What is a Section 10 order?
“Section 10” refers to section 10 of the Crimes (Sentencing Procedure) Act 1999.
A Section 10 allows a Court to find you guilty of an offence but discharge the matter without recording a conviction. This means that you will not receive a criminal record for that offence.
There are a number of offences that may be dealt with by way of a Section 10. The most common include less serious traffic offences, minor drug offences and criminal matters in the Local Courts. However, it is not impossible to obtain a Section 10 dismissal or bond for more serious matters that may carry a gaol term.
Types of Section 10 orders
There are three kinds of Section 10 orders that can be applied by the Court.
Section 10(1)(a) Dismissal
The Court dismisses the offence without recording a conviction on your criminal record and imposes no conditions. You are free to leave the Court, and the matter is over.
Conditional Release Order (CRO)
On 24 September 2018, the Section 10(1)(b) non-conviction bond was abolished and replaced with a Conditional Release Order (CRO). Previously a section 10 bond allowed a court to dismiss charges without a conviction being recorded. A CRO also allows a Court to decide against a conviction and must include conditions that the offender does not commit an offence and must appear before the Court if called upon to do so during the bond's period. A CRO may be imposed for a period of up to 2 years. Additional conditions such as supervision and non-association requirements may also be imposed and a conviction can be recorded if the Court thinks it is appropriate. If the conditions are not complied with or the offender commits any further offence while on a CRO, the CRO may be set aside, the offender may be re-sentenced and the subsequent penalties may be more severe.
Section 10(1)(c) With an intervention program
The Court dismisses the offence without recording a conviction on your criminal record. However, directs you to enter into and complete an intervention or rehabilitation program and comply with any action plan that results from that program. Examples of an intervention or rehabilitation program are the Traffic Offenders Intervention Program, or a drug or alcohol rehabilitation program.
How can I get a Section 10?
The Courts do not give out section 10’s easily. Your lawyer must prepare thorough and convincing submissions to persuade a Magistrate or Judge to consider dismissing your criminal charges with a Section 10.
The Court will consider the following when deciding if a Section 10 is appropriate:
- Your age, character, criminal history, health & mental condition
- The nature of the offence, including whether it is trivial
- The extenuating circumstances in which the offence was committed
- Any other points that the Magistrate or Judge thinks is relevant
Things you should know about a Section 10
Any conviction, big or small can have an impact on your future. It can affect your current and future employment, ability to travel, secure finance and many other aspects of your life.
Getting a Section 10 means that no conviction will be recorded on your criminal or traffic record.
Having a clean record is hugely important for people who want to travel overseas and work in certain jobs. A Section 10 will allow you to travel freely and keep your career intact without having to disclose the offence to most employers or the authorities.
In traffic matters, a Section 10 means you will avoid losing your licence for a drink driving offence, avoid losing demerit points, avoid substantial fines and avoid a conviction. For certain traffic offences, you are not able to receive more than one section 10 within a five year period.
Does a Section 10 show on a police check?
A Section 10 without a bond or intervention order will not appear on your criminal record.
A Section 10 with a bond or intervention order will appear on your criminal record for the duration of the bond or rehabilitation program. Once you have completed the bond or intervention program, it becomes a “spent conviction”, and the matter will no longer appear on your criminal record.
Section 12 of the Criminal Records Act 1991 says that you do not need to disclose a “spent conviction” to anyone for any purpose. That means if you get a section 10 (with limited exceptions), you do not have to disclose it to your employer or anyone else even if they ask you directly, as long as any bonds have expired.
We are here to help
Fourtree Lawyers have successfully obtained Section 10 dismissals, bonds and intervention programs for clients facing a range of charges including traffic offences, drink driving, drug charges, larceny, assault and domestic violence matters.
Our lawyers will give you realistic advice about your chances of obtaining a Section 10 dismissal and help you identify the positive aspects of your character and circumstances and the relevant documents required to present your case. We will guide you through the entire Court process and work with you to minimise the legal ramifications of your offence.
If a Section 10 is not appropriate in your case, our lawyers will fight hard to reduce any penalties and suspension periods, minimise any fines you may face and help you avoid or minimise a gaol term.
Contact our Central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building your case, the higher your chance of getting the best outcome.
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Testimonials
Kevin and Jane are without a doubt 100% there to support you through Your whole ordeal reassuring you all the way My experience from finding Fourtree Lawyers on Google in a fairly unsure position, reading the reviews to the successful outcomes was the only referral I had, believe me when I say you will be happy with their experience in all fields of law which is insurmountable and they will obtain the best favourable outcome in any circumstance. Fourtree Lawyers are there for you to bring things back into perspective...
