A section 10 dismissal is one of the most favourable outcomes available in the New South Wales criminal justice system. It allows a court to find a person guilty of an offence without recording a criminal conviction.
For many people, avoiding a criminal record is critical. A conviction can affect:
- employment opportunities;
- professional licences;
- travel and visa applications;
- insurance;
- firearms licences; and
- future court matters.
A section 10 order can therefore have significant long-term benefits.
If you are facing criminal charges and want advice about avoiding a conviction, contact Criminal Lawyers Group.
WHAT IS A SECTION 10?
Although commonly referred to as a “section 10”, the law now falls under section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) as well as related sentencing provisions.
A section 10 allows a court to:
- dismiss the charge without conviction; or
- pursuant to section 9(1)(b) discharge the offender on a conditional release order without recording a conviction.
This means the offence is proven, but no conviction is formally recorded against the person.
DOES A SECTION 10 MEAN THE CHARGE IS DISMISSED?
Yes, in many cases.
A court may dismiss the matter after finding the offence proven but deciding that recording a conviction is inappropriate in the circumstances.
Importantly:
- the person avoids a criminal conviction;
- no fine may be imposed in some cases;
- the offence will not ordinarily appear as a conviction on a criminal record.
However, the court still finds the offence proved.
WHAT OFFENCES CAN RECEIVE A SECTION 10?
A section 10 can potentially be granted for a wide range of offences, including:
- drink driving offences;
- drug possession offences;
- assault offences;
- traffic offences;
- offensive conduct offences; and
- other criminal and summary offences.
Whether a section 10 is appropriate depends on the circumstances of the case.
More serious offences are generally less likely to receive a non-conviction outcome.
WHAT DOES THE COURT CONSIDER?
When deciding whether to grant a section 10 dismissal, the court considers several factors, including:
- the person’s character;
- criminal history;
- age;
- health and mental condition;
- the seriousness of the offence;
- extenuating circumstances; and
- any other matter the court considers relevant.
The court may also consider:
- remorse;
- rehabilitation;
- good character references;
- employment consequences; and
- the impact of a conviction on future prospects.
CAN YOU GET A SECTION 10 FOR DRINK DRIVING?
Yes. Section 10 dismissals are commonly sought in drink driving matters.
However, obtaining a section 10 for a drink driving offence is never guaranteed.
The court will closely examine:
- the blood alcohol reading;
- driving manner;
- traffic history;
- need for a licence;
- risk to the community; and
- subjective circumstances.
Strong subjective material can significantly improve the prospects of avoiding a conviction.
For assistance with traffic and drink driving charges, visit Criminal Lawyers Group – Traffic Lawyers Sydney.
WHAT IS A CONDITIONAL RELEASE ORDER WITHOUT CONVICTION?
A court may impose a Conditional Release Order (CRO) without recording a conviction.
This usually requires the offender to comply with conditions for a specified period.
Conditions can include:
- good behaviour;
- counselling;
- treatment programs; or
- other rehabilitative conditions.
If the conditions are breached, the matter may be brought back before the court.
DOES A SECTION 10 APPEAR ON A CRIMINAL RECORD?
Generally, a section 10 dismissal does not result in a criminal conviction being recorded.
However, police and certain government agencies may still retain records of the offence and court outcome.
Some occupations and government applications may still require disclosure depending on the circumstances.
HOW IMPORTANT ARE CHARACTER REFERENCES?
Character references can be extremely important when seeking a section 10.
Well-prepared references may assist the court by demonstrating:
- good character;
- remorse;
- community involvement;
- employment history; and
- insight into the offending.
References should be tailored specifically to the offence and sentencing proceedings.
CAN A LAWYER IMPROVE YOUR CHANCES OF GETTING A SECTION 10?
Yes. Proper preparation can significantly affect the outcome of a sentencing matter.
An experienced criminal defence lawyer can assist by:
- preparing persuasive submissions;
- obtaining character references;
- organising rehabilitation material;
- identifying weaknesses in the prosecution case; and
- presenting subjective circumstances effectively.
Courts often place considerable weight on evidence of rehabilitation and insight.
WHAT HAPPENS IF THE COURT REFUSES A SECTION 10?
If the court declines to grant a section 10, it may instead impose:
- a fine;
- a conditional release order with conviction;
- a community correction order;
- a licence disqualification;
- an intensive correction order; or
- imprisonment in serious matters.
The penalty imposed depends on the offence and individual circumstances.
CAN YOU APPEAL A DECISION?
Yes. In some circumstances, a person may appeal against sentence to seek a section 10 outcome.
Appeals from the Local Court are generally heard in the District Court of New South Wales.
Strict time limits apply to criminal appeals.
NEED LEGAL ADVICE ABOUT A SECTION 10?
If you have been charged with a criminal or traffic offence and want to maximise your chances of avoiding a criminal conviction, obtaining early legal advice is important.
Contact Criminal Lawyers Group for advice and representation in:
- section 10 applications;
- drink driving charges;
- traffic offences;
- Local Court sentencing matters;
- defended hearings; and
- criminal appeals throughout New South Wales.