Save your job, keep your licence!
Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows for a Court that finds you guilty of an offence, to discharge you without recording a conviction.
The major benefit of receiving a section 10 is that a conviction is not recorded on your criminal and/or traffic record. This can mean the difference between keeping a clean record and keeping your career intact, being able to travel overseas, to having to disclose the offence to your employer (or future employer) and risk embarrassment, or even your job.
In traffic matters, the benefits of a section 10 are far reaching. If successful, you can avoid losing demerit points, avoid lengthy disqualification periods, avoid hefty fines and convictions.
Section 10 dismissals are available for all traffic and criminal cases.
What offences can be dealt with by section 10?
There are a wide range of offences that the court will consider dealing with by way of a section 10. Generally, these offences will be offences dealt with summarily, that is in the local court. These include less serious offences that do not carry lengthy periods of full time imprisonment. Whilst many Magistrates or Judges reserve Section 10 for offences that are considered less serious, it is certainly possible to achieve a “Section 10” for more serious offences involving possible sentences of full-time imprisonment.
Who would be eligible for a section 10?
The court will take into account, amongst other things, the following:
- the person’s character, antecedents, age, health and mental condition;
- the trivial nature of the offence;
- the extenuating circumstances in which the offence was committed; and
- any other matter that the court thinks proper to consider.
You will be surprised how often courts exercise this discretion and will impose a section 10. Contact us now to see if you are eligible.