Criminal Courts, Australia

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National statistics about defendants dealt with by criminal courts including demographic, offence, outcome and sentence information

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Reference period
2021-22 financial year
Released
3/03/2023
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Key statistics

  • 488,936 defendants in 2021–22, down 4% from the previous year

  • Traffic offences accounted for a third of defendants (35%)

  • Most judgements resulted in a guilty outcome (97%)

  • Over half of those with a guilty outcome received a fine (55%)

 

Impact of COVID-19 on data

The COVID-19 pandemic resulted in restrictions that affected the volume of defendants finalised in the Criminal Courts over recent years. This context should be considered when comparing the Criminal Courts data for 2021–22 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 relatively small as most offences were dealt with by infringement notices outside the criminal courts system. Data on offenders charged against COVID-19 legislation is available in Recorded Crime – Offenders.

 

Defendants in Australian Courts

This section presents information about defendants finalised in Australian state and territory Criminal Courts between 1 July 2021 and 30 June 2022. Defendants may appear in two court levels for the same charge, such as those committed from a Magistrates court to a Higher court for trial or sentencing, however in the statistics presented only the latter finalisation (excluding transfers to other court levels) is included to avoid double counting.

Read more in Methodology, Transfers section.

There was a total of 488,936 defendants across all Criminal Court levels in Australia in 2021–22, a decrease of 4% (19,812) from the previous year. Most had their matter finalised in a Magistrates court (92%).

 

Principal offence

In 2021–22, the most common principal offences for defendants were:

  • Traffic and vehicle regulatory offences – 35% or 168,722 defendants
  • Acts intended to cause injury (mostly assault) – 15% or 72,733 defendants
  • Offences against justice (mostly breach of family and domestic violence or non-violence orders) – 10% or 47,658 defendants
  • Illicit drug offences – 9% or 43,667 defendants

 

(a) Excludes defendants finalised by transfer to other court levels. (b) Data may be impacted by changes to the management of infringement notices in some states and territories from 2014–15 (see Methodology, State and territory notes).  (c) Includes defendants with a principal offence in ANZSOC Divisions 01, 03–07, 09, 11–13 and 16 and defendants for whom a principal offence could not be determined.

Data Source
Australian Bureau of Statistics, Criminal Courts, Australia, 2021–22 financial …

Between 2020–21 and 2021–22, the number of defendants with a principal offence of illicit drugs decreased by 22% (12,306 defendants).

 

Court outcomes

Of the defendants whose charges resulted in a court judgement (adjudicated), 97% (429,024) had a guilty outcome.

  • Over half (56% or 239,091) of guilty defendants received a monetary order (mostly fines) as their principal sentence – with a median fine amount of $500
  • 10% (41,239) of those guilty were sentenced to custody in a correctional institution
  • The median length of custody in a correctional institution was 8 months

 

(a) Includes licence disqualification/suspension/amendment, forfeiture of property order, nominal penalty and other non-custodial orders n.e.c.

Data Source
Australian Bureau of Statistics, Criminal Courts, Australia, 2021–22 financial …

Aboriginal and Torres Strait Islander defendants

This section presents data on the Indigenous status of defendants finalised in the criminal courts of New South Wales, Queensland, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory. This is the first time data for Tasmania and the Australian Capital Territory have been included.

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. Defendants may appear in two court levels for the same charge, such as those committed from the Magistrates’ court to a Higher court for trial or sentencing, however in the statistics presented here, only the latter finalisation (excluding transfers) is included to avoid double counting.

The proportion of Criminal Courts defendants who identified as Aboriginal and Torres Strait Islander in 2021–22 varied widely across states and territories, from 86% in the Northern Territory to 8% in the Australian Capital Territory. Data on Indigenous defendants should be considered in the context of the broader state or territory population profile, differing age structures and the proportion of defendants with indigenous status not stated.

Read more in Methodology, Indigenous status section.

In 2021–22 the median age of Aboriginal and Torres Strait Islander defendants ranged from 29 years in Queensland to 33 years in South Australia, and the majority of defendants were male (at least 70%).

 

Principal offence

Acts intended to cause injury (largely assault) was the most common principal offence of Aboriginal and Torres Strait Islander defendants, except in Queensland where it was Offences against justice.

