Section 10 Dismissal | What you need to know

Section 10 dismissals stand as a beacon of hope for individuals facing legal proceedings. This penalty offers a lifeline, allowing for the avoidance of a criminal conviction despite the commission of an offence. With a proven track record of securing non-convictions across a spectrum of cases, our team is dedicated to navigating the complexities of the legal system to achieve favourable results.

This guide will explore the core principles of Section 10 dismissals and offer essential guidelines for effectively navigating this legal avenue. We will delve into the critical factors influencing court decisions and provide actionable insights to maximise the likelihood of achieving a favourable outcome. Below, we outline the key components of this guide:

• What exactly is a section 10 

• The different types of section 10 orders 

• What the court considers when granting section 10 

• Will a section 10 appear in police check 

• 5 ways to increase your chances of receiving a section 10 order 

A section 10 dismissal or section 10 non-conviction is a penalty which can be applied to individuals pleading guilty to a criminal offence. Under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 states that:

“(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders,

• an order directing that the relevant charge be dismissed”

This penalty results in a non-conviction of the charge(s), meaning that the defendant exits the courtroom criminal-record free. Unlike conditional release orders, which impose specific conditions on the defendant's release, a Section 10 dismissal comes with no such requirements. This means the individual is free from any obligations or restrictions post-dismissal. Importantly, a Section 10 dismissal empowers individuals to answer "no" when questioned about past criminal convictions, thus preserving their reputation and future opportunities.

Will a Section 10 show on a police check?

Yes, a Section 10 dismissal will typically appear on a police check. While it indicates that no conviction was recorded for the offence, the fact that the Section 10 was granted is usually disclosed in the criminal record. A Section 10 non-conviction will be visible on your record, displaying the offence for which the Section 10 was granted. 

However, it signifies the absence of a formal conviction. Therefore, individuals can confidently answer "no" to any inquiries regarding past criminal convictions, as they have not been convicted despite the appearance of the Section 10 on their record.

Under the Crimes (Sentencing Procedure) Act 1999 (NSW), there are various types of Section 10 non-conviction orders available, rather than just a single blanket term. These different types of orders cater to the diverse circumstances and severity of offences involved. They include:

Section 10(1)(a) Dismissal without conviction

Section 10(1)(a) Dismissal without conviction represents the most lenient form of Section 10 order. With this dismissal, no conviction is recorded, and the charges are effectively deemed spent findings. As a result, the charges are not disclosed or recorded on the individual's criminal record, providing them with a clean slate and avoiding the potential repercussions of a criminal conviction.

Section 10(1)(a) dismissal for driving offences

In the context of driving offences, a Section 10(1)(a) dismissal carries several benefits. Notably, no demerit points are deducted from the individual's licence, and they retain their driving privileges. However, it's essential to note that there's typically a five-year interval required between each Section 10 dismissal, indicating that repeated reliance on this provision may become less viable over time.

Section 10(1)(b) Conditional Release Order

Section 10(1)(b), also known as a Conditional Release Order (CRO) or Good Behaviour Bond, ensures no criminal record or conviction. However, the order remains active until the completion of the specified CRO period. Under this arrangement, individuals must comply with certain conditions upon release. 

As the name suggests, the release is ‘conditional’, typical conditions might include not committing any other offences for a certain period of time, participating in rehabilitation programs or counselling, etc.

What happens if I breach a Section 10(1)(b) Conditional release order?

If the offender breaches any of the conditions set during this period, they may be brought back to court to face a more severe penalty. The court can summon you to appear before it, where your breach will be assessed. 

Depending on the severity and circumstances of the breach, the court may decide to impose additional penalties, modify the existing conditions, or even revoke the conditional release order altogether, potentially leading to more serious penalties or moving to a conviction based penalty.

Section 10(1)(c) Intervention Program

A Section 10(1)(c) Intervention Program entails participating in an intervention program as a condition of the order. This option still results in a non-conviction, provided you agree to engage with and comply with the requirements of the program. 

Typically, these intervention programs aim to address underlying issues contributing to the offence, such as substance abuse or anger management. By completing the program successfully, individuals demonstrate their commitment to rehabilitation and reducing the likelihood of reoffending, thereby mitigating the need for a formal conviction.

When considering whether to grant a Section 10 dismissal, the court examines several factors outlined in Section 10(3) of Crimes (Sentencing Procedure) Act 1999 (NSW), this includes; 

• The person's character, antecedents, age, health and mental condition, 

• The trivial nature of the offence, 

• The extenuating circumstances in which the offence was committed, 

• Any other matter that the court thinks proper to consider. 

Moreover, the court has the discretion to take into account any other relevant matters it deems appropriate. The assessment of these factors allows the court to make a holistic judgement, weighing the individual's circumstances against the appropriateness of a Section 10 dismissal.

Does my offence need to be trivial to receive a section 10?

While trivial offences (summary offences) are often more conducive to receiving a Section 10 dismissal, serious offences can also be granted this outcome. This was emphasised in the case of R v Paris (2001) NSWCCA 83. The court's decision in this case highlighted that while the triviality of the offence is a factor considered for Section 10 eligibility, it's not the sole determinant. Rather, the court evaluates various aspects, including the individual's circumstances, the gravity of the offence, and the potential for rehabilitation, in determining the appropriateness of granting a Section 10 dismissal.

What are considered extenuating circumstances?

Extenuating circumstances refer to factors that mitigate the severity of an offence. These circumstances can include situations where the individual acted under duress, coercion, or extreme emotional distress, or where there are significant mitigating factors affecting their judgement or behaviour. 

