Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a court that finds an offence proved can decide not to record a conviction. This is often called “getting a section 10”.
The three options under section 10
Dismissal
Section 10(1)(a). The charge is dismissed. No conviction is recorded and no further conditions apply.
Conditional release order
Section 10(1)(b). You are released on a conditional release order without a conviction. You must be of good behaviour, and the court can add other conditions. The order can last up to two years.
Intervention program
Section 10(1)(c). The charge is dismissed on condition that you take part in an intervention program or another program for treatment or rehabilitation.
What the court considers
The court looks at matters including:
- your character, antecedents (any prior record), age, health and mental condition;
- whether the offence was trivial in nature;
- any extenuating circumstances in which the offence was committed; and
- any other matter the court thinks proper, such as the effect a conviction would have on your employment or travel.
Which offences?
Section 10 orders are available for many offences dealt with in the Local Court, including some drug possession, drink driving, minor assault and stealing offences. Whether one is realistic in your case depends on the seriousness of the offence, your record and your circumstances. For some traffic offences, a section 10 can also mean you avoid an automatic licence disqualification.
How we prepare your case
- Assess the facts. We check the police facts and negotiate changes where they overstate what happened.
- Gather evidence. Character references, employment letters, certificates from courses or counselling, and medical or psychological reports where relevant.
- Present the case. We put the material before the court and make submissions on why a conviction should not be recorded.
Good Legal has helped many clients avoid a criminal record, including clients who had been told by other lawyers that a non-conviction order was not possible.
If you are going to court, your first conference is free. We will tell you whether a section 10 is a realistic outcome and how to give yourself the best chance of getting one.