PRACTICE AREA
Section 10 in New South Wales
Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court, where it is satisfied of the offence, to deal with it without recording a conviction in defined circumstances. We prepare submissions addressing the statutory matters and supporting material.
What section 10 is — and is not
A section 10 order is not the same as an acquittal or a withdrawal of the charge. An acquittal or a withdrawal means the charge is not established or is not pursued. A section 10 order, by contrast, is made where the court is satisfied of the offence but exercises its discretion to dispose of the matter without recording a conviction.
Section 10A is different again. An order under section 10A is a conviction with no additional penalty. It is not a non-conviction order, and it should not be confused with the orders under section 10(1).
A section 10 outcome does not automatically mean there is “no criminal record” in every context. What must be disclosed, and what will appear on a criminal-history or background check, depends on the order made, its duration, the legislation that applies to the particular check, and the purpose for which the check is conducted. Whether a particular outcome is realistic in a given matter depends on its facts, and honest advice on that is more useful than any assurance.
The Section 10 Orders
The orders available under section 10(1), and the matters that bear on each.
Section 10(1)(a) — Dismissal
The court finds the offence proven but dismisses the charge without recording a conviction, and without imposing any conditions.
No conviction recorded; no conditions imposed
Relevant considerations:
- Trivial nature of the offence
- The offender's character, antecedents, age, health and mental condition
- Extenuating circumstances
- Any other matter the court thinks proper to consider
Section 10(1)(b) — Conditional Release Order Without Conviction
The offender is discharged on a conditional release order (CRO) made without proceeding to a conviction, subject to conditions and for a period the court sets (up to 2 years).
No conviction recorded; CRO conditions apply for the set period
Relevant considerations:
- The section 10(3) matters the court must consider
- The offender's prospects of rehabilitation
- The conditions proposed and their suitability
- The impact a conviction would have
Section 10(1)(c) — Dismissal on Condition of an Intervention Program
The charge is dismissed on condition that the offender participates in an intervention program (for example a program addressing an identified underlying issue) and complies with any intervention plan.
No conviction recorded; participation in the program required
Relevant considerations:
- An identified underlying issue an eligible program addresses
- Program availability and eligibility
- Commitment to participation
- The section 10(3) matters
Preparing Section 10 Submissions
Detailed written submissions that address the matters in section 10(3), supported by material such as character references, evidence of steps taken, and material on the impact a conviction would have.
Outcome depends on the circumstances and the material before the court
Relevant considerations:
- Character references
- Material on the impact of a conviction
- Evidence of rehabilitation or steps taken
- Relevant medical or psychological reports
Discuss a Section 10 Application
Contact us for an initial confidential discussion about whether a non-conviction outcome may be realistic in your circumstances.
Request a Confidential Callback
Provide a few basic details and the firm will contact you as promptly as availability permits. For urgent matters, call Joshua directly on 0410 630 671.