Trends in sentenced and unsentenced detention

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Key findings

On an average night in the June quarter 2024:

  • almost 3 in 4 (588 or 74%) young people in detention were unsentenced 
  • the rate of young people aged 10–17 in unsentenced detention was 2.0 per 10,000 and in sentenced detention 0.6 per 10,000.

On an average night from the June quarter 2020 to the June quarter 2024:

  • the proportion of those in unsentenced detention increased from 64% to 74%
  • the number of young people in sentenced detention fell by 24%.

Northern Territory youth detention population data by legal status were not available between September quarter 2023 and June quarter 2024. This section therefore uses the Australia total excluding the Northern Territory.

The number of young people in unsentenced detention

On an average night in the June quarter 2024:

  • almost 3 in 4 (588 or 74%) young people in detention were unsentenced
  • the rate of young people aged 10–17 in unsentenced detention was 2.0 per 10,000.

Over the 4-year period from the June quarter 2020 to the June quarter 2024:

  • the proportion of those in unsentenced detention increased from 64% (495) to 74% (588) (Supplementary tables S11 and S29)
  • the rate of young people aged 10–17 in unsentenced detention increased slightly from 1.9 to 2.0 per 10,000
  • the rate of young people in unsentenced detention tended to be higher in the March and June quarters, and lower in the September and December quarters. The exceptions were the June quarter 2020 and June quarter 2023, when the rates were lower (Figure 3.1).

Over the one-year period from June quarter 2023 to June quarter 2024:

  • the number of young people in unsentenced detention increased from 551 to 588
  • the rate of young people aged 10–17 in unsentenced detention increased slightly from 1.9 to 2.0 per 10,000 (Figure 3.1).

The number of young people in sentenced detention

On an average night in the June quarter 2024:

  • about 1 in 4 (212 or 26%) young people in detention were sentenced
  • the rate of young people aged 10–17 in sentenced detention was 0.6 per 10,000 (Figure 3.1).

Over the 4-year period from the June quarter 2020 to the June quarter 2024:

  • the number of young people in sentenced detention fell by 24% from 278 to 212, with a low in the June quarter 2022 (168, or 22%) (Supplementary tables S11 and S47, Figure 3.1)
  • the rate of young people in sentenced detention has remained steady at 0.6 per 10,000 young people for both the June quarter 2020 and the June quarter 2024 (Figure 3.1).

Over the one-year period from the June quarter 2023 to the June quarter 2024:

  • the number of young people in sentenced detention increased from 174 to 212 (Figure 3.1)
  • the rate of young people aged 10–17 in sentenced detention increased from 0.4 to 0.6 per 10,000 young people (Supplementary table S54, Figure 3.1).

Figure 3.1 Young people in detention on an average night, by legal status, June quarter 2019 to June quarter 2024 (number and rate)

The number of young people in unsentenced detention varied more each quarter, while the number in sentenced detention was more stable.

The number of young people in unsentenced detention varied more each quarter, while the number in sentenced detention was more stable.

Notes

  1. Data for the figures presenting numbers includes those young people aged 10 and over, data for the rate figures includes young people aged 10–17.
  2. Figures presenting data excluding the Northern Territory, exclude Northern Territory data for the entire 4-year period.
  3. Northern Territory data for legal status is unavailable for 2023–24.
  4. Trend data may differ from those previously published due to data revisions. 
  5. Rates are the number of young people per 10,000 relevant population.
  6. Rates for the 10–17 age group in 2023-24 are calculated using the sum of the 12–17 population (Northern Territory and Australian Capital Territory) and the 10–17 population (all remaining jurisdictions) due to these jurisdictions increasing the minimum age of criminal responsibility to 12 during 2023.

Source: Supplementary tables S29, S36, S47 and S54.

Young people in sentenced and unsentenced detention by age group 

On an average night in the June quarter 2024:

The proportion of young people aged 10–17 in unsentenced detention was consistently higher than in sentenced detention throughout the 4-year period (from June quarter 2020 to June quarter 2024):

  • in unsentenced detention, 89% to 92% were aged 10–17
  • in sentenced detention, 52% to 71% were aged 10–17, with a low in the March quarter 2021 and a high in the March quarter 2024 (Supplementary tables S29, S32, S47, and S50).

Additionally, in the June quarter 2024, 5.2% of young people in unsentenced detention were aged 10–13 and 0.4% in sentenced detention were aged 10–13. These proportions fluctuated over the 4-year period from the June quarter 2020 to the June quarter 2024 for unsentenced detention (5.2% to 7.1%) and sentenced detention (0.0% to 1.1%) (Supplementary tables S29, S30, S47, S48).

One reason more young people aged 18 and over are in sentenced detention than in unsentenced detention is that some young people may continue serving a sentence in a youth facility once they turn 18. Whether they remain in youth detention or are moved to the adult justice system depends on different policies and practices in the states and territories.

For example, in Victoria, 58% to 89% of young people in sentenced detention were aged 18 or over in each quarter over the 4-year period (from June quarter 2020 to June quarter 2024), compared with 29% to 48% in Australia overall. This is in part due to the ‘dual track’ sentencing system operating in Victoria, which results in a relatively large proportion of young people aged 18 and over in sentenced detention (for more details see Age limits).

Young people in sentenced and unsentenced detention by sex

On an average night in the June quarter 2024, comparatively more females (84%) than males (72%) were in unsentenced detention (Supplementary tables S29 and S11). This was the case in each quarter throughout the 4‑year period (from June quarter 2020 to June quarter 2024), with:

  • 72% to 87% of females in detention unsentenced
  • 63% to 78% of males in detention unsentenced.

Conversely, males (28%) were more likely than females (16%) to be in sentenced detention on an average night in the June quarter 2024 (Supplementary tables S47 and S11). These results should be interpreted with caution due to the small number of females in detention.

Over the 4-year period, the proportion of males in sentenced detention declined from 37% in the June quarter 2020 to 28% in the June quarter 2024, while the corresponding proportion of females fluctuated, with an overall decrease from 23% to 16%.

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