Introduction

Contrary to popular belief, an accused person can still enjoy a very satisfactory outcome even if their criminal act has been proven. This can happen through a section 10 dismissal, which is a legal provision in New South Wales that allows individuals to avoid a criminal conviction, even after being found guilty of an offence. This sentencing option, outlined in section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), is particularly beneficial for those who want to avoid the long-term consequences of a criminal record, such as impacts on employment, travel, and professional licensing.

The following guide provides essential information about Section 10 dismissals, including how they work, the different types of orders available, and the factors courts consider when granting such dismissals. Whether you’re facing a minor offence or a more serious charge, understanding how to navigate the legal process and potentially avoid a conviction is crucial. This article will explore the key aspects of Section 10 dismissals, helping you make informed decisions about your legal situation.

Understanding Section 10 Dismissals In NSW

What Is A Section 10 Dismissal

A Section 10 dismissal is a legal outcome where a person is found guilty of a criminal offence, but the court decides to dismiss the charges without recording a criminal conviction. This is made possible under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

The key benefit of a Section 10 dismissal is that it allows individuals to avoid the long-term consequences of having a criminal record, such as impacts on:

• Employment opportunities
• International travel
• Licensing applications

Criteria The Court Considers For Section 10 Orders

When determining whether to grant a Section 10 dismissal, the court evaluates several factors:

• Character and Antecedents: The person’s criminal history, age, and overall character are considered. A clean record and good character can positively influence the court’s decision.
• Nature of the Offence: The court assesses whether the offence is minor or trivial. For example, minor drug possession or a first-time offence may be more likely to receive a Section 10 dismissal.
• Extenuating Circumstances: The court considers the circumstances surrounding the offence, such as personal hardships or unforeseen events that may have contributed to the offence.
• Health and Mental Condition: The person’s physical or mental health at the time of the offence or during sentencing may also be taken into account.

Examples Of When A Section 10 Dismissal May Be Granted

The court may consider granting a Section 10 dismissal in various situations, including:

• Minor Drug Possession: If someone is found with a small amount of cannabis and has no prior criminal history, the court may consider a Section 10 dismissal.
• First-Time Offenders: Individuals with no criminal history who have committed a minor offence may be granted a Section 10 dismissal.
• Trivial Offences: Offences of a minor nature, such as low-range PCA (Prescribed Concentration of Alcohol) offences, may also qualify for a Section 10 dismissal.
• A Section 10 dismissal is a significant sentencing option that can help individuals avoid the lasting impacts of a criminal conviction. It is important to seek legal advice to understand how to present a strong case for a Section 10 dismissal.

Types Of Section 10 Orders In NSW

Section 10(1)(a) Dismissal Without Conditions

A Section 10(1)(a) dismissal is the most straightforward form of a Section 10 order. Under this provision, the court dismisses the charges against you without imposing any conditions. This means:

• No conviction is recorded on your criminal record.
• No further penalties are imposed, such as fines or loss of licence.
• You are free to leave the court with no ongoing obligations.

This type of dismissal is often granted in cases where the offence is minor, and the court believes it is appropriate to give the offender a second chance without further consequences. Essentially, this is the best-case scenario.

Conditional Release Orders And Intervention Plans Under Section 10(1)(b) & (1)(c)

If the court decides to impose conditions under a Section 10 order, there are two main types of orders:

Section 10(1)(b): Conditional Release Order (CRO)

A Conditional Release Order (CRO) is similar to a good behaviour bond. Under this order:

• You are required to comply with specific conditions, such as:
  • Being of good behaviour.
  • Not committing any further offences.
  • Notifying the court of any change in your address.
• The CRO can last for up to two years.
• If you comply with all conditions during this period, the matter is dismissed and no conviction is recorded.
• However, if you breach those conditions, the court may revoke the order, convict you, and impose a more severe penalty.

Section 10(1)(c): Intervention Plan

A Section 10(1)(c) order requires you to participate in an intervention program designed to address underlying issues that contributed to the offence. Under this order:

• You must agree to participate in and complete a rehabilitation or intervention program.
• Examples include:
  • Traffic Offenders Intervention Program for driving-related offences.
  • Drug or alcohol rehabilitation programs for substance-related offences.
• You must comply with any intervention plan developed as part of the program.