“Kevin and Jane were my “knights in shining armour.” I can’t thank these two people enough. They gave their everything and most important believed me when I told them my story. I am forever grateful for their professional attitude and for giving 100% to free me from my nightmare. I was able to plead guilty but also most importantly was not forced to lie and compromise my integrity and own personal values and standards. I was very happy with the outcome and the way I was treated. They communicated constantly...
Had the most amazing experience with Fourtree Lawyers kevin vierboom who represented my partner was helpful and understanding and we got a great result better then expected ? jane hogan, I was so blessed to have her by my side. They are an amazing team and i would recommend them to everyone also great value for money. Especially considering i only called the morning of the court case and they were all over it at my bek and call thankyou so much guys im so appreciative for all your help today
I was lucky enough to have Kevin take my case and am truly grateful for the services he and his team provided. From the outset, I was made to feel comfortable and knew from the first time meeting with them that they would go above and beyond to get the best possible outcome and that is exactly what they did. Fourtree Lawyers provides exceptional service with outstanding results and I would recommend Kevin to anyone and everyone who is in need of these services.
Court Results
Our client was a 37-year-old male. He was charged with drive a motor vehicle with illicit drug present. This was his second offence within 5 years. The client was facing an automatic 12-month or minimum of 6-month licence disqualification, a $3,300 fine and/or a 12-month term of imprisonment.
Our client lives with his long-term partner and two young children. He has had stable employment for the past 20 years. He needed to have a driver's licence. Without a licence, our client would have lost his job. He was sentenced at Gosford Local Court before Magistrate Day. Our solicitor argued that our client should receive a Section 10, which meant our client would receive no penalty or disqualification.
Magistrate Day took into account arguments about our client's dire financial situation, his pressing need for a licence, his contribution to the community and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b), meaning that he was placed on a 2-year good behaviour bond and the Court did not record a conviction on his criminal record.
Our client was stunned to achieve this result as his former solicitors could not avoid a conviction for his first offence. Keeping his driver’s licence meant he was able to keep his job.
Our client was a 47-year-old female. She was charged with drive a motor vehicle with mid-range PCA. It was her first offence. She has no criminal record and minor traffic infringements. She was facing an automatic 12-month and a minimum of 6-month licence disqualification, a $2,200 fine and/or a 9-month term of imprisonment.
Our client lives with her partner and young child. She works shift work at night and has a strong need for a driver's licence to get to and from work. Without a license, our client faced the real possibility of losing her job. She was sentenced at Wyong Local Court by Magistrate Feather and initially convicted to a 6-month licence disqualification, a $600 fine and a conviction on her criminal record.
Our solicitor appealed the conviction to the Gosford District Court and argued for a Section 10, meaning that we were asking that she receive no penalty or licence disqualification.
Justice Bozic considered our client's financial situation, her need for a licence, her good character, her contribution to the community and her genuine remorse. The Judge agreed that the matter should be dealt with under Section 10(1)(b). This meant that our client was placed on a 2-year good behaviour bond, her licence was not disqualified, her fine was withdrawn and the Court did not record a conviction on her criminal record.
Our client was elated to achieve a section 10. She was able to keep her job and keep her driver’s licence.
Our client was a 23-year-old female. She was charged with possessing a prohibited drug at a music festival. The client was facing an automatic $2,200 fine and/or a 2-year term of imprisonment. Due to the number of tablets she was found with, she was most fortunate not to be charged with supplying drugs, which carries heavier penalties.
Our client works in childcare and is also studying. With a conviction, she faced the possibility of losing her job. Our client was sentenced by Magistrate Day at Gosford Local Court, where solicitor Kevin Vierboom argued for a Section 10, which meant our client would receive no penalty.
Magistrate Day took into account our client's youth, her personal circumstances, her previous good character, her contribution to the community and her genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b). The Court did not record a conviction on her criminal record and placed our client on a 2-year good behaviour bond.
Our client was relieved to achieve a section 10. She was able to keep her job, continue her studies and plan for an overseas trip.
Our client was a 28-year-old male. He was charged with common assault and, after being excluded, remain in the vicinity of licenced premises after an incident during a night out in Sydney. He was facing a maximum penalty of $5,500 fine and/or a 2-year term of imprisonment.
Our client works in education and a conviction would have had a significant impact on his career. Our client was sentenced at the Sydney Downing Centre, where solicitor Kevin Vierboom argued for a Section 10, which meant our client would receive no conviction.
