If you’re concerned about obtaining a criminal record in New South Wales, a Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999 may offer a second chance. This legal provision allows a court to find you guilty of an offence but discharge the matter without recording a conviction.
In this article, we explore what a Section 10 dismissal entails, its types, benefits, and how to increase your chances of receiving one.
Key Takeaways
- A Section 10 dismissal permits the court to find an offence proven but not record a conviction, helping individuals avoid a criminal record.
- There are three types of Section 10 orders: unconditional dismissal, conditional release order (CRO), and dismissal with an intervention program requirement.
- Courts assess factors such as age, character, health, mental condition, the trivial nature of the offence, and any extenuating circumstances when considering eligibility.
What is a Section 10 Dismissal?
Under Section 10 of the Crimes (Sentencing Procedure) Act 1999, a court that finds a person guilty of an offence may, without proceeding to conviction, make one of the following orders:
- Section 10(1)(a): Dismiss the charge.
- Section 10(1)(b): Discharge the person under a conditional release order (CRO).
- Section 10(1)(c): Discharge the person on the condition that they participate in an intervention program and comply with any resulting intervention plan.
This means that even though the offence is proven, no conviction is recorded, allowing individuals to avoid the consequences associated with a criminal record. The result can help preserve your employment, education, and licensing prospects.
Types of Section 10 Orders
1. Section 10(1)(a): Unconditional Dismissal
The court dismisses the charge without imposing any conditions. This is the most lenient outcome, resulting in no conviction, no penalty, and no further obligations.
2. Section 10(1)(b): Conditional Release Order (CRO)
The court discharges the person under a CRO, which may include conditions such as good behaviour for a specified period (up to two years). If the person complies with the conditions, no conviction is recorded.
3. Section 10(1)(c): Intervention Program Requirement
The court discharges the person on the condition that they participate in an approved intervention program, such as a traffic offenders intervention program or alcohol rehabilitation program, and comply with any resulting plan. This order is often granted to individuals whose offending is linked to deeper behavioural issues.
What to Expect in Court for a Section 10 Application
Understanding what happens on the day can help you present yourself clearly and confidently. When you appear in the local court, your matter will likely be listed among several others. The court will hear:
- The facts of the offence as outlined by the prosecution
- Your lawyer’s submissions, including background, remorse, and steps taken
- Any evidence submitted, such as character references or medical reports
You may be asked to speak, though in most cases, your solicitor will handle the communication. It’s important to arrive early, dress neatly, and show respect for court procedures. If you’re well prepared, it will support the court’s perception of your responsibility and maturity, which can make a difference in whether such an order is granted.
How Section 10 Compares to Other Sentencing Outcomes
Unlike a Section 10 dismissal, most other sentencing outcomes involve a criminal conviction and an associated penalty. Here’s how it differs:
- Fines: Recorded as convictions unless otherwise stated, affecting your record
- Community Correction Orders (CCOs): Involve supervision, curfews, or community service, with convictions recorded
- Intensive Correction Orders (ICOs): More serious sentences served in the community under strict conditions
- Conditional Release Orders with Conviction: Similar to Section 10 CROs, but the offence results in a conviction
Section 10 is unique because it offers no criminal conviction and no fine, provided you meet the court’s requirements or conditions.
Factors Courts Consider When Granting Section 10
When determining whether to grant a Section 10 order, the court must consider:
- The person’s character, antecedents, age, health, and mental condition
- The trivial nature of the offence
- Extenuating circumstances under which the offence was committed
- The presence of genuine remorse
- The likelihood of the person committing further offences
- Whether the court thinks it’s proper to consider other mitigating factors
These factors help the court assess whether a Section 10 order is appropriate and whether the individual deserves a second chance without a conviction on their criminal record.
Eligibility for Section 10 Dismissal
A Section 10 dismissal may be considered for a range of offences, including:
- Minor traffic offences
- Drug possession
- Minor assaults
- Other trivial offences committed under certain circumstances
However, the decision remains at the court’s discretion. A person with a strong character background, no criminal history, and compelling personal circumstances has a better chance of success.
The court will also consider if the individual:
- Entered an early guilty plea
- Participated in a rehabilitation program
- Presented evidence of their health and mental condition
- Showed clear steps taken to avoid reoffending
Repeat offences or conditional release orders previously breached may significantly reduce the likelihood of obtaining a Section 10 outcome.
