Facing a criminal charge can be an overwhelming and stressful experience, with potential consequences that could impact your future opportunities and reputation. However, in New South Wales (NSW), the law provides a unique option to mitigate these consequences in certain cases—known as a Section 10 dismissal. This legal provision offers a way to acknowledge wrongdoing without the lasting burden of a criminal conviction.
Table of Contents
What Is a Section 10 Dismissal?
Types of Section 10 Orders
Factors Courts Consider When Granting a Section 10 Dismissal
Can You Apply for a Section 10 Dismissal if You Plead Guilty?
Supporting Your Application for a Section 10 Dismissal
Do Section 10 Dismissals Appear on a Police Check?
Benefits of a Section 10 Dismissal
Why Legal Representation Matters
What Is a Section 10 Dismissal?
In New South Wales (NSW), a Section 10 dismissal is a legal mechanism that provides individuals with an opportunity to avoid the harsh consequences of a criminal conviction. This provision is outlined under Section 10 of the Crimes (Sentencing Procedure) Act 1999 and enables the court to find an offence proven but dismiss the charge without recording a conviction. Essentially, it’s a way for offenders to be held accountable without enduring the lasting stigma and repercussions of a criminal record.
This option is often considered for minor offences and is available for cases typically heard in the Local Court, including traffic infringements like drink driving, driving while disqualified, or minor criminal offences such as possession of prohibited drugs or minor assaults. A Section 10 dismissal acknowledges the offence but avoids imposing penalties such as fines, disqualification periods, or imprisonment.
Types of Section 10 Orders
There are three types of orders available under Section 10. Each caters to different circumstances and offender profiles:
Section 10(1)(a): Dismissal Without Conditions
This is the simplest and most lenient option. The court dismisses the offence outright, with no conditions attached. This option is typically granted to individuals with a spotless record or where the offence is deemed extremely minor.
Section 10(1)(b): Conditional Dismissal (Good Behaviour Bond)
Under this order, the court dismisses the offence but imposes a good behaviour bond, requiring the individual to adhere to specific conditions for a set period, often up to two years. Conditions may include:
Remaining of good behaviour.
Avoiding any new offences.
Informing the court of any change in address.
Breaching these conditions can result in the bond being revoked and the offence being re-sentenced, potentially leading to a conviction.
Section 10(1)(c): Conditional Dismissal (Intervention Program)
In some cases, a Section 10 order may involve a requirement to participate in a rehabilitation or intervention program. This option is typically applied where the offender’s behaviour is linked to underlying issues such as substance abuse. Programs may include:
Traffic Offenders Programs for driving offences.
Drug and alcohol rehabilitation initiatives.
Successfully completing the program is crucial to maintaining the Section 10 dismissal.
Factors Courts Consider When Granting a Section 10 Dismissal
Courts do not grant Section 10 dismissals lightly. Judges and magistrates weigh several factors to determine whether the dismissal is appropriate. The considerations, as outlined in Section 10(3) of the Crimes (Sentencing Procedure) Act 1999, include:
The offender’s personal circumstances:
The court will assess the individual’s age, character, and mental or physical health. Younger offenders or those with a clean record are more likely to receive leniency.
The nature of the offence:
Courts evaluate whether the offence is trivial or serious. Minor infractions, particularly those committed under extenuating circumstances, are more likely to qualify.
Extenuating circumstances:
If the offence occurred under extraordinary or mitigating conditions, the court might consider a Section 10 dismissal. For example, an individual caught speeding to reach a hospital in an emergency may have a strong case for leniency.
Public interest:
Courts weigh the potential benefits of dismissal against the need to uphold justice and deter similar offences.
Can You Apply for a Section 10 Dismissal if You Plead Guilty?
Yes, pleading guilty does not disqualify you from seeking a Section 10 dismissal. In fact, showing remorse and acknowledging responsibility can work in your favour. A guilty plea, combined with evidence of rehabilitation and good character, demonstrates to the court that you’re taking the offence seriously and are unlikely to re-offend.
Supporting Your Application for a Section 10 Dismissal
To strengthen your case, you’ll need to present compelling evidence and arguments to the court. Commonly accepted materials include:
Character References:
Letters from employers, community leaders, or mentors attest to your good character.
Rehabilitation Evidence:
Proof of participation in intervention programs or therapy sessions.
Personal Impact Statements:
Documents outlining how a conviction would affect your career, travel opportunities, or family responsibilities.
Medical Reports:
Evidence of mental or physical health conditions that may have influenced the offence.
Do Section 10 Dismissals Appear on a Police Check?
The answer depends on the specific type of Section 10 order granted. For outright dismissals under Section 10(1)(a), the offence does not appear on your criminal record. However, for conditional dismissals involving good behaviour bonds or intervention programs, the offence may appear on a police check during the bond or program period. Once the conditions are satisfied, the record is typically cleared.
Benefits of a Section 10 Dismissal
A Section 10 dismissal offers several advantages, particularly for individuals concerned about their future:
No Criminal Record: Avoiding a conviction allows you to maintain your reputation and sidestep barriers to employment or travel.
Preserving Driving Privileges: For traffic offences, you may retain your licence, avoiding suspension or disqualification.
Minimal Stigma: You are not required to disclose the offence in most situations unless specifically mandated by law.
Focus on Rehabilitation: If a program is included, you’re given the opportunity to address underlying issues without the burden of a criminal record.
Why Legal Representation Matters
Obtaining a Section 10 dismissal is not guaranteed and requires strong advocacy. Courts rely on sound arguments and supporting evidence to grant leniency. This is where an experienced lawyer can make a critical difference.
At Byron Lawyers Group, we understand how to build a persuasive case tailored to your unique circumstances. From gathering evidence to presenting your situation in court, we work tirelessly to achieve the best possible outcome for you.
If a Section 10 dismissal isn’t suitable, we will explore alternative options to minimise the penalties and protect your future. Contact us today at (02) 8866 4810 or visit Byron Lawyers Group to schedule a consultation. Don’t leave your case to chance—let us guide you toward a brighter future.
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