Section 10 Dismissal

Section 10 Dismissal

A Section 10 dismissal is where a person avoids a criminal record and other penalties, despite pleading guilty or being found guilty of an offence such as drink driving, drug driving, drug possession or supply assault, licence offences and other criminal or traffic offences. Essentially it means no criminal record, no good behaviour bond, no fine, no suspension of licence.

An application for a Section 10 dismissal can be made by anyone, except where a person has been found guilty of a second major traffic offence in 5 years.

There are different types of Section 10 dismissals:-

• Section 10(1)(a)  Dismissal without conviction. A person is found guilty but no conviction is recorded. This is the most lenient penalty.

• Section 10(1)(b)  Conditional release order without conviction. A person is found guilty and no conviction is recorded. However a person is placed on a conditional release order, which is similar to a good behaviour bond. This is intended to act as a warning, and is intended for low level offences.

• Section 10(1)(c)  Intervention plan without conviction. A person is found guilty and no conviction is recorded. However the person is required to complete an intervention program that is likely to reduce the likelihood of further offending behaviour.

What does the court take into account?

The court considers the full facts and circumstances surrounding the offence, including:-

• The person’s character, age, health and criminal/driving history.
• The nature of the offence. The more serious an offence, the less likely a Section 10 will be awarded.
• Any extenuating circumstances (something out of the ordinary) in which the offence was committed
• Any other matter the court deems relevant.

What other options are there?

If a Section 10 is not appropriate in your circumstances, you still may be able to apply for another ‘non-conviction order’, also called a ‘good behaviour bond’.  

There are a number of ways you can improve your chances of a Section 10 dismissal or a non-conviction order, including by having a skilled advocate at your side in court. If you have been charged with an offence, and would like to discuss the possibility of avoiding or reducing penalties, contact our criminal and traffic lawyer today. You can either book a free initial 15 minute phone consult or book an appointment online.