The COVID-19 pandemic resulted in restrictions that affected the volume of defendants finalised in the Criminal Courts, and this should be considered when comparing the data for 2022–23 to earlier years. In addition, courts continued to resolve backlogs created or compounded by such restrictions which caused case finalisations to be delayed.
Criminal Courts, Australia
Latest release
National statistics about defendants dealt with by criminal courts including demographic, offence, outcome and sentence information
Reference period
2022-23 financial year
Released
15/03/2024
Key statistics
- 533,971 defendants finalised in Criminal Courts in 2022–23, up 9%
- Traffic and vehicle offences accounted for 35%, followed by acts intended to cause injury (16%)
- Most judgements resulted in a guilty outcome (97%)
- Over half of those with a guilty outcome received a fine (53%)
- 9% were sentenced to custody in correctional institution
Impact of COVID-19 on data
Defendants in Australian Courts
There was a total of 533,971 defendants finalised across all Criminal Court levels in Australia, an increase of 9% (45,035) from the previous year. Of these defendants:
- Most had their case heard in the Magistrates’ courts (92%)
- The majority (75%) were male
- Youth defendants aged 10 to 17 years accounted for 4%
Principal offence
In 2022–23, the most common principal offences were:
- Traffic and vehicle regulatory offences – 35% or 189,089 defendants
- Acts intended to cause injury (mostly assault) – 16% or 84,815 defendants
- Offences against justice (such as breach of violence or non-violence orders) – 10% or 51,148 defendants
- Illicit drugs offences – 8% or 41,940 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, 03–09, 11–13 and 16 and defendants for whom a principal offence could not be determined.
Data Source
Between 2021–22 and 2022–23, the number of defendants increased across all principal offence divisions, except for miscellaneous offences (down 16% or 2,169 defendants) and illicit drugs (down 4% or 1,727 defendants).
There was a 17% increase in defendants of acts intended to cause injury (up 12,082 defendants). This resulted in the highest number of defendants with this offence since 2010–11.
(a) Excludes defendants finalised by transfer to other court levels.
Data Source
Court outcomes
Of the defendants whose charges resulted in a court judgement, most (97% or 466,453) had a guilty outcome. Of these defendants:
- Over half (53% or 249,325) received a fine as their principal sentence
- 9% (or 43,073) were sentenced to custody in a correctional institution
The proportion of defendants with a guilty outcome for acts intended to cause injury was slightly lower, at 90% (61,860) of those receiving a judgement, with one in five (20%) of these defendants being sentenced to custody in a correctional institution.
Aboriginal and Torres Strait Islander defendants
Data about Aboriginal and Torres Strait Islander defendants is included for selected states and territories meeting ABS standards for inclusion in national reporting.
Defendants with a traffic-related principal offence are excluded, due to the high proportion with Indigenous status not stated.
Data on Aboriginal and Torres Strait Islander 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.
From 2021–22 to 2022–23, increases in the number of Aboriginal and Torres Strait Islander defendants were recorded in:
- New South Wales, up 33% (5,361)
- Queensland, up 9% (1,830)
- Northern Territory, up 17% (846)
- South Australia, up 8% (369)
Decreases were recorded in:
- Australian Capital Territory, down 17% (59)
- Tasmania, down 4% (44)
(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 (see Methodology, Indigenous status section).
Data Source
The majority of Aboriginal and Torres Strait Islander defendants were male (at least 70% across each of the selected states and territories for which Indigenous status is available).
Principal offence
Acts intended to cause injury (mostly assault) was the most common principal offence for Aboriginal and Torres Strait Islander defendants across most states and territories, ranging from 31% in Tasmania to 45% in the Northern Territory.
Queensland was the only state where the most common principal offence for Aboriginal and Torres Strait Islander defendants was offences against justice (24%).
Court outcomes
The majority of Aboriginal and Torres Strait Islander defendants receiving a judgement had a guilty outcome, ranging from 73% in Tasmania to 99% in Queensland. For these defendants:
- A sentence of custody in a correctional institution was more common in the Northern Territory (64% of defendants with a guilty outcome), South Australia (42%) and the Australian Capital Territory (40%)
- For Queensland and Tasmania, the most common sentence was a fine (34% and 31%)
- For New South Wales the most common sentence was moderate penalty in the community (25%)
Youth defendants
There were 23,254 youth defendants aged 10–17 years finalised in 2022–23. This accounted for 4% of total defendants nationally. The median age of these defendants was 16 years, and almost three-quarters (74%) were male.
Since 2010–11, the number of youth defendants in court has decreased by 35%. The decline has been more pronounced in male youth defendants (down 39%) than females (down 22%).
