Prosecution Statistics

During 2022-23 financial year, we received over 2192 new referrals from 50 referring agencies, this includes 40 Commonwealth investigative agencies and 10 state and territory agencies.

The following tables set out details of prosecutions we conducted in 2022-2023.

Table 1: Outcomes of successful prosecutions in 2022-23
Description No.
Defendants convicted of offences prosecuted summarily 780
Defendants convicted of offences prosecuted on indictment 726
Defendants committed for trial or sentence 770
Table 2: Summary prosecutions in 2022-23
Description No.
Defendants convicted after a plea of guilty 696
Defendants convicted after a plea of not guilty 32
Defendants convicted ex parte 52
Total defendants convicted 780
Defendants acquitted after a plea of not guilty 24
Total 804
Table 3: Committals in 2022-23
Description No.
Defendants committed after a plea of guilty 437
Defendants committed after a plea of not guilty 333
Total defendants committed 770
Defendants discharged after a plea of not guilty 5
Total 775
Table 4: Prosecutions on indictment in 2022-23
Description No.
Defendants convicted after a plea of guilty 685
Defendants convicted after a plea of not guilty 41
Total defendants convicted 726
Defendants acquitted after a plea of not guilty 16
Total 742
Table 5: Prosecution appeals against sentence in 2022-23
Appeal type Outcome Summary Indictable
Appeals against sentence Upheld N/A 2
  Dismissed N/A 3
Total   N/A 5
 

The following tables provide statistics covering relevant legislation and referring agencies in relation to matters dealt with in 2022-23

Table 6: Legislation under which charges were dealt with summarily and on indictment in 2022-23

Legislation

Summary
(Charges)

Indictable
(Charges)

Agricultural and Veterinary Chemicals Code Act 1994 (Cth)

207

0

Airports (Control of On-Airport Activities) Regulations 1997 (Cth)

9

0

Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth)

8

3

Australian Border Force Act 2015 (Cth)

2

0

Australian Capital Territory National Land (Unleased) Ordinance 2022 (Cth)

6

0

Australian Passports Act 2005 (Cth)

12

1

Australian Securities and Investments Commission Act 2001 (Cth)

37

0

Aviation Transport Security Act 2004 (Cth)

6

0

Aviation Transport Security Regulations 2005 (Cth)

4

0

Bankruptcy Act 1966 (Cth)

180

39

Biosecurity Act 2015 (Cth)

1

0

Census and Statistics Act 1905 (Cth)

39

0

Child Support (Registration and Collection) Act 1988 (Cth)

24

0

Civil Aviation Act 1988 (Cth)

23

10

Civil Aviation Regulations 1988 (Cth)

17

0

Civil Aviation Safety Regulations 1998 (Cth)

44

0

Competition and Consumer Act 2010 (Cth)

0

21

Corporations Act 2001 (Cth)

68

75

Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth)

2

0

Crimes (Aviation) Act 1991 (Cth)

26

0

Crimes (Currency) Act 1981 (Cth)

13

22

Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth)

0

4

Crimes Act 1914 (Cth)

17

61

Criminal Code (Cth)

1611

3481

Customs Act 1901 (CI) (Cth)

2

1

Customs Act 1901 (Cth)

72

73

Environment Protection and Biodiversity Conservation Act 1999 (Cth)

7

0

Environment Protection and Biodiversity Conservation Regulations 2000 (Cth)

2

0

Excise Act 1901 (Cth)

1

2

Fisheries Management Act 1991 (Cth)

46

0

Foreign Passports (Law Enforcement and Security) Act 2005 (Cth)

1

2

Great Barrier Reef Marine Park Act 1975 (Cth)

36

0

Great Barrier Reef Marine Park Regulations 2019 (Cth)

26

0

Health Insurance Act 1973 (Cth)

9

0

Intelligence Services Act 2001 (Cth)

0

5

Law Enforcement Integrity Commissioner Act 2006 (Cth)

3

0

Marine Order 21 (Safety and emergency arrangements) 2016 (Cth)

3

0

Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth)

6

1

Marriage Act 1961 (Cth)

3

0

Migration Act 1958 (Cth)

21

29

National Health Act 1953 (Cth)

0

3

National Measurement Act 1960 (Cth)

2

0

Navigation Act 2012 (Cth)

2

0

Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)

9

0

Passports Act 1938 (Cth)

1

0

Primary Industries Levies and Charges Collection Act 1991 (Cth)

3

0

Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth)

12

0

Public Order (Protection of Persons and Property) Act 1971 (Cth)

16

0

Radiocommunications Act 1992 (Cth)

7

1

Statutory Declarations Act 1959 (Cth)

2

0

Taxation Administration Act 1953 (Cth)

149

15

Therapeutic Goods Act 1989 (Cth)

236

0

Tobacco Plain Packaging Act 2011 (Cth)

6

2

Torres Strait Fisheries Act 1984 (Cth)

2

0

Trespass on Commonwealth Lands Ordinance 1932 (Cth)

4

0

Work Health and Safety Act 2011 (Cth)

2

0

Non Commonwealth Legislation (total)

355

552

Total

3402

4403

Table 7: Referring agencies: defendants dealt with and on indictment in 2022–23

Agency

Summary

Indictable

Australian Border Force

25

45

Australian Bureau of Statistics

10

0

Australian Commission for Law Enforcement Integrity

1

0

Australian Communications and Media Authority

2

0

Australian Competition and Consumer Commission

0

2

Australian Federal Police

288

397

Australian Financial Security Authority

103

10

Australian Fisheries Management Authority

38

0

Australian Maritime Safety Authority

14

0

Australian Pesticides and Veterinary Medicines Authority

4

0

Australian Securities and Investments Commission

24

25

Australian Taxation Office

21

24

Civil Aviation Safety Authority

5

0

Clean Energy Regulator

2

0

COMCARE

2

0

Department of Agriculture, Water and the Environment

4

0

Department of Climate Change, Energy, the Environment and Water

1

0

Department of Defence

1

3

Department of Education, Skills and Employment

2

0

Department of Foreign Affairs and Trade

5

1

Department of Health and Aged Care

6

17

Department of Immigration and Border Protection

1

0

Department of Social Services

1

2

Director of National Parks

1

0

Great Barrier Reef Marine Park Authority

44

0

National Disability Insurance Agency

4

1

National Measurement Institute

1

0

National Offshore Petroleum Safety and Environmental Management Authority

1

0

Office of the Special Investigator (OSI)

1

0

Services Australia

2

0

Services Australia - Centrelink

241

36

Services Australia - Child Support Agency

1

0

Services Australia - Medicare

56

0

Therapeutic Goods Administration

4

0

Non Commonwealth Agencies

142

461

Total

1058

1024


‘Defendants dealt with’ includes not only convictions and findings of guilt, but also: matters resulting in acquittals; prosecutions that are discontinued in accordance with the Prosecution Policy of the Commonwealth based on evidentiary or public interest considerations; discontinuances as part of a charge negotiation; when a matter scheduled for trial resolves into a guilty plea; when there is a hung jury; a warrant has been issued and the defendant has absconded; and determinations that a defendant is unfit to be tried. It also includes matters where a charge is issued but is unable to be served, and prosecutions commenced in one jurisdiction and recommenced in another because a defendant has moved. It does not include: matters where the CDPP has provided pre brief advice to an investigative agency; brief assessments that do not proceed to prosecution on evidentiary or public interest grounds; breach proceedings; or matters determined on appeal.