Presenting extenuating circumstances can mitigate the case for receiving a Section 10 dismissal by demonstrating to the court that the offence was not solely attributable to the individual's actions or character. By highlighting these factors, individuals may increase their chances of securing a favourable outcome and avoiding a formal conviction.

Section 10 dismissals can be granted for a wide range of offences, spanning from relatively minor infractions to more serious transgressions. Generally, Section 10s are commonly sought for offences such as traffic violations, drug possession for personal use, minor property offences, and low-level assault charges. However, it's crucial to note that the eligibility for a Section 10 dismissal ultimately depends on the individual circumstances of each case and the discretion of the court.

At Faraj Defence Lawyers, our expertise extends across various criminal offences, ranging from traffic violations to more complex legal matters. We have successfully secured Section 10 dismissals for clients facing an array of charges, underscoring our commitment to providing effective legal representation and achieving favourable outcomes for our clients.

There is no hard rule prohibiting individuals from receiving a Section 10 dismissal more than once for criminal offences. However, in the case of traffic offences, there's typically a limitation. Individuals may not receive a Section 10 for a traffic offence if they've been granted one within the previous five years. 

This restriction aims to deter repeat offenders and encourage compliance with traffic laws. Otherwise, for other criminal offences, individuals may still be eligible for a Section 10 dismissal multiple times, provided they meet the requisite criteria and circumstances of their case warrant such an outcome.

Increasing your chances of securing a Section 10 dismissal involves strategic steps that can influence the court's decision. Here are the top five methods to enhance your prospects:

• Demonstrating a good character and a positive track record.

• Expressing genuine remorse and taking responsibility for your actions.

• Entering an early guilty plea, demonstrating cooperation with legal proceedings.

• Obtaining treatment and supportive reports from psychologists or relevant professionals.

• Engaging in counselling, rehabilitation programs, or educational courses to illustrate a commitment to personal growth and rehabilitation.

1. Looking into your Good Character

Good character holds significant weight in the court's decision-making process when considering a Section 10 dismissal. Demonstrating a history of responsible behaviour, community involvement, and positive contributions can greatly enhance the likelihood of receiving a favourable outcome. 

Crafting a compelling Good Character Reference, highlighting these attributes, is crucial in presenting a favourable image to the court. Our Good Character Reference guide offers valuable insights and templates to assist individuals in effectively showcasing their character strengths, thus maximising their chances of securing a Section 10 dismissal.

2. Show that you are remorseful

Demonstrating genuine remorse is essential in securing a Section 10 dismissal. Crafting an Apology Letter can be a powerful tool in conveying sincerity and regret for one's actions. This letter allows individuals to express accountability, empathy, and a commitment to positive change, all of which are key factors considered by the court. 

Our comprehensive Apology Letter guide offers valuable tips and templates to assist individuals in drafting a heartfelt and persuasive apology, thereby increasing their chances of obtaining a Section 10 dismissal

3. Entering into an early guilty plea

Entering an early guilty plea can significantly increase the likelihood of receiving a Section 10 dismissal. By doing so, individuals acknowledge their responsibility for the offence, demonstrating cooperation with legal proceedings and a willingness to address the situation promptly. 

While securing a Section 10 means admitting guilt, entering a guilty plea at the earliest opportunity showcases sincerity and accountability, factors that may positively influence the court's decision in granting a non-conviction outcome. Therefore, timely acknowledgment of wrongdoing through an early guilty plea can be paramount in increasing the chances of obtaining a Section 10 dismissal.

4. Obtaining psychiatric/psychologist reports

These reports provide valuable insight into an individual's mental health condition, helping to contextualise their behaviour and circumstances surrounding the offence. By presenting comprehensive assessments from qualified professionals, individuals can effectively demonstrate any mitigating factors, such as mental illness or psychological distress, to the court. 

These reports serve as compelling evidence in supporting claims of diminished culpability or the need for rehabilitative measures, thus increasing the chances of receiving a favourable outcome and avoiding a criminal conviction.

5. Undertaking counselling, rehabilitation, or courses/programs

Engaging in counselling, rehabilitation, or specialised courses/programs tailored to address the underlying issues related to the offence can significantly increase the chances of receiving a Section 10 dismissal. For instance, completing a traffic offenders program can demonstrate a commitment to addressing driving-related issues, potentially leading to a more favourable outcome for traffic offences. 

Similarly, participation in anger management courses or drug and alcohol rehabilitation programs showcases proactive steps towards personal improvement and rehabilitation, which are often viewed favourably by the courts when considering Section 10 applications.

In navigating the complexities of the legal system, securing a Section 10 dismissal can offer a lifeline, paving the way for a brighter future unburdened by a criminal conviction. At Faraj Defence Lawyers, we understand the importance of exploring all available options and crafting a tailored strategy to achieve the best possible outcome for our clients. 

With our extensive experience and past record of success in obtaining Section 10 dismissals for a diverse range of offences, you can trust us to guide you through this process with expertise and compassion. Take the first step towards reclaiming your future by booking a free initial consultation with one of our lawyers today. Your journey to a Section 10 dismissal starts here.

Call or email us today for a free consultation at (02) 8896 6034 and af@farajdefencelawyers.com.au, or by booking in a free initial consultation at our Parramatta office.

If you’d like to learn more about other penalties, we’ve provided a list below which will help give you a comprehensive overview of each penalty:

• Intensive Correction Orders

• Community Correction Orders

• Conditional Release Orders

• Fines

• Full-time imprisonment