Impact on Criminal Records
A Section 10 dismissal means no conviction is recorded, and the person avoids a criminal record for that offence. This can have significant benefits, such as:
- Preserving employment opportunities
- Avoiding disclosure on visa applications
- Remaining eligible for professional licences or government clearances
- Preventing suspension of a driver’s licence or loss of demerit points
A clean record is vital for individuals in regulated industries, such as childcare, security, law enforcement, or healthcare. A recorded conviction could lead to the loss of accreditation or refusal of a working with children check or police clearance. Section 10 helps maintain eligibility in such cases.
How Is Section 10 Different from a Spent Conviction?
A spent conviction is one that no longer needs to be disclosed after a set crime-free period — generally 10 years in NSW. In contrast, a Section 10 dismissal means the conviction never existed in the first place. This distinction makes Section 10 significantly more powerful in preserving someone’s record for employment, licensing, and travel purposes.
Can You Get a Section 10 If You Plead Guilty?
Yes. A person pleading guilty can still receive a Section 10. In fact, an early guilty plea demonstrates responsibility and may strengthen your position, especially when supported by character references, genuine remorse, and participation in a rehabilitation program.
In many local court matters, an apology letter, evidence of mental health support, or successful completion of an educational course can influence the outcome significantly.
Benefits of Section 10 Dismissal
- Avoids a criminal conviction, protecting your reputation and opportunities
- Helps retain or gain employment, especially in fields that require clean records
- Prevents loss of licence for certain traffic offences
- Encourages rehabilitation over punishment
- Minimises long-term legal and social consequences
A Section 10 dismissal can remove a major legal barrier from someone’s life and allow them to move forward without the shadow of a past mistake.
When Is a Section 10 Dismissal Unlikely to Be Granted?
While Section 10 is a valuable tool for rehabilitation, it is not suitable in all situations. Courts are cautious about granting Section 10 orders when doing so would appear to excuse serious criminal offences or create concerns about public safety.
You are unlikely to receive a Section 10 dismissal if:
- The offence involves violence or actual bodily harm
- The person has a history of similar offences
- The offence occurred while already on bail, parole, or a conditional release order
- There is minimal remorse or no steps taken toward rehabilitation
- The public interest requires a conviction to deter others
In such cases, the court may determine that a nominal punishment is inappropriate, especially where a conviction is essential to maintaining confidence in the justice system.
Case Study Example: Drug Possession
A person was found in possession of 6.5 grams of cannabis and 30.3 grams of MDMA. Despite the seriousness, the individual had no prior criminal history, pleaded guilty early, and entered a drug rehabilitation program. The district court acknowledged the person’s genuine remorse, stable employment, and efforts at reform. A Section 10(1)(b) conditional release order was granted for 24 months with a good behaviour bond, helping the person avoid a criminal conviction.
Additional Case Study: Low-Range Drink Driving
A 22-year-old on a provisional licence was caught for low-range PCA (drink driving). This was their first offence. They immediately took responsibility, submitted a letter of apology, and completed a traffic offenders intervention program.
The local court acknowledged the person’s age, good character, and the trivial nature of the offence. A Section 10(1)(b) CRO with a 12-month good behaviour condition was issued, allowing them to retain their licence and avoid a conviction.
Steps to Increase Your Chances of a Section 10 Dismissal
To maximise your prospects:
- Enter an early guilty plea
- Submit character references from employers, teachers, or community leaders
- Write a sincere apology letter to the court
- Attend a rehabilitation program or a relevant course
- Provide evidence of personal hardship, mental health issues, or extenuating circumstances
- Engage a criminal defence lawyer to structure your legal submissions
Small details — such as courtroom etiquette, how you’re dressed, and your attitude — can influence how the court perceives your sincerity and commitment to change.
Summary
A Section 10 dismissal under the Crimes (Sentencing Procedure) Act 1999 offers a powerful opportunity to avoid a criminal conviction even when you have been found guilty. Whether you appear in the local court or district court, the chance to walk away without a criminal record can change your life.
Eligibility depends on the nature of the offence, your character antecedents, and how well you demonstrate accountability, remorse, and reform. With the right preparation, you can give yourself the best chance of a fresh start.
At KPT Legal, we understand how stressful facing criminal charges can be, especially when your future is on the line. If you think a Section 10 dismissal might be appropriate in your case, we’re here to help you navigate the process with confidence and clarity.
Reach out to us, and our legal representative will get back to you promptly.