The Magistrate directed our client to participate in Forum Sentencing. This meant he was required to attend several conferences with the victim and police. The Magistrate then agreed that the matter should be dealt with under Section 10(1)(b). The Court did not record a conviction on our client's criminal record and placed our client on a 6-month good behaviour bond.
Our client was relieved to achieve a section 10. He was able to continue in his chosen career without disclosing any details of the incident to his employer.
Our client was a 53-year-old female. She was charged with larceny, which she refuted. The client was facing a maximum penalty of a 5-year term of imprisonment. She has no prior criminal record.
Our client has 4 children and lives with her husband. She has enjoyed a long and distinguished career in nursing and her livelihood was at risk if convicted. Our client was sentenced in Wyong Local Court, where solicitor Kevin Vierboom argued for a Section 10, which meant our client would receive no conviction.
Magistrate Feather took into account our client's personal circumstances, her good character, her contribution to the community and her genuine remorse. The Judge agreed that the matter should be dealt with under Section 10(1)(b). The Court did not record a conviction on our client's criminal record and placed her on an 18-month good behaviour bond.
Our client was in tears when she received a section 10. She was relieved that she was able to maintain her good reputation with no criminal conviction.
Our client was a 54-year-old female. She was charged with drive a motor vehicle with mid-range PCA, her first offence. She has no criminal record and only minor traffic infringements. The client was facing an automatic 12-month or a minimum of 6-month licence disqualification, a $2,200 fine and/or a 9-month term of imprisonment.
Our client lives with her husband and cares for her ailing father. She works on-call as a Nurse and has a strong need for a driver's licence. Without a licence, our client would face the genuine possibility of losing her job. Our client was sentenced at Gosford Local Court before Magistrate Williams, where solicitor Kevin Vierboom argued for a Section 10, meaning that we were asking that she receive no penalty or licence disqualification.
Magistrate Williams considered our client's personal circumstances, her good character, her contribution to the community and her genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b). The Court did not record a conviction on her criminal record and placed our client on an 18-month good behaviour bond.
Our client was thankful to achieve a section 10. She was able to keep her job and continue to care for her elderly father.
Our client was a 28-year-old male. He had no prior criminal convictions. He was charged with possessing a prohibited drug at a music festival. The client was facing an automatic $2,200 fine and/or a 2-year term of imprisonment.
Our client was a tradesman and had planned to apply for a home builder's licence. With a conviction, our client would find it more difficult to obtain this licence. Our client has also planned an overseas holiday with his girlfriend and was concerned that he would be prohibited from obtaining overseas visas. He was sentenced at Gosford Local Court by Magistrate Day, where our solicitor argued for a Section 10, which meant our client would receive a penalty or conviction on his criminal record.
Magistrate Day considered our client's strong work ethic, his plans to travel overseas, the effect a conviction would have on his career, his previous good character and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b). The Court did not record a conviction and placed our client on a 6-month good behaviour bond.
Our client was genuinely grateful to achieve a section 10. He can now look forward to a bright future and he and his girlfriend can travel freely overseas without concern.
Our client was a 26-year-old female. She was charged with common assault and assault, occasioning actual bodily harm after an unfortunate incident with a family member. Our client faced a maximum penalty of a 2-year term of imprisonment in the Local Court and a 5-year term of imprisonment in the District Court.
Our client works in tourism and travels frequently. With a conviction, our client faced the very real possibility of losing her job. After our solicitor negotiated with the Police, they agreed to withdraw the more serious charge of assault with actual bodily harm. Our client was then sentenced for the lesser charge of common assault in Gosford Local Court before Magistrate Williams. Her solicitor argued for a Section 10, which meant our client would receive no conviction on her criminal record.
Magistrate Williams took into account our client's youth, her personal circumstances, her previous good character, the level of provocation and her genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b). The Court did not record a conviction on our client's criminal record and placed our client on a 12-month good behaviour bond.
Our client and her whole family were overjoyed with the outcome.
Our client was a 47-year-old male. He was charged with drive a motor vehicle with mid-range PCA, his first offence. He has no criminal record. The client was facing an automatic 12-month or a minimum of 6-month licence disqualification, a $2,200 fine and/or a 9-month term of imprisonment.
Our client lives on his own and shares custody of his two children. He is a qualified chef catering functions across NSW and has a strong need for a driver's licence. Without a licence, our client would face the very real possibility of losing his job. Our client was sentenced at Hornsby Local Court before Magistrate Reiss, where solicitor Kevin Vierboom argued for a Section 10, meaning that we were asking that she receive no penalty or licence disqualification.