(a) Youth defendants are aged between 10 and 17 years at the time of finalisation. (b) Excludes defendants finalised by transfer to other court levels.
Data Source
Principal offence
More than half (58%) of youth defendants had one of the following principal offences:
- Acts intended to cause injury – 25% or 5,856 defendants
- Theft – 18% or 4,095 defendants
- Unlawful entry with intent – 16% or 3,631 defendants
Court outcomes
Of the youth defendants whose charges resulted in a court judgement, most (93% or 16,978) had a guilty outcome. Of these defendants, the majority (80%) received a principal sentence of:
- Nominal and other penalties (such as drivers licence disqualification and forfeiture of property) – 45% or 7,670 defendants
- Moderate penalty in the community – 19% or 3,150 defendants
- Good behaviour order – 16% or 2,711 defendants
A further 4% (761) were sentenced to juvenile detention.
States and territories
New South Wales
Victoria
Queensland
South Australia
Western Australia
Tasmania
Northern Territory
Australian Capital Territory
Experimental family and domestic violence statistics
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.
Charges may be identified as FDV by courts, police, or by the legislation for the offence. Caution should be used when making comparisons across states and territories, as there are differences in definitions as well as other factors.
Read more in Methodology, Family and domestic violence statistics section.
In 2022–23, there were 99,932 defendants nationally with at least one FDV-related offence. Of these defendants:
- Most (94% or 94,023 defendants) were heard in the Magistrates’ Courts
- Four in five were male (80% or 80,195 defendants)
- The median age of defendants was 36 years
Principal FDV offence
In 2022–23, the most common offences for FDV defendants were:
- Assault – 41% or 41,379 defendants
- Breach of violence order – 39% or 38,760
- Stalking, harassment or threatening behaviour – 10% or 9,885
- Property damage – 7% or 7,285
(a) Defendants have been determined to be FDV where a selected offence has been assigned a police initiated FDV flag, or courts initiated FDV indicator. (b) Excludes transfers to other court levels. (c) FDV offences have been limited to particular person and property offences most commonly associated with FDV. For more information see Methodology, Family and Domestic Violence statistics section.
Data Source
Court outcomes
Of the 83,603 FDV defendants receiving a court judgement, most (94% or 78,259) had a guilty outcome. For these defendants:
- A fine was the most common sentence (25% or 19,559)
- 19% (15,033) were sentenced to custody in a correctional institution
- 19% (14,872) were sentenced to an order of good behaviour
New South Wales
There were 37,659 defendants with at least one FDV offence in New South Wales courts in 2022–23. The most common principal offence was assault (50% or 18,642 defendants), and most FDV defendants were male (77% or 28,844).
The majority of defendants who received a court judgement had a guilty outcome (87% or 27,469). Of these guilty defendants:
- 31% (8,564 defendants) were sentenced to a moderate penalty in the community
- 25% (6,994) received orders of good behaviour
- 14% (3,938) received a fine
Victoria
There were 21,589 defendants with at least one FDV offence in Victorian courts in 2022–23. The most common principal offence was assault (45% or 9,735 defendants), and most FDV defendants were male (81% or 17,593).
Almost all defendants who received a court judgment had a guilty outcome (99% or 17,020). Of these guilty defendants:
- 32% (5,452 defendants) received orders of good behaviour
- 23% (3,981) received a fine
- 18% (3,136) were sentenced to nominal and other penalties (such as licence disqualification or forfeiture of property)
- 12% (2,608) were sentenced to custody in a correctional institution
Queensland
There were 22,931 defendants with at least one FDV offence in Queensland courts in 2022–23. The most common principal offence was a breach of violence order (74% or 16,933), and most FDV defendants were male (83% or 18,972).
The majority of defendants who received a court judgement had a guilty outcome (99% or 20,623). Of these guilty defendants:
- 33% (6,872 defendants) received a fine
- 25% (5,233) were sentenced to custody in a correctional institution
- 17% (3,418) were sentenced to a moderate penalty in the community
South Australia
There were 3,711 defendants with at least one FDV offence in South Australian courts in 2022–23.
The most common principal offence was assault (68% or 2,526 defendants), and most FDV defendants were male (87% or 3,235).
The majority of defendants who received a court judgement had a guilty outcome (96% or 1,363 defendants). Of these guilty defendants:
- 46% (627 defendants) were sentenced to custody in a correctional institution
- 19% (262) received an order of good behaviour
- 10% (139) were sentenced to nominal and other penalties (such as licence disqualification or forfeiture of property)
Western Australia
There were 7,999 defendants with at least one FDV offence in Western Australian courts in 2022–23. The most common principal offence was a breach of violence order (50% or 4,015 defendants), and most FDV defendants were male (82% or 6,592).
