Section 10 Dismissals and Section 10 Bonds:
What is a section 10 dismissal? Or a section 10 Bond? And when can they be imposed by the Courts? Section 10 allows a Magistrate or Judge to, although finding a matter proven, decide not to record a conviction. This may be either by way of a complete dismissal under section 10 (1) (a), or by way of a Bond, under section 10 (1) (b).
With a Section 10 Bond, there may be conditions attached which must be complied with, but with or without specific conditions, a Bond imposed under Section 10 is effectively a conditional discharge – i.e. providing you do not commit any further offences (or otherwise fail to comply with specific conditions of the Bond), then at the end of the period of the Section 10 Bond, the charge is recorded as a non-conviction.
Want to Try for a Section 10?
Criminal Lawyers Sydney are experienced in arguing for Section 10 to be applied. Call us to ask whether you could be entitled to having the Court deal with you under Section 10 – (02) 9533 2269.
Section 10 can be applied in a wide variety of circumstances, but you are less likely to be entitled to its benefit if you already have a criminal record. If it is a first ever offence for you, you may be more likely to be entitled to the benefit. If the offence is extremely minor, then this is also an indicator that section 10 may be applied. If there were unusual, or extenuating, circumstances surrounding the commission of the offence, or if your personal circumstances are in some way exceptional, then you may be able to be dealt with by having no conviction recorded against you.
The types of arguments we can put forward for you depend in large part on the circumstances of the particular offence you have been charged with, as well as your specific personal circumstances. That’s what a good lawyer has specific expertise to do for you – put your best case forward to the Court, for the best possible outcome in your particular circumstances.
What types of offences can non convictions apply to? The short answer is any type of offence, so long as it is not a serious offence. It will depend upon the particular facts and circumstances of the case as to whether a section 10 outcome may be a realistic option or not.
Not having a conviction recorded against you can be critical for some purposes (some types of employment and some types of travel), and if anyone can avoid having a criminal record, then they probably would prefer that regardless. If you don’t want a conviction recorded against you and you have to attend Court because you have been charged with an offence, we can advise you on what your prospects are of being able to achieve that.
Don’t leave it to chance, or the hope that you might say the right thing to the Magistrate or Judge. If not having a criminal record, or simply not receiving a conviction for this particular offence, call us without delay – 02 9533 2269.
What Exactly Does Section 10 Say?
Section 10 of the relevant Sentencing Act is as follows:
(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:
(a) an order directing that the relevant charge be dismissed,
(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,
(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program
(2) An order referred to in subsection (1)(b) may be made if the court is satisfied:
(a) that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or
(b) that it is expedient to release the person on a good behaviour bond.
(2A) An order referred to in subsection (1)(c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.
(2B) Subsection (1)(c) is subject to Part 8C.
(3) In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors:
(a) the person’s character, antecedents, age, health and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed,
(d) any other matter that the court thinks proper to consider.
(4) An order under this section has the same effect as a conviction:
(a) for the purposes of any law with respect to the revesting or restoring of stolen property, and
(b) for the purpose of enabling a court to give directions for compensation under Part 4 of the Victims Compensation Act 1996 , and
(c) for the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property.
(5) A person with respect to whom an order under this section is made has the same right to appeal on the ground that the person is not guilty of the offence as the person would have had if the person had been convicted of the offence.
– Section 10 extracted from the Crimes (Sentencing and Procedure) Act 1999 (NSW).
