Young people in unsentenced detention:
2013–14
Youth justice fact sheet no. 48
This fact sheet summarises information about young people in unsentenced detention in
Australia in 2013–14.
Young people in unsentenced detention: 2013–14
Young people may be in unsentenced detention when they have been charged with an
offence and are awaiting the outcome of their court matter, or when they have been found or
Youngpleaded
people may
be inand
unsentenced
detention
when they
havemay
beenalso
charged
with an offence
are awaiting
the
guilty
are awaiting
sentencing.
They
be sentenced
to a and
period
of
outcome
of
their
court
matter,
or
when
they
have
been
found
or
pleaded
guilty
and
are
awaiting
sentencing.
They
detention if proven guilty in a court (see the Young people in sentenced detention: 2013–14 fact
may also
be in
sentenced
to a for
period
of detention
in a court (see the Young people in sentenced detention:
sheet
this series
more
details atif proven
[link toguilty
be inserted]).
This fact sheet summarises information about young people in unsentenced detention in Australia in 2013–14.
2013–14 fact sheet in this series for more details at <http://www.aihw.gov.au/youth-justice/fact-sheets/>).
Young people may be referred to unsentenced detention either by police (pre-court) or by a
Youngcourt
people
may beas
referred
to unsentenced
detention
either bydetention
police (pre-court)
by a courtin(known
as remand).
(known
remand).
Police-referred
pre-court
is notor
available
all states
and
Police-referred
pre-court
detention
is
not
available
in
all
states
and
territories,
and
most
young
people
in
unsentenced
territories, and most young people in unsentenced detention are on remand.
detention are on remand.
Young
people in unsentenced
detention
Young
people in
unsentenced
detention
AboutAbout
one-half
of all young
people
in detention
ondetention
an averageon
dayan
in 2013–14
young (52%
people)
one-half
of all
young
people in
average(52%
day or
in497
2013–14
orwere
497
unsentenced
(Figure
1).
In
most
states
and
territories,
a
substantial
proportion
of
those
in
detention
on
an
average
day
young people) were unsentenced (Figure 1). In most states and territories, a substantial
(ranging
from 48% of
to 78%)
unsentenced,
in Victoria
proportion
thosewere
in detention
onexcept
an average
day(24%).
(ranging from 48% to 78%) were
unsentenced, except in Victoria (24%).
Per cent
Average day
During the year
100
80
60
40
20
0
NSW
Vic
Qld
WA
SA
Tas
ACT
NT
Aust
States and territories
Note: Includes non-standard data for Western Australia and the Northern Territory, as standard data for inclusion in the Juvenile Justice National Minimum Data Set
data for Western Australia and the Northern Territory, as standard data for inclusion in the JJ NMDS were not
(JJ Note:
NMDS)Includes
were notnon-standard
supplied for 2013–14.
supplied for 2013–14.
Source: Table S109.
Source: Table S109.
Figure 1: Young people in unsentenced detention as a proportion of all young people in detention (average day
Figure
1:the
Young
in unsentenced
detention
as a proportion of all young people in detention
and
during
year),people
states and
territories, 2013–14
(per cent)
(average day and during the year), states and territories, 2013–14 (per cent)
The low proportion in Victoria is in part due to the ‘dual track’ sentencing system in that
state, in which some young people aged 18–20 may be sentenced to detention in a youth
facility rather than an adult prison. When only young people aged 10–17 are considered,
Young people in unsentenced detention: 2013–14
The low proportion in Victoria is in part due to the ‘dual track’ sentencing system in that state, in which some young
people aged 18–20 may be sentenced to detention in a youth facility rather than an adult prison. When only young
people aged 10–17 are considered, about 56% of those in detention in Victoria on an average day were unsentenced
(tables S74 and S114).
Although only about one-half of all young people in detention on an average day in 2013–14 were unsentenced, a
large majority (88%) experienced unsentenced detention at some time during the year (Figure 1). The greater
proportions of young people experiencing unsentenced detention during the year compared with on an average day
highlights the typically shorter duration of periods of unsentenced detention compared with sentenced detention.
