Section 10

A Magistrate will consider:

• the severity of the offence
• the circumstances in which it occurred
• historical records or convictions
• whether there are any significant changes in the offender’s circumstances since the offence

If you can provide evidence that the offence occurred during a particularly challenging time in your life (documented for you by a criminal lawyer), that you are typically a person of good character and that you have taken some steps to avoid this occurring again, this can increase your chances of getting a Section 10. Your age and the seriousness of your conduct will also be taken into account. While it is more likely that you will receive a Section 10 for a less serious charge, it is still possible to receive a Section 10 for serious offences.

Evidence to show that you have remedied your actions in some way can assist. If you have paid for damage or taken steps to rectify the impacts, this will be considered.

Intervention program examples include anger management programs, traffic offender programs or other rehabilitation programs. Some intervention programs are considered to be more credible or suitable by a Court so seeking advice about intervention options relating to the specific offence, is highly recommended.

Character references should also be sought. We provide you specific guidance on who and what to include in character reference letters.

You will need guidance from a criminal lawyer to compile this evidence most effectively. We will provide you advice and assistance that matches the context of the offence you have been charged with.

There are a number of steps that can be taken to improve your chances of getting a Section 10. Speak to our criminal lawyers or take a look at the Preparing for Sentencing page.