Glossary

Adjourned undertaking

An order that a criminal matter is set aside for up to five years and that the offender is released, with or without conviction, on an undertaking with conditions (Sentencing Act 1991 (Vic) ss 72, 75).

Aggregate sentence

A single sentence (for example, a term of imprisonment or a fine amount) imposed for two or more charges within a case, without the individual sentence for each separate charge being specified. A case may include a combination of aggregate and non-aggregate sentences.

Case

A collection of one or more charges against a person or company sentenced at the one hearing.

Charge

On SACStat, a single count of a sentenced offence.

Community correction order

A flexible order served in the community that may require the person to comply with a range of conditions. It was introduced on 16 January 2012, replacing such orders as the intensive correction order, home detention and the community-based order (Sentencing Act 1991 (Vic) pt 3A).

Combined order

A sentence of imprisonment combined with a community correction order.

Discharge

An order that an offender may be discharged unconditionally with conviction (Sentencing Act 1991 (Vic) s 73).

Dismissal

An order for a proven charge to be dismissed unconditionally without conviction (Sentencing Act 1991 (Vic) s 76).

Drug and alcohol treatment order

An order for imprisonment of up to 24 months that is deferred while the offender undergoes drug or alcohol treatment and supervision (Sentencing Act 1991 (Vic) s 18X). This is classified as 'other' in both higher courts and Magistrates Court data.

Fine

A penalty requiring an offender to pay a sum of money to the state. (Sentencing Act 1991 (Vic) pt 3B).

Higher courts

The County Court of Victoria and the Supreme Court of Victoria.

Magistrates' Court

The Magistrates' Court of Victoria, which can hear all summary (less serious) offences and also some indictable (more serious) offences.

Non-aggregate sentence

A sentence (for example, a term of imprisonment or a fine amount) that is specific to a single charge. See also aggregate sentence.

Non-parole period

The period that an offender must serve in prison before being able to apply for parole. (Sentencing Act 1991 (Vic) ss 11-14).

Offender

A person or company that has been found guilty of an offence.

Principal proven offence

The offence within a case that received the most severe sentence (in terms of sentence type and length) according to the sentencing hierarchy. Where multiple offences receive equally severe sentences, the principal proven offence is allocated according to the Australian Bureau of Statistics' National Offence Index.

Principal sentence

The principal sentence is the most serious sentence type imposed at either the case or charge level.

Probation

An order requiring a child to adhere to conditions for a term not exceeding 12 or 18 months (Children, Youth and Families Act 2005 (Vic) s 380). Probation is primarily used in the Children's Court, but it can be used in the higher courts if a child has their charges uplifted to the County Court or the Supreme Court.

Residential treatment order

An order lasting up to five years imposed on offenders with an intellectual disability who have been found guilty of a serious offence, an indecent assault (committed prior to 1 July 2015), sexual assault (committed on or after 1 July 2015) or sexual assault by compelling sexual touching (committed on or after 1 July 2015).

Standard sentence

Standard sentences are numerical guideposts for courts when sentencing 13 specified serious offences. Courts are required to consider the standard sentence alongside all other relevant sentencing principles and factors.

Suspended sentence

A term of imprisonment that is partially or wholly suspended. Suspended sentences have been abolished for all Victorian offences committed on or after 1 September 2014. They remain available for federal offences (Crimes Act 1914 (Cth) s 20(1)(b)).

Unconditional release order

A disposition for people who have been found not guilty because of mental impairment or being found guilty at a special hearing (Crimes (Mental Impairment and Unfitness To Be Tried) Act 1997 (Vic) ss 18(4)(b), 23(b)).

Youth justice centre order

A period of detention in a youth justice centre imposed on a young offender aged 15 to 20 years at the time of sentencing (Children, Youth and Families Act 2005 (Vic) ss 360(1)(j), 412–413).