Statistics about the number of defendants with federal offences dealt with by the Higher, Magistrates' and Children's criminal courts
During 2018–19:
There were 10,162 federal defendants finalised in 2018–19, a decrease of 18% (2,242) from the previous year. This represents around 2% of total defendants finalised (576,101) in Australia’s state and territory criminal courts over the same period, as reported in Criminal Courts, Australia, 2018–19 (cat no. 4513.0).
Summary characteristics relating to federal defendants finalised are presented below.
| Demographics | % finalised (no.) |
|---|---|
| Males | 78% (7,883) |
| Females | 19% (1,960) |
| Organisations | 3% (273) |
| Median age | 37 Years |
| Court level | % finalised (no.) |
| Magistrates' Court | 87% (8,862) |
| Higher Court | 10% (995) |
| Children's Court | 3% (304) |
| Top 3 Principal Offences – ANZSOC(a) | % finalised (no.) |
| Harassment and threatening behaviour | 39% (3,915) |
| Offences against government operations, n.e.c. | 12% (1,181) |
| Obtain benefit by deception | 8% (853) |
| Method of finalisation | % finalised (no.) |
| Proven guilty | 69% (7,037) |
| Withdrawn by prosecution | 20% (2,044) |
| Transferred(b) | 7% (732) |
| Acquitted | 3% (312) |
| Sentence type | % proven guilty (no.) |
| Fines | 40% (2,781) |
| Other non-custodial orders(c) | 30% (2,122) |
| Custody in a correctional facility | 14% (957) |
a. Australian and New Zealand Standard Offence Classification (ANZSOC) (cat.no. 1234.0). Refer to Appendix 1 and Explanatory Notes in the Methodology.
b. To other court levels.
c. Includes good behaviour bond/recognisance orders, licence disqualification/suspension/amendment, forfeiture of property order, nominal penalty and other non-custodial orders n.e.c.
The most common principal federal offence type in 2018–19 was Harassment and threatening behaviour (39%, 3,915 defendants). Harassment and threatening behaviour offences have more than doubled since 2010–11, and have represented the most common federal offence type for the last four years.
During 2018–19, the majority of defendants with this principal federal offence were classified to the federal offence group ‘Communications’¹, indicating that the harassment and/or threatening behaviour occurred via carriage services (eg. mobile telephone or internet).
| Summary counts | |
|---|---|
| Finalised (no.) | 3,915 |
| Movement from 2017–18 | down 3% (128) |
| Proven guilty | 69% (2,712) |
| Sex | % finalised (no.) |
| Male | 82% (3,195) |
| Female | 18% (716) |
| Sentence Type | % proven guilty (no.) |
| Custodial orders | 15% (400) |
| Non-custodial orders | 85% (2,313) |
Of the 7,037 federal defendants proven guilty in 2018–19, 43% (3,018) received a monetary order. Of these, more than half had a principal federal offence of either:
A sentence of custody in a correctional institution was received by 14% (957) of federal defendants proven guilty. Of these, the most common principal federal offences were Harassment and threatening behaviour (29%, 273) and Illicit drug offences (21%, 197), mostly Import or export illicit drugs (170).
There were decreases in the number of federal defendants finalised in all states and territories during 2018–19.
The largest percentage decreases occurred in the Australian Capital Territory (56%, 600) and South Australia (48%, 209).
The decrease in the Australian Capital Territory was mostly due to Traffic and vehicle regulatory offences. In South Australia, the largest decreases occurred for Offences against justice n.e.c. and Obtain benefit by deception offences.
A monetary order was the most common principal federal sentence type across all states and territories, ranging from 32% (764) of federal defendants proven guilty in New South Wales, to 67% in both Western Australia (316) and the Australian Capital Territory (166). These were mostly fines.
The majority of defendants sentenced to a fine were finalised for ‘Tax’ offences, ‘Communications’ offences, or ‘Transport’ ¹ offences.
This release previously used catalogue number 4515.0.