More than one-half (56%) of all young people in unsentenced detention on an average day were Indigenous
(Table S109). This proportion varied substantially among the states and territories, ranging from 14% in Victoria to 97%
in the Northern Territory.
On an average day, almost 9 in every 10 young people in unsentenced detention (86%) were aged 14–17 (Table S114),
with the proportion ranging from 77% in South Australia to 100% in Tasmania (excluding Western Australia and the
Northern Territory as data were not available; see Box 1).
Time in unsentenced detention
The median duration of completed individual periods of unsentenced detention during 2013–14 was 6 days
(Table S117). (Note that this includes time spent under supervision prior to 1 July 2013, for periods that started before
1 July 2013.) Median duration varied substantially among the states and territories with available data, however, from
3 days in New South Wales to about 2 weeks (15 days) in Tasmania. The median total duration of completed individual
supervision periods is a new measure that is included in this fact sheet for the first time. Previously only time under
supervision during the most recent year was examined.
Some young people spent more than one period in unsentenced detention during the year. When all periods of
unsentenced detention were considered (including completed and ongoing periods), young people spent a total of
nearly 6 weeks (40 days), on average, in unsentenced detention during the year (Figure 2). This ranged from about
4 weeks (27 days) in South Australia to about 8 weeks (58 days) in Queensland.
Total time (days)
Indigenous
Non-Indigenous
Total
70
60
50
40
30
20
10
0
NSW
Vic
Qld
WA
SA
Tas
ACT
NT
Aust
States and territories
Note:
Includes
non-standard
data fordata
Western
Australia and
the Northern
Territory,
as standard
dataas
forstandard
inclusion data
in thefor
JJ NMDS
wereinnot
for 2013–14.
Note:
Includes
non-standard
for Western
Australia
and the
Northern
Territory,
inclusion
thesupplied
JJ NMDS
were not
Source:
Table S118.
supplied
for 2013–14.
Source:
S118.total amount of time young people spent in unsentenced detention during the year, by
Figure
2:Table
Average
Indigenous
states
andamount
territories,
2013–14
Figure 2:status,
Average
total
of time
young people spent in unsentenced detention during the
year, by Indigenous status, states and territories, 2013–14
Indigenous young people tended to complete longer periods of unsentenced detention than
Young
people inwith
unsentenced
detention:
2013–14 2
non-Indigenous young people (median 8 days
compared
4 days) (Table
S117),
and
spent just over 1 week longer in unsentenced detention during the year, on average (45 days
Indigenous young people tended to complete longer periods of unsentenced detention than non-Indigenous
young people (median 8 days compared with 4 days) (Table S117), and spent just over 1 week longer in unsentenced
detention during the year, on average (45 days compared with 36 days) (Figure 2). Again, this varied among the states
and territories.
Completion of unsentenced detention periods
The majority (61%) of remand periods that ended in 2013–14 did so with the young person being released on bail
(Table S119) (excluding Western Australia and the Northern Territory as data were not available; see Box 1). The
proportion of remand periods that ended with release on bail was lowest in Queensland (45%) and highest in
South Australia (79%). Less than one-third (30%) of remand periods that ended were completed, and the remainder
ended for other reasons, including transfer.
More than 4 in 5 completed remand periods (83%) were followed by a supervised sentence within 1 day (Figure 3).
Many of these sentences were community-based rather than detention. More than one-half (53%) of completed
remand periods were followed by a community-based sentence within 1 day, and 30% were followed by a
detention sentence.
There were substantial differences among the states and territories for which data were available. Completed periods
of remand were more likely to be followed by a community-based sentence than detention within 1 day in Victoria,
Queensland and the Australian Capital Territory, and were more likely to be followed by detention in New South Wales
and Tasmania (Figure 3).
Per cent
100
Community-based sentence
Detention sentence
Any supervised sentence
80
60
40
20
0
NSW
Vic
Qld
WA
SA
Tas
States and territories
ACT
NT
Aust excl
WA & NT
Notes
Notes:
1. Western Australia and the Northern Territory did not supply standard data for inclusion in the JJ NMDS for 2013–14 and are therefore not included in this figure.
