SCB LEGAL
A Section 10 is a Sentencing option that is received when you are considered to be guilty of an offence, but do not get a criminal conviction. A Section 10 is one of many Sentencing options.
There are three types of Section 10’s:
If you receive a Section 10, it may be with or without conditions.
If you are granted a Section 10, it does not go on your criminal record and will not come up on a Police Check, however it is a penalty, and it does go on police record. This means that if you are applying for a job, the employer conducting the Police Check will not be able to see that you were charged with a criminal offence and received a Section 10.
Yes, you can travel overseas if you have a Section 10.
A Section 10 is not a criminal conviction however, it will be on your police record. If you are charged with a new offence, your previous charges and Section 10 will appear. If you find yourself in this situation, it is important to have an experienced criminal lawyer to help you because they can request that the Court only receive a copy of your Convictions record which will not show any previous offences for which you received a Section 10.
A Magistrate will consider:
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.
Book a time to speak with one of our highly experienced lawyers and learn if it’s possible.
If you receive a Section 10 dismissal, your sentence is finished at that point. If however, you receive a Section 10 for a specific period of time or until you complete an intervention program, you must be of good behaviour for the entire period that you are on the Section 10. This means that you must comply with any conditions the Court imposes and must not commit any new offences during that period.
If you breach your Section 10, then the Court may require you to appear before it. If you breach your Section 10 by committing a new offence, the Court may revoke your Section 10 and re-sentence you and impose a conviction. This means that the offence for which you originally received a Section 10, will now appear on your criminal record. The Court does have the power to take no action in respect of your Section 10 and that’s why it’s important to have a criminal defence lawyer that can get you the best possible outcome.