The majority of defendants who received a court judgement had a guilty outcome (96% or 6,790). Of these guilty defendants:
- 59% (4,038 defendants) received a fine
- 11% (776) were sentenced to a moderate penalty in the community
- 11% (734) were sentenced to custody in a correctional institution
Tasmania
There were 1,582 defendants with at least one FDV offence in Tasmanian courts in 2022–23. The most common principal offence was assault (50% or 798 defendants), and most FDV defendants were male (81% or 1,278).
The majority of defendants who received a court judgement had a guilty outcome (76% or 1,195). Of these guilty defendants:
- 31% (370 defendants) received a fine
- 23% (269) were sentenced to an order of good behaviour
- 22% (265) were sentenced to custody in a correctional institution
Northern Territory
There were 3,704 defendants with at least one FDV offence in Northern Territory courts in 2022–23. The most common principal offence was assault (61% or 2,277 defendants), and most FDV defendants were male (83% or 3,085).
The majority of defendants who received a court judgement had a guilty outcome (98% or 3,329 defendants). Of these guilty defendants:
- 71% (2,368 defendants) were sentenced to custody in a correctional institution
- 12% (408) were sentenced to an order of good behaviour
- 7% (238) received a fine
Australian Capital Territory
There were 757 defendants with at least one FDV offence in Australian Capital Territory courts in 2022–23. The most common principal offence was assault (56% or 423 defendants), and most FDV defendants were male (79% or 596).
The majority of defendants who received a court judgement had a guilty outcome (78% or 470 defendants). Of these guilty defendants:
- 40% (186 defendants) were sentenced to an order of good behaviour
- 23% (109) were sentenced to custody in a correctional institution
- 12% (57) received a fine
FDV Breach of violence order offences
This section presents data on all defendants with an FDV-related breach of violence order, regardless of whether this was their most serious (principal) FDV-related offence.
Read more in Methodology, Family and domestic violence statistics section.
During 2022–23 there were 55,397 defendants in court for breaching an FDV-related violence order.
Most of these defendants were male (83%) and the median age was 36 years.
The majority (97% or 48,425) of defendants who received a court judgement had a guilty outcome. Of these guilty defendants:
- 31% (14,792 defendants) received a fine
- 21% (10,131) were sentenced to custody in a correctional institution
- 16% (7,655) were sentenced to a moderate penalty in the community
Previous catalogue number
This release previously used catalogue number 4513.0.
Data downloads
Data cubes
Data files
Guide to finding data in the Criminal Courts tables, 2022-23
1. Defendants finalised, Australia (Tables 1 to 6)
2. Defendants with a guilty outcome, Australia (Tables 7 to 11)
3. Indigenous status, selected states and territories (Tables 12 to 15)
4. Defendants finalised, New South Wales (Tables 16 to 20)
5. Defendants finalised, Victoria (Tables 21 to 25)
6. Defendants finalised, Queensland (Tables 26 to 30)
7. Defendants finalised, South Australia (Tables 31 to 35)
8. Defendants finalised, Western Australia (Tables 36 to 40)
9. Defendants finalised, Tasmania (Tables 41 to 45)
10. Defendants finalised, Northern Territory (Tables 46 to 50)
11. Defendants finalised, Australian Capital Territory (Tables 51 to 55)
12. Rate of defendants finalised, Australia (Tables 56 to 64)
13. Sentence length and fine amount, Australia (Tables 65 to 72)
14. Youth defendants, Australia (Tables 73 to 80)
15. Family and Domestic Violence order breaches, Experimental data (FDV Tables 1 to 13)
16. Family and Domestic Violence order breaches, Experimental data (FDV Tables 14 to 22)
Post release changes
3 April 2024: Data relating to sentence length and fine amount (Datacube 13 and table 80) have been included.
Methodology
Scope
Defendants (persons or organisations) whose case was finalised in criminal courts during the financial year 2022–23. Each case separately finalised will be counted. Tables exclude transfers of cases between court levels, unless specified.
Geography
Data are available for states and territories, and Australia.
Source
Administrative data is supplied to the ABS by courts administration agencies or statistical agencies in each state and territory.
Collection method
Administrative data for all finalised criminal court defendants in the Higher (Supreme and District/County courts) Magistrates’ and Children’s Courts, are collected annually at the completion of each financial year.
Concepts, sources and methods
- Offences – coded to the Australian and New Zealand Standard Offence Classification, 2011 (ANZSOC).
- Court outcomes – coded to the Method of finalisation classification.
- Penalties – coded to the Sentence type classification 2023.
History of changes
- The Sentence type classification has been updated. This has been applied at a broad level to earlier years (where possible); any issues in consistency have been noted.
- A data cube for youth defendants (aged 10 to 17 years) has been introduced.