Magistrate Reiss took into account his children's need for transport on medical grounds, his previous good character, his need for a licence for work and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b). The Court did not record a conviction on his criminal record and placed our client on a 12-month good behaviour bond.
Our client was thankful to achieve a section 10. He was able to keep his job and drive his son to essential medical appointments.
Our client was a 38-year-old male. He was charged with use carriage service to menace/harass/offend, common assault and stalk/intimidate intend to cause fear after an unfortunate incident around Christmas. Our client was facing a maximum penalty of a 5-year imprisonment with a 2 & 3-year term of imprisonment for the lesser charges and a $5,500 fine.
Our client shares custody of his two children with his former wife. He is an IT specialist with an International Company and is required to travel extensively overseas. With a conviction, our client faced the very real possibility of losing his job. After solicitor Kevin Vierboom negotiated with the Police, they agreed to amend the facts and downgrade the charges. Our client was then sentenced in Gosford Local Court before Magistrate Eckhold, where his solicitor argued for a Section 10, which meant our client would receive no conviction on his criminal record.
Magistrate Eckhold considered our client's personal circumstances, his previous good character, his need to travel overseas for work and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b). The Court did not record a conviction on our client's criminal record and placed our client on a 2-year good behaviour bond.
Our client was completely stunned at the outcome and incredibly relieved to maintain his employment and ability to travel overseas freely.
Our client was a 54-year-old male. He was charged with drive a motor vehicle with low-range PCA, his first offence. He has no criminal record. The client was facing an automatic 6-month or a minimum of 3-month licence disqualification and a $1,100 fine.
Our client lives in Sydney with his wife and two children. He is a partner in a high profile company and has an impeccable reputation. With a criminal conviction, our client would face the very real possibility of losing his position. Our client was sentenced at Woy Woy Local Court before Magistrate Crews, where solicitor Kevin Vierboom argued for a Section 10, meaning that we were asking that he receive no penalty or licence disqualification.
Magistrate Crews considered his previous good character, his need for a clean criminal record, his need to travel overseas and his genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(a). The Court did not record a conviction on his criminal record and imposed no bond.
Our client was thankful to achieve a section 10. He was relieved to be able to maintain his business and personal reputation.
Our client was a 47-year-old female. She was charged with drive a motor vehicle with mid-range PCA. It was her first offence. She has no criminal record and minor traffic infringements. She was facing an automatic 12-month and a minimum of 6-month licence disqualification, a $2,200 fine and/or a 9-month term of imprisonment.
Our client lives with her partner and young child. She works shift work at night and has a strong need for a driver's licence to get to and from work. Without a license, our client faced the real possibility of losing her job. She was sentenced at Wyong Local Court by Magistrate Feather and initially convicted to a 6-month licence disqualification, a $600 fine and a conviction on her criminal record.
Our solicitor appealed the conviction to the Gosford District Court and argued for a Section 10, meaning that we were asking that she receive no penalty or licence disqualification.
Justice Bozic considered our client's financial situation, her need for a licence, her good character, her contribution to the community and her genuine remorse. The Judge agreed that the matter should be dealt with under Section 10(1)(b). This meant that our client was placed on a 2-year good behaviour bond, her licence was not disqualified, her fine was withdrawn and the Court did not record a conviction on her criminal record.
Our client was elated to achieve a section 10. She was able to keep her job and keep her driver’s licence.
Our client was a 23-year-old female. She was charged with possessing a prohibited drug at a music festival. The client was facing an automatic $2,200 fine and/or a 2-year term of imprisonment. Due to the number of tablets she was found with, she was most fortunate not to be charged with supplying drugs, which carries heavier penalties.
Our client works in childcare and is also studying. With a conviction, she faced the possibility of losing her job. Our client was sentenced by Magistrate Day at Gosford Local Court, where solicitor Kevin Vierboom argued for a Section 10, which meant our client would receive no penalty.
Magistrate Day took into account our client's youth, her personal circumstances, her previous good character, her contribution to the community and her genuine remorse. The Magistrate agreed that the matter should be dealt with under Section 10(1)(b). The Court did not record a conviction on her criminal record and placed our client on a 2-year good behaviour bond.
Our client was relieved to achieve a section 10. She was able to keep her job, continue her studies and plan for an overseas trip.
Client Reviews
From the first phone conversation Fourtrees gave us the confidence and reassurance that that our matter would be handled with professionalism and an outcome we were hoping for. The submissions given outlined how we felt and defended our matter perfectly. We couldn’t be happier with the care and comfort we received. We would recommend Fourtrees to anyone needing legal advice & will use Fourtrees for all and any of our future legal matters.
| IC | ★★★★★ |