If you have been charged with a criminal offence you may be able to avoid a criminal conviction through a Section 10.
Being convicted of any criminal offence, big or small, can affect your future. Having a recorded criminal conviction can affect your current and future employment, your insurance policies, your ability to apply for finance loans and even affect the ability to secure visas to travel to certain countries.
There are several advantages of obtaining a Section 10 outcome on your matter. The offence is not permanently listed on your criminal record, and you could also avoid paying a fine, losing your licence or going to jail. In addition, if you obtain a Section 10, you won’t have an obligation to disclose the offence for employment or travel purposes and will have a “clean record”. Depending on the type of Section 10 you obtain, it may not even appear on a police record check.
Even if you are accused of a minor offence and have no prior criminal history, you do not have an automatic right to a Section 10.
The court will consider all the relevant factors in your case before deciding if a Section 10 is appropriate for you. Some of the factors that can be considered when determining whether to sentence an offender under Section 10 are prior criminal history, character, age, physical and mental health, the nature of the offence committed and any extenuating circumstances that led to the offence being committed.
What is a Section 10 order
A Section 10 order refers to Section 10 of the Crimes (Sentencing Procedure) Act 1999 which allows the Court to discharge the matter without a recording a conviction, even if you plead guilty or are found guilty of an offence.
The most common offences that are dealt this way relate to traffic offences and minor drug offences. You won’t have a criminal record for that offence, despite being found guilty of the offence.
Section 10 is only available when a defendant pleads guilty. The court must also be satisfied that there are exceptional circumstances to justify a section 10 outcome for your matter.
What are the different types of Section 10 order
There are three different types of Section 10 orders you can receive:
- Dismissal (Section 10(1)(a)): The court declares you guilty of an offence and dismisses the case without recording a conviction. Under this provision you are free to leave immediately and have no restrictions. This offence may not appear on a police history check.
Summary dismissal of proceedings is only available in limited circumstances, contact our criminal defence lawyers to find out if your matter can qualify for a summary dismissal. - Conditional Release Order, also known as a CRO, (Section 10(1)(b)): If a CRO is imposed, you are released from custody by the court, and there is no conviction recorded, however there are some conditions attached to this outcome.
The conditions imposed can be that you do not commit another offence during the CRO period, that you don’t associate with certain individuals or groups of people, or that you appear in court if called upon. CRO’s usually have duration of up to 2 years and will appear on your police record until expiration of the CRO.
If you breach any of the conditions of the CRO it is possible that the court will set aside the CRO and you may be re-sentenced with more severe penalties. - With an intervention program (Section 10(1)(c)): You may have your offence dismissed without conviction on the basis that you complete an intervention program and comply with any directions of the program.
Intervention programs include drug and alcohol rehabilitation and traffic offenders programs. This will appear on a police record check until you have completed the Intervention Program and any associated action plans.
Your lawyer will be able to advise the best approach when making submissions to the court to request a Section 10.
Our criminal defence solicitors have extensive experience preparing submissions for Section 10 applications. Contact our specialist lawyers today to discuss your circumstances and get a better understanding if you could qualify to apply for a Section 10.