 

(a) Excludes transfers to other court levels, organisations and defendants with a principal offence in ANZSOC Sub-division 041 Dangerous or negligent operation of a vehicle and ANZSOC Division 14 Traffic and vehicle regulatory offences. Data is only available for selected states and territories as shown (see Methodology, Indigenous status).  (b) NSW data may be overstated (see Methodology, State and territory notes).  (c) Excludes ANZSOC Groups 1512 – Breach of home detention, 1513 – Breach of suspended sentence, and Subdivision 152 – Breach of community-based order. (d) Experimental data (see Methodology).

Data Source
Australian Bureau of Statistics, Criminal Courts, Australia, 2021–22 financial …

Court outcomes

The majority of Aboriginal and Torres Strait Islander defendants had a guilty outcome.

For those with a guilty outcome:

  • A sentence of custody in a correctional institution was more common in the Northern Territory (66%) and South Australia (43%)

  • For the Australian Capital Territory, custody in a correctional institution and monetary orders both accounted for 28% of Indigenous defendants with a guilty outcome

  • For other jurisdictions the most common sentence was a monetary order, accounting for 26% in New South Wales, 33% in Tasmania and 36% in Queensland

 

States and territories

New South Wales

Victoria

Queensland

South Australia

Western Australia

Tasmania

Northern Territory

Australian Capital Territory

Experimental family and domestic violence statistics

The experimental family and domestic violence (FDV) statistics presented here include defendants finalised during 2021–22 who had at least one FDV-related offence. 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.

National FDV data is available from 2019–20, although it should be noted that court operations in all three years were impacted by the COVID-19 pandemic and changes may reflect these impacts rather than, for example, crime rates or sentencing changes. For some states, there has also been substantial improvements in the identification of FDV-related offences over this period, which has increased counts of defendants. For more information on how defendants and offences in each state and territory are identified as ‘FDV’, refer to Methodology, Family and domestic violence statistics section.

Defendants may appear in two court levels for the same charge, such as those committed from the Magistrates’ court to a Higher court for trial or sentencing, however in the statistics presented here, only the latter finalisation (excluding transfers) is included to avoid double counting.

Read more in Methodology, Family and domestic violence statistics section.

FDV defendants

In 2021–22, there were 83,849 defendants with at least one FDV-related offence. Most cases (93% or 78,274 defendants) were heard in the Magistrates’ Court.

Of defendants facing FDV charges, four in five were male (81% or 67,970 defendants), with a median age of 36 years.

 

 

Principal FDV offence

In 2021–22, there were 33,892 defendants with a principal FDV offence of assault (accounting for 40% of FDV defendants). Breach of violence orders was the most serious offence for a further 40% (33,623) of defendants, and 9% (7,919) were charged with stalking, harassment or threatening behaviour.

 

(a) Excludes transfers to other court levels. (b) Stalking, harassment and threatening behaviour ANZSOC offences have been combined see Methodology.

 

Data Source
Australian Bureau of Statistics, Criminal Courts, Australia, 2021–22 financial …

Court outcomes

Of the 71,760 defendants on FDV-related charges which received a court judgement (adjudicated), most (94% or 67,623) had a guilty outcome. For these defendants:

  • A monetary order was the most common (27% or 18,328)
  • 20% (13,521 defendants) were sentenced to custody in a correctional institution
  • 18% (12,499) were sentenced to community supervision/work orders

 

New South Wales

There were 30,396 defendants with at least one FDV offence in New South Wales, of which the most common principal offence was assault (48% or 14,464 defendants). Most FDV defendants were male (78% or 23,566).

The majority of defendants who received a judgement on FDV-related charges had a guilty outcome (89% or 23,917).  Of the guilty FDV defendants:

  • 26% (6,132 defendants) were sentenced to a community supervision/work order
  • 19% (4,450) received a monetary order as their principal sentence
  • 14% (3,234) were sentenced to custody in a correctional institution

 

Victoria

There were 17,944 defendants with at least one FDV offence in Victoria, of which the most common principal offence was assault (46% or 8,180 defendants). Most FDV defendants were male (82% or 14,691).

Almost all defendants who received a court judgment on FDV-related charges had a guilty outcome (99% or 14,409). Of the guilty FDV defendants:

  • 26% (3,689 defendants) received a monetary order as their principal sentence
  • 15% (2,105 defendants) were sentenced to custody in a correctional institution
  • 13% (1,825) were sentenced to a community supervision/work order

 

Queensland

There were 19,486 defendants with at least one FDV offence in Queensland, of which the most common principal offence was a breach of violence order (75% or 14,681). Most FDV defendants were male (83% or 16,244).