1. Western Australia and the Northern Territory did not supply standard data for inclusion in the Juvenile Justice National Minimum Data Set (JJ
2. Data for this indicator in South Australia are incomplete at this time.
NMDS) for 2013–14 and are therefore not included in this figure.
Sources: Table S119 and S120.
2. Data for this indicator in South Australia are incomplete at this time.
Figure 3: Remand periods followed by a period of sentenced supervision within 1 day as a proportion of all
Sources: Tables S119 and S120.
completed remand periods, by type of sentenced supervision, states and territories, 2013–14 (per cent)
Figure 3: Remand periods followed by a period of sentenced supervision within 1 day as a
proportion of all completed remand periods, by type of sentenced supervision, states and
territories, 2013–14 (per cent)
Box 1: Youth justice supervision fact sheets
This is one of a series of fact sheets on youth justice supervision in 2013–14 published by the
people
in unsentenced
detention:
2013–14 3
Australian Institute of Health and WelfareYoung
(AIHW).
These
fact sheets can
be downloaded
free of charge from the AIHW website at <http://www.aihw.gov.au/youth-justice/fact-
Box 1: Youth justice supervision fact sheets
This is one of a series of fact sheets on youth justice supervision in 2013–14 published by the Australian Institute of
Health and Welfare (AIHW). These fact sheets can be downloaded free of charge from the AIHW website at
<http://www.aihw.gov.au/youth-justice/fact-sheets>.
The fact sheets form part of the Youth justice in Australia 2013–14 release, which also includes a bulletin, supplementary
tables and web pages released in multiple stages throughout the year. (See <http://www.aihw.gov.au/publications/
youth-justice>.)
Western Australia and the Northern Territory did not supply standard data for 2013–14 but non-standard data from
these two jurisdictions are included where possible.
The supplementary data tables (those with a prefix of S) referred to in this fact sheet accompany the bulletin
Youth justice in Australia 2013–14, and can be downloaded from <http://www.aihw.gov.au/publication-detail/
?id=60129550638&tab=3>.
For more information about young people under youth justice supervision, see <http://www.aihw.gov.au/youth-justice>.
Box 2: Technical notes
1. Information about young people under youth justice supervision in this fact sheet is based on data from the Juvenile
Justice National Minimum Data Set (JJ NMDS). This data collection contains information about all young people who
were supervised by state and territory youth justice agencies in Australia, both in the community and in detention.
Western Australia and the Northern Territory did not supply JJ NMDS data for the period 2008–09 to 2013–14, so
non-standard data supplied by these jurisdictions were used, where possible, in the calculation of national totals, as
were estimates for 2008–09 and 2009–10 (based on 2007–08 JJ NMDS data) for the Northern Territory.
2. This fact sheet uses an ‘average day’ measure to illustrate the number of young people under supervision. The
average day measure reflects the number of young people under supervision on a typical day during the year, and
gives an indication of the average number of young people supported by the supervision system at any one time.
It is a summary measure that reflects both the number of young people supervised and the amount of time they
spent under supervision.
Further technical and data quality information, including definitions of key terms in this fact sheet, is available from
<http://www.aihw.gov.au/youth-justice/data-quality>.
© Australian Institute of Health and Welfare 2015
This product, excluding the AIHW logo, Commonwealth Coat of Arms and any material owned by a third party or protected by a trademark, has been
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Suggested citation
Australian Institute of Health and Welfare 2015. Youth justice fact sheet no. 48. Young people in unsentenced detention: 2013–14. Cat. no. JUV 67.
Canberra: AIHW.
ISBN 978-1-74249-773-0 (PDF)
ISSN 2202-1841
Any enquiries about copyright and/or this fact sheet should be directed to the Head of the Digital and Media Communications Unit, Australian
Institute of Health and Welfare, GPO Box 570, Canberra ACT 2601, Tel: (02) 6244 1000, Email: <[email protected]>.
Young people in unsentenced detention: 2013–14 4