Getting a section 10

Most people know about section 10, but fewer people know how to actually get one.

Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows for a Court, to discharge an offender without recording a conviction. This means the person avoids having a criminal record for that offence and that no penalty is imposed.

A section 10 can be imposed either after a person has pleaded guilty, or after being found guilty at a hearing.

A court can impose a section 10 by immediately dismissing the charges, or by placing the person on a conditional release order for a period of time.

A section 10 is not recorded on your criminal or traffic record. The result often helps people with their future or present employment, and avoids complications with overseas travel.

A section 10 can often help a person retain their driver’s licence, as it means that the disqualification, or demerit points for the offence are also not imposed.

However, a section 10 is not an easy result to achieve. A section 10 will not always be considered in all criminal matters.

In assessing whether to deal with the matter under section 10, the court can consider:

1. the person’s character, antecedents, age, health and mental condition;
2. the trivial nature of the offence;
3. the extenuating circumstances in which the offence was committed; and
4. any other matter that the court thinks proper to consider.

An experienced criminal defence lawyer can often prove the difference between leaving court with a clean record, or a conviction.

Don’t risk your future. Contact Hennikers to get expert advice and to discuss if a section 10 is a possibility in your case.