Unsentenced detention
As with community-based supervision, young people may be detained when they are unsentenced or sentenced. Some young people may also be in unsentenced and sentenced detention on the same day. This can occur when the young person has changed legal status or has both types of legal orders at the same time for different legal matters.
Number and rate
Young people may be referred to unsentenced detention either by the police (pre-court) or by a court (remand). Young people enter remand when they have been either:
- charged with an offence and are awaiting the outcome of their court matter
- found guilty, or have pleaded guilty, and are awaiting sentencing.
Young people enter police-referred pre-court detention before their initial court appearance. Police-referred pre-court detention is not available in all states and territories and most young people in unsentenced detention are on remand.
On an average day in 2023–24, of all young people in detention aged 10 and over, 4 in 5 were unsentenced (80%) (Figure 6.1). In all states and territories, a substantial proportion of those in detention on an average day were unsentenced – ranging from 60% in Western Australia to 99% in the Northern Territory.
The proportion in Victoria (65%) is due, in part, to the state's 'dual track' sentencing system, which allows some young people aged 18–20 to be sentenced to detention in a youth facility rather than in an adult prison if the young person is particularly impressionable, immature or likely to be subject to undesirable influences in adult prison. When only young people aged 10–17 are considered, a similar proportion of those in detention in Victoria and nationally on an average day were unsentenced (87% and 84%, respectively) (Table S109a).
More than 9 in 10 (97%) young people who were in detention during 2023–24 had been in unsentenced detention at some time during the year (Figure 6.1). This highlights the typically shorter duration of periods of unsentenced detention compared with sentenced detention.
On an average day in 2023–24, more than 4 in 5 (83%) First Nations young people in detention aged 10 and over were unsentenced. For non-Indigenous young people, this proportion was 3 in 4 (75%). A similar proportion of First Nations and non-Indigenous young people had been in unsentenced detention at some point during the year (98% and 95% respectively).
Figure 6.1: Young people aged 10 and over in unsentenced detention on an average day as a proportion of all young people in detention, by state and territory, 2023–24
New South Wales, Victoria and Western Australia are the only jurisdictions to have less than 80% of their youth detention population in unsentenced detention on an average day.
Notes
- Numerators are the number of young people in unsentenced detention on an average day or during the year for each state and territory. Denominators are the total number of young people in detention on an average day or during the year for each state and territory.
- In the Northern Territory, sentenced periods were backdated to take into account time spent in unsentenced detention. This has resulted in a large number of young people reported as being in sentenced and unsentenced detention at the same time and an over-count of young people in sentenced detention.
Source: Table S108a
Nationally, on an average day in 2023–24, most (98%) young people aged 10 and over in unsentenced detention were on remand, awaiting the outcome of their court matters (Table S108a). The remainder were in police-referred pre-court detention awaiting their initial court appearance (see Glossary for definitions), which was available in some jurisdictions (New South Wales, Queensland, Western Australia, South Australia and the Australian Capital Territory).
In those states and territories where the data was available, the proportion of young people in police-referred pre-court detention ranged from 14% of those who had been in unsentenced detention during the year in Queensland to 83% of those in the Australian Capital Territory (Table S108b).
About 3 in 5 (63%) young people in unsentenced detention aged 10 and over on an average day identified as being First Nations (Table S108a). This proportion varied substantially among the states and territories, from 17% in Victoria to 93% in the Northern Territory.
The rate of young people aged 10–17 in unsentenced detention on an average day in 2023–24 was 2.3 per 10,000 (Figure 6.2). Among the states and territories, this rate was lowest in Victoria (0.7 per 10,000) and highest in Queensland (4.6 per 10,000).
Rates of unsentenced detention on an average day were higher than sentenced detention in all states and territories.
Figure 6.2: Young people aged 10–17 in detention on an average day, by legal status and state and territory, 2023–24 (rate)
Western Australia had the smallest difference in rates between unsentenced and sentenced detention – 1.2 per 10,000 for sentenced and 1.8 per 10,000 for unsentenced detention.
Notes
- In the Northern Territory, sentenced periods were backdated to take into account time spent in unsentenced detention. This resulted in a large number of young people reported as being in sentenced and unsentenced detention at the same time and an over-count of young people in sentenced detention.
- Age on an average day is calculated based on the age a young person is each day that they are under supervision. If a young person changes age during a period of supervision, the average daily number under supervision will reflect this. Average daily data broken down by age will not be comparable with data in Youth justice in Australia releases before 2019–20.
Source: Table S110a
Completion of periods
Of remand periods (unsentenced detention) that ended in 2023–24, just over 1 in 2 (55%) ended because the young person was released on bail (Figure 6.3). This proportion was lower for First Nations young people than non-Indigenous young people (49% and 64%, respectively).
The proportion of remand periods that ended with release on bail was lowest in the Northern Territory (7.8%) and highest in Western Australia (78%) (Table S118).
Figure 6.3: Periods of remand by end reason and state and territory, 2023–24
Interactive chart shows that most remand periods ended due to completion or release on bail, with a very small proportion ending due to other reasons.
Source: Table S118
Just over 2 in 5 (43%) remand periods ended because they were completed (see Glossary). This was higher for First Nations young people than non-Indigenous young people (49% and 33%, respectively). The remaining periods ended for other reasons, including transfer (which can include transfer to another youth detention centre, the adult system or interstate).