Although less common than the other two orders, this type of intervention is particularly useful for offenders who need support to tackle the root causes of their behaviour.

Benefits & Consequences For The Accused

Benefits Of A Section 10 Dismissal

A Section 10 dismissal offers several significant benefits to the accused. By preventing a criminal conviction from being recorded, it means no fines, no loss of licence, and no demerit points for traffic offences. This, in turn, allows individuals to maintain a clean criminal record—crucial for employment, travel, and other opportunities.

Moreover, avoiding a recorded conviction helps sidestep the long-term consequences often associated with criminal records, such as difficulty securing certain jobs or obtaining visas for international travel.

Key benefits include:

• No criminal conviction recorded: the offence does not appear on a National Police Check, making it easier to find employment and travel.
• Avoidance of penalties: no fines, no loss of licence, and no demerit points for traffic offences.
• Protection of reputation: a clean record helps maintain a positive reputation and avoids the stigma of a conviction.

Potential Consequences And Disclosure Requirements

While a Section 10 dismissal is advantageous, there are important conditions and disclosure requirements to consider. For instance, if the dismissal is conditional—such as involving a good behaviour bond or an intervention program—the matter will appear on a police check until those conditions are fulfilled.

Once the conditions are satisfied, the conviction becomes spent and no longer appears on standard records. However, in certain circumstances, disclosure may still be required. Individuals working in regulated industries or applying for specific professional licences often must disclose spent convictions to ensure transparency in sensitive fields like law enforcement, healthcare, or education.

Key considerations include:

• Conditional orders: if a conditional release order is imposed, the matter remains on the record until its conditions are met.
• Disclosure requirements: certain professions or licence applications may require disclosure of the matter, even after the conviction is spent.
• Spent convictions: once conditions are completed, the conviction is hidden on a standard police check, offering a fresh start.

Understanding these aspects helps individuals make informed decisions and navigate both the legal and professional implications of a Section 10 dismissal.

How To Enhance Your Chances Of Getting A Section 10 Dismissal

Importance Of Early Plea & Expressing Remorse

By entering an early guilty plea, you demonstrate a willingness to accept responsibility for your actions, which the court views favourably. Similarly, expressing genuine remorse shows that you understand the gravity of the offence and its impact on both victims and the community. Together, these steps can lead a magistrate or judge to adopt a more sympathetic view of your case.

Preparing Evidence & Character References

To strengthen your case for a Section 10 dismissal, it is crucial to prepare and present supportive evidence, including:

• Character References: Obtain letters from reputable individuals such as employers, community leaders or long-standing acquaintances. These references should highlight your good character, honesty and contributions to the community.
• Personal Circumstances: Provide evidence of any hardships or challenges that may have contributed to the offence, including medical conditions, mental health issues or significant life events around the time of the incident.
• Rehabilitation Efforts: Demonstrate proactive steps taken to address underlying issues. For example, you might complete rehabilitation programs, attend counselling or participate in community service—such as a Traffic Offender’s Intervention Program for driving offences or a drug rehabilitation program for substance-related charges.

By presenting a compelling case with these elements, you can effectively argue for a Section 10 dismissal and avoid a criminal conviction.

Conclusion

A Section 10 dismissal is a powerful legal tool that allows individuals to avoid a criminal conviction, offering significant benefits such as maintaining a clean criminal record, avoiding penalties like fines or licence disqualification, and protecting their reputation. This sentencing option is particularly advantageous for those facing minor offences, first-time offenders, or individuals who have demonstrated genuine remorse and taken steps toward rehabilitation. The court considers various factors, including the nature of the offence, the offender’s character, and extenuating circumstances, when deciding whether to grant a Section 10 dismissal.

If you are facing criminal charges and want a Section 10 dismissal, it is crucial to seek expert legal advice to help you get there. Contact Daoud Legal, a trusted criminal law firm in Sydney, today to discuss your case and determine the best course of action. Their specialised knowledge and experience can help you navigate the legal process and work towards achieving the most favourable outcome. Don’t miss the opportunity to protect your future—reach out now for a confidential consultation.

Frequently Asked Questions