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Understanding Section 10
Section 10 refers to section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). It permits a court to dismiss a charge or discharge an offender without recording a conviction.
If granted, the offence is proven but no conviction is entered. This can be critical where employment, travel, licensing or professional registration may be affected by a criminal record.
A court may grant a Section 10 in the following forms:
- Dismissal without conditions
- Conditional release order without conviction
- Intervention program order
The court considers factors including the seriousness of the offence, the person’s character, prior record, age, health and the circumstances of the offence.
Section 10 orders are discretionary. They are not automatically available and often require exceptional circumstances.
When You Need a Section 10 Lawyer
Legal advice is important when:
- You are pleading guilty and seeking to avoid a conviction
- The offence may impact employment or licensing
- You hold a professional registration
- You require a clear criminal record for travel
- The matter involves a first offence
- You are preparing for sentence in the Local Court
Strategic preparation significantly influences the prospects of success.
Our Legal Services in Section 10 Matters
We advise and represent clients seeking non-conviction outcomes, including:
- Section 10 applications
- Conditional release order submissions
- Character reference preparation
- Sentencing submissions
- Traffic offence Section 10 matters
- Local Court representation
We provide clear advice on prospects and evidentiary preparation.
Our Approach to Section 10 Applications
We assess the offence, personal circumstances and sentencing context at an early stage. Supporting material is carefully prepared, including character references, evidence of rehabilitation and documentation addressing employment impact.
Submissions are structured around statutory considerations and relevant case law principles. Particular attention is given to demonstrating why a conviction would be disproportionate in the circumstances.
Where appropriate, we explore intervention programs or other rehabilitative steps that strengthen the application.
Our focus is on presenting a coherent and persuasive case before the Local Court.
Why Choose Maguire & McInerney
Maguire & McInerney advises on sentencing outcomes involving professional, employment and reputational consequences. Our approach is grounded in detailed knowledge of the Crimes (Sentencing Procedure) Act 1999 (NSW) and Local Court practice. We provide clear advice on prospects and preparation strategy, supported by transparent fee structures.
If you are seeking to avoid a conviction, contact our team to obtain advice before your court date to ensure appropriate preparation.
Steps To Get Started
FAQs
In some cases, a Section 10 may be available for certain traffic offences. Each matter depends on its facts and prior history.
No. The offence is proven. The court simply elects not to record a conviction.
A Section 10 allows a court to find an offence proved but not record a conviction. It may involve dismissal or a conditional release order without conviction.
Eligibility depends on the offence, personal circumstances and the court’s assessment of whether a conviction is necessary. It is a discretionary outcome.
A conviction is not recorded. However, certain government agencies may retain records of the court outcome.
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