The majority of defendants who received a court judgement on FDV related charges had a guilty outcome (99% or 17,521). Of the guilty FDV defendants:

  • 33% (5,849 defendants) received a monetary order as their principal sentence
  • 26% (4,482 defendants) were sentenced to custody in a correctional institution
  • 19% (3,330) were sentenced to a community supervision/work order

 

South Australia

There were 3,679 defendants with at least one FDV offence in South Australia, of which the most common principal offence was assault (71% or 2,598 defendants). Most FDV defendants were male (88% or 3,253).

The majority of defendants who received a court judgement on FDV-related charges had a guilty outcome (98% or 1,471 defendants). Of the guilty FDV defendants:

  • 43% (629 defendants) were sentenced to custody in a correctional institution
  • 9% (130 defendants) received a monetary order as their principal sentence
  • 3% (50 defendants) were sentenced to a community supervision/work order

 

Western Australia

There were 6,935 defendants with at least one FDV offence in Western Australia, of which the most common principal offence was a breach of violence order (53% or 3,669 defendants). Most FDV defendants were male (82% or 5,716).  

The majority of defendants who received a court judgement on FDV-related charges had a guilty outcome (96% or 5,923). Of the guilty FDV defendants:

  • 60% (3,583 defendants) received a monetary order as their principal sentence
  • 17% (992 defendants) were sentenced to a community supervision/work order
  • 11% (679 defendants) were sentenced to custody in a correctional institution

 

​​​​​​​Tasmania

There were 1,715 defendants with at least one FDV offence in Tasmania, of which the most common principal offence was assault (51% or 881 defendants).  Most FDV defendants were male (82% or 1,401).

The majority of defendants who received a court judgement on FDV-related charges had a guilty outcome (70% or 1,175). Of the guilty FDV defendants:

  • 28% (332 defendants) received a monetary order as their principal sentence
  • 22% (260 defendants) were sentenced to custody in a correctional institution
  • 12% (139 defendants) were sentenced to a community supervision/work order

 

Northern Territory

There were 3,107 defendants with at least one FDV offence in the Northern Territory, of which the most common principal offence was assault (61% or 1,880 defendants).  Most FDV defendants were male (84% or 2,612).

The majority of defendants who received a court judgement on FDV-related charges had a guilty outcome (98% or 2,797 defendants). Of the guilty FDV defendants:

  • 73% (2,039 defendants) were sentenced to custody in a correctional institution
  • 8% (219 defendants) received a monetary order as their principal sentence
  • 1% (29 defendants) were sentenced to a community supervision/work order

 

Australian Capital Territory

There were 587 defendants with at least one FDV offence in the Australian Capital Territory, of which the most common principal offence was assault (50% or 294 defendants).  Most FDV defendants were male (83% or 487).

The majority of defendants who received a court judgement on FDV-related charges had a guilty outcome (82% or 410 defendants). Of the guilty FDV defendants:

  • 23% (93 defendants) were sentenced to custody in a correctional institution
  • 19% (76 defendants) received a monetary order as their principal sentence

 

FDV Breach of violence order offences

This section presents data on all defendants with a FDV-related breach of violence order, regardless of whether this was their most serious (principal) FDV-related offence. Defendants may appear in two court levels for the same charge, such as those committed from the Magistrates’ court to a Higher court for trial or sentencing, however in the statistics presented here, only the latter finalisation (excluding transfers) is included to avoid double counting.

Read more in Methodology, Family and domestic violence statistics section.

During 2021–22 there were 47,627 defendants in court for breaching an FDV-related violence order. 

Most defendants breaching a FDV-related violence order were male (83%) and the median age was 36 years.

The majority of defendants who received a court judgement on breaching a FDV-related violence order had a guilty outcome (97% or 42,171). Of the defendants guilty of such breaches:

  • 32% (13,334 defendants) received a fine as their principal sentence
  • 21% (8,988 defendants) were sentenced to custody in a correctional institution

Previous catalogue number

This release previously used catalogue number 4513.0.
 

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Criminal Courts, Australia methodology, 2021-22 financial year

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