than one per cent (39 defendants) were acquitted of all FDV-related offences

A further 1,933 defendants finalised had their charges withdrawn by the prosecution.

The majority of the 12,293 FDV defendants finalised:

• Were male (83% or 10,221 defendants)
• Had a principal FDV offence of assault (44% or 5,405 defendants) or breach of violence order (34% or 4,139 defendants)

Of the 10,318 FDV defendants with a guilty outcome:

• 80% were sentenced to a non-custodial order (8,210 defendants)
• 20% were sentenced to a custodial order (2,107 defendants), most commonly custody in a correctional institution (2,033 defendants)

Of the 16,733 FDV defendants adjudicated with at least one FDV offence¹ in Queensland:

• 99% (16,511 defendants) had a guilty outcome
• 1% (222 defendants) were acquitted of all FDV-related offences

A further 1,655 defendants finalised had their charges withdrawn by the prosecution.

The majority of the 18,436 FDV defendants finalised:

• Were male (83% or 15,378 defendants)
• Had a principal FDV offence of assault (14% or 2,582 defendants) or breach of violence order (79% or 14,474 defendants)

Of the 16,511 FDV defendants with a guilty outcome:

• 66% were sentenced to a non-custodial order (10,835 defendants)
• 34% were sentenced to a custodial order (5,676 defendants), most commonly custody in a correctional institution (4,102 defendants)

Of the 1,197 FDV defendants adjudicated with at least one FDV offence¹ in South Australia:

• 98% (1,170 defendants) had a guilty outcome
• 2% (27 defendants) were acquitted of all FDV-related offences

A further 1,527 defendants finalised had their charges withdrawn by the prosecution.

The majority of the 2,731 FDV defendants finalised:

• Were male (90% or 2,454 defendants)
• Had a principal FDV offence of assault (60% or 1,637 defendants) or breach of violence order (30% or 817 defendants)

Of the 1,170 FDV defendants with a guilty outcome:

• 53% were sentenced to a non-custodial order (619 defendants)
• 47% were sentenced to a custodial order (551 defendants), most commonly custody in a correctional institution (407 defendants)

Of the 4,754 FDV defendants adjudicated with at least one FDV offence¹ in Western Australia:

• 95% (4,526 defendants) had a guilty outcome
• 5% (228 defendants) were acquitted of all FDV-related offences

A further 501 defendants finalised had their charges withdrawn by the prosecution.

The majority of the 5,282 FDV defendants finalised:

• Were male (84% or 4,442 defendants)
• Had a principal FDV offence of assault (38% or 1,996 defendants) or breach of violence order (47% or 2,488 defendants)

Of the 4,526 FDV defendants with a guilty outcome:

• 75% were sentenced to a non-custodial order (3,417 defendants)
• 25% were sentenced to a custodial order (1,109 defendants), most commonly custody in a correctional institution (603 defendants)

Of the 1,787 FDV defendants adjudicated with at least one FDV offence¹ in Tasmania:

• 71% (1,274 defendants) had a guilty outcome
• 29% (513 defendants) were acquitted of all FDV-related offences

A further 25 defendants finalised had their charges withdrawn by the prosecution.

The majority of the 1,821 FDV defendants finalised:

• Were male (83% or 1,507 defendants)
• Had a principal FDV offence of assault (53% or 962 defendants) or breach of violence order (36% or 663 defendants)

Of the 1,274 FDV defendants with a guilty outcome:

• 66% were sentenced to a non-custodial order (841 defendants)
• 33% were sentenced to a custodial order (425 defendants), most commonly custody in a correctional institution (270 defendants)

Of the 3,055 FDV defendants adjudicated with at least one FDV offence¹ in the Northern Territory:

• 96% (2,944 defendants) had a guilty outcome
• 4% (111 defendants) were acquitted of all FDV-related offences

A further 316 defendants finalised had their charges withdrawn by the prosecution.

The majority of the 3,371 FDV defendants finalised:

• Were male (83% or 2,787 defendants)
• Had a principal FDV offence of assault (61% or 2,059 defendants) or breach of violence order (33% or 1,097 defendants)

Of the 2,944 FDV defendants with a guilty outcome:

• 25% were sentenced to a non-custodial order (731 defendants)
• 75% were sentenced to a custodial order (2,210 defendants), most commonly custody in a correctional institution (2,018 defendants)

Of the 543 FDV defendants adjudicated with at least one FDV offence¹ in the Australian Capital Territory:

• 80% (435 defendants) had a guilty outcome
• 20% (106 defendants) were acquitted of all FDV-related offences

A further 72 defendants finalised had their charges withdrawn by the prosecution.

The majority of the 616 FDV defendants finalised:

• Were male (80% or 491 defendants)
• Had a principal FDV offence of assault (54% or 331 defendants) or breach of violence order (22% or 137 defendants)

Of the 435 FDV defendants with a guilty outcome:

• 67% were sentenced to a non-custodial order (292 defendants)
• 33% were sentenced to a custodial order (143 defendants), most commonly custody in a correctional institution (94 defendants)

During 2020–21, there were 43,294 defendants finalised with at least one FDV-related breach of violence order offence, regardless of whether the breach offence was the most serious FDV-related offence for the defendant. 

A breach of violence order was the principal FDV offence for 30,654 of these defendants (71%), with the remainder having at least one more serious FDV offence finalised at the same time.

This release previously used catalogue number 4513.0.