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What is a Section 10?

Can I Get a Section 10?

Obtaining a Section 10 Dismissal is dependent on the circumstances of the offence. For example, for a charge of drink driving, a lower range drink driving charge is more likely to be dismissed than a higher range charge. The magistrate will look at various factors in determining the penalty, such as any previous traffic law related charges, any criminal record, the circumstances surrounding the offence, your good character and the apparent need for maintaining your licence (in terms of work or family related duties), etc., etc.

How can Sydney Criminal Defence Lawyers help?

Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.

The initial consultation is free.

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Can I Get a Section 10?

Obtaining a Section 10 Dismissal is dependent on the circumstances of the offence. For example, for a charge of drink driving, a lower range drink driving charge is more likely to be dismissed than a higher range charge. The magistrate will look at various factors in determining the penalty, such as any previous traffic law related charges, any criminal record, the circumstances surrounding the offence, your good character and the apparent need for maintaining your licence (in terms of work or family related duties etc.).

How can Daoud Legal:
Sydney Criminal Defence & Traffic Lawyers help?

Our criminal defence & traffic lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 1300 885 646 or text 0420 998 650 24hrs to book a free consultation with one of our lawyers.

Understanding Section 10 Orders: A Guide to Avoiding a Criminal Record

At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our experienced criminal lawyers in Sydney understand the complexities of the legal system and are dedicated to providing you with the guidance and support you need when facing criminal charges. One of the options available in certain circumstances is a Section 10 order under the Crimes (Sentencing Procedure) Act 1999 (NSW), which can potentially allow you to avoid a criminal conviction.

What is a Section 10 Order ?

A Section 10 order, also known as a dismissal of charges or a non-conviction order, is a provision under the Crimes (Sentencing & Procedure) Act 1999 (NSW) that allows a magistrate or judge to dismiss charges without recording a criminal conviction. The purpose of this order is to provide an opportunity for offenders who have committed a minor or trivial offence to avoid the long-lasting consequences of a criminal record.

There are different types of Section 10 orders available, including :

Section 10 (1)(a) - Outright dismissal of charges without any conditions

Section 10 (1)(b) - Conditional release order with a good behaviour bond

Section 10 (1)(c) - Conditional release order with conditions and an intervention program

The eligibility for a Section 10 order depends on the nature and circumstances in which the offence was committed, as well as the offender's criminal history, good character, and rehabilitation efforts.

Applying for a Section 10 Dismissal

If you believe you may be eligible for a Section 10 order, it is essential to seek legal advice from an experienced criminal lawyer. Our team at Daoud Legal will work with you to gather evidence of your good character, rehabilitation efforts, and any mitigating factors that may strengthen your chances of obtaining a Section 10 dismissal.

We will guide you through the sentencing procedure and help you present your case to the court, highlighting the trivial nature of the offence and the circumstances surrounding it.

Potential Outcomes of a Section 10 Application

The potential outcomes of a successful Section 10 application can vary depending on the type of order granted :

  • Outright dismissal: The charges are dismissed pursuant to Section 10(1)(a) without any conditions or further obligations.
  • Conditional discharge:  The charges are dismissed pursuant to Section 10(1)(b), but you must comply with certain conditions, such as a good behaviour bond, for a specified period.
  • Conditional release order: The charges are dismissed pursuant to Section 10(1)(c), but you must comply with certain conditions and participate in an intervention program, such as the Traffic Offenders Intervention Program for certain traffic offences.

It's important to note that a Section 10 order may still have implications for demerit points or insurance premiums depending on the nature of the offence.

Common Offences Eligible for Section 10

While the eligibility for a Section 10 order is determined on a case-by-case basis, there are certain types of offences that are commonly considered for this type of order. These may include minor drug offences, minor assaults, property crimes, traffic offences such as drink driving or speeding, and other less serious criminal offences.

Consulting an Experienced Criminal Lawyer

If you are facing criminal charges or a traffic offence, it is crucial to seek legal advice from an experienced criminal lawyer as soon as possible. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we offer initial consultations to discuss the merits of your case and the potential strategies available, including the possibility of applying for a Section 10 order.

Our lawyers will provide guidance throughout the court application process, ensuring that your rights are protected and that you have the best possible chance of achieving a favourable outcome, such as a Section 10 dismissal without recording a conviction.

Presenting Your Case to the Magistrate

When applying for a Section 10 order, our lawyers will make comprehensive submissions to the magistrate, highlighting the trivial nature of the offence, the circumstances surrounding the offence, and any mitigating factors that may support your case. We may also recommend your participation in relevant intervention programs, such as counselling, rehabilitation, or community service, to demonstrate your commitment to rehabilitation and accountability.

The court must be satisfied that it is appropriate to make such an order under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), taking into account factors such as the offence itself, your character, and the need to prevent you from committing further offences by promoting your rehabilitation.

Complying with Section 10 Orders

If a Section 10 order is granted with conditions, such as a good behaviour bond or participation in an intervention program, it is crucial to comply with these obligations. Failure to meet the conditions of the order may result in further legal consequences, including the potential for a criminal conviction to be recorded.

For example, if a Section 10 bond is relevantly broken, the provisions of the Crimes (Sentencing Procedure) Act 1999 (NSW) apply, and you may be treated as if you were convicted of the offence and receive a different sentence. Our lawyers will provide guidance and support throughout the duration of your order, ensuring that you understand your obligations and the consequences of non-compliance.

Record Removal if Section 10 Granted

One of the most significant benefits of being granted a Section 10 order is the ability to avoid a criminal conviction from being recorded on your record. Once you have successfully completed the conditions of the order, you will not have a criminal conviction associated with the offence.

This can have far-reaching positive implications for your future, including the ability to travel overseas without restrictions, maintain professional licenses and certifications, and pursue employment opportunities without the stigma of a criminal record.

Experience You Can Trust

At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our team of criminal lawyers has extensive experience in successfully navigating Section 10 applications and other criminal law matters. Our lawyers are dedicated to providing personalised attention to each client's case, ensuring that their unique circumstances and needs are addressed.

We take pride in our track record of success and the positive testimonials from our past clients who have benefited from our expertise and commitment to achieving favourable outcomes, such as obtaining a Section 10 dismissal or conditional release order.

Get in Touch About Your Situation

If you or a loved one is facing criminal charges or a traffic offence and believe you may be eligible for a Section 10 order, don't hesitate to seek expert legal guidance. Our team at Daoud Legal is here to provide you with the support and representation you need during this challenging time.

Contact us today by calling us now on 1300 885 646 or text 0420 998 650 24hrs. Our lawyers will be happy to discuss your situation and explore the best course of action to protect your rights and future prospects, including the way of a Section 10 dismissal or order under Section 10 of the Crimes Act 1999.

Remember, you don't have to navigate the legal system alone. Daoud Legal is dedicated to providing you with the guidance and advocacy you need to achieve the best possible outcome in your case, whether it's a dismissal of charges, a conditional release order, or another favourable resolution.

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Drug Offences are among the most serious offences in the eyes of the Criminal Law Courts. However, the penalties associated with